Commencement of Adjudication
Notice of Adjudication
To start an adjudication and create a Notice of Adjudication, a Claimant must create an account on ODACC’s Custom System. After creating an account, a Claimant will fill in the information required to create a Notice of Adjudication. Please refer to the following link for a sample of a Notice of Adjudication: Notice of Adjudication Form.
What Happens After the Notice of Adjudication is Created?
1. An Email Notification is Sent to the Respondent
After a Claimant completes the Notice of Adjudication, ODACC will send an email to the Respondent stating that they were named as a Respondent in a Notice of Adjudication and providing. The email will contain a link for the Respondent to view the Notice of Adjudication, participate in the selection of an Adjudicator and file a response.
FAQ: How can a Claimant know that the Respondent has seen the Notice of Adjudication?
After the Respondent views the Notice of Adjudication, the Claimant will see the following message on ODACC’s Custom System: “Notice of Adjudication Received by Respondent (or Respondent’s Representative).”
2. ODACC Receives the Notice of Adjudication
ODACC’s Custom System will send the Notice of Adjudication to ODACC in electronic format (as required by s. 16 of Ontario Regulation 306/18).
FAQ: When will ODACC be deemed to have received a Notice of Adjudication?
Where a Notice of Adjudication is created between midnight and 3:59 pm (EST) on a business day, ODACC will be deemed to have received the Notice of Adjudication on that day. Where the Notice of Adjudication is created between 4:00 p.m. and midnight (EST) or on a weekend or statutory holiday, it will be deemed to have been received by ODACC on the following business day.
FAQ: What constitutes legal “service” of the Notice of Adjudication under the Construction Act?
For the answer to this question and other legal questions, please consult the Construction Act.
Adjudicator Selection
After the Respondent receives the Notice of Adjudication, the next step in the adjudication process is for the Parties to select an Adjudicator. Please see the following link for information on how the Parties select an Adjudicator: Adjudicator Selection Process.
Response to Notice of Adjudication
The Respondent can respond to the Notice of Adjudication by clicking on the email link the Respondent received (as described above). The Respondent will be redirected to ODACC’s Custom System where it will be able to view the Notice of Adjudication and respond. A sample Response to Notice of Adjudication Form can be found at the following link: Response to Notice of Adjudication.
Once the Respondent responds, the following will occur:
- ODACC will receive a copy of the Response to Notice of Adjudication in electronic format; and
- The Claimant will receive an email stating that the Respondent responded to the Notice of Adjudication.
FAQ: When will ODACC be deemed to have received a Response to Notice of Adjudication?
Where a Response to Notice of Adjudication is created between midnight and 3:59 pm (EST) on a business day, ODACC will be deemed to have received the Response to Notice of Adjudication on that day. Where the Notice of Adjudication is created between 4:00 p.m. and midnight (EST) or on a weekend or statutory holiday, it will be deemed to have been received by ODACC on the following business day.
FAQ: What happens if a Respondent does not submit a Response to Notice of Adjudication?
If a Respondent does not submit a Response to Notice of Adjudication, the Claimant may contact ODACC to request that the adjudication proceed without the Respondent’s participation.
