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Adjudication Process

Pre-Designed Adjudication Processes

To assist the Parties and Adjudicators to determine the best adjudication process for a given dispute, ODACC has prepared four Pre-designed Adjudication Processes. Three of the Pre-designed Adjudication Processes will take place in writing only while the fourth pre-designed process will provide Parties with the option of an oral presentation (which will be conducted by videoconference or teleconference). ODACC recommends flat fees for each Pre-Designed Adjudication Process, available below.

The Parties could indicate their preferred process in ODACC’s Custom System to the Adjudicator; however, the Adjudicator has the discretion to conduct the adjudication in the manner he or she determines appropriate in the circumstances (s. 13.12(4) of the Act). If an Adjudicator opts to designs the adjudication process altogether, this will be done through the fifth process option within ODACC’s Custom System.

Even where the Parties and the Adjudicator agree on a pre-designed process option, the Adjudicator has the power to issue directions respecting the conduct of the adjudication, including the power to:

  • take the initiative in ascertaining the relevant facts and law;
  • draw inferences based on the parties’ conduct;
  • conduct on-site inspections of the improvement (subject to the owner’s consent); and
  • obtain the assistance of an expert (with the adjudicator able to order that one or both parties pay the expert’s fees).

The Claimant should select the process that the Claimant believes to be most appropriate for the adjudication of the particular dispute at hand. When making this selection, the Claimant should consider the amount claimed and the complexity of the issue in dispute. Disputes involving lower value claims and less complicated issues, for example, can be resolved using a Pre-designed Adjudication Process with fewer procedural requirements.

  • Adjudication in writing only;
  • Submissions of Parties’ arguments (and photographs) is limited to two Pages per Party (not including a copy of the construction contract and disputed invoice, both of which must be submitted); and
  • Determination is expected to be approximately one to two Pages.

Suggested Adjudication Timeline

Day 1: Adjudicator selected by the Parties or appointed by ODACC.

Day 5: Claimant submits a copy of the construction contract and, if there is an invoice that the Claimant submits is unpaid, the Claimant may also provide a copy of that invoice. Claimant also submits its arguments (and photographs), to a maximum of two Pages.

Day 7: The Adjudicator communicates the balance of the adjudication process to the Parties. The balance of the adjudication process is the timing for the Respondent to submit its two Pages of arguments (and photographs).

Day 12: Respondent submits its arguments (and photographs), to a maximum of two Pages.

Day 30:Draft Determination is provided to ODACC.

Day 35: Final Determination is released to the Parties.

Recommended Process Fee: $800 (subject to HST)

  • Adjudication in writing only;
  • Submission of Parties’ arguments (and photographs) is limited to five Pages per Party (not including a copy of the construction contract and disputed invoice, both of which must be submitted); and
  • Determination is expected to be approximately one to two Pages.

Suggested Adjudication Timeline

Day 1: Adjudicator selected by the Parties or appointed by ODACC.

Day 5: Claimant submits a copy of the construction contract and, if there is an invoice that the Claimant submits is unpaid, the Claimant may also provide a copy of that invoice.  Claimant also submits its arguments (and photographs), to a maximum of five pages.

Day 7: The Adjudicator communicates the balance of the adjudication process to the Parties.  The balance of the adjudication process is the timing for the Respondent to submit its five Pages of arguments (and photographs).

Day 12: Respondent submits its arguments (and photographs), to a maximum of five pages.

Day 30: Draft Determination is provided to ODACC.

Day 35: Final Determination is released to the Parties.

Recommended Process Fee: $1,000 (subject to HST)

  • Adjudication in writing only;
  • Submission of Parties’ arguments (and photographs) is limited to five Pages per Party (not including a copy of the construction contract and disputed invoice, both of which must be submitted);
  • Each Party may submit additional documents, parts of documents and witness statements to a maximum of ten Pages; and
  • Determination is expected to be approximately five pages.

 Suggested Adjudication Timeline

Day 1: Adjudicator selected by the Parties or appointed by ODACC.

Day 5: Claimant submits a copy of the construction contract and, if there is an invoice that the Claimant submits is unpaid, the Claimant may also provide a copy of that invoice. Claimant also submits its arguments (and photographs), to a maximum of five Pages. Claimant further submits its documents, parts of documents, and witness statements, to a maximum of ten pages (in total).

 Day 7: The Adjudicator communicates the balance of the adjudication process to the Parties.  The balance of the adjudication process should include the timing for the Respondent to submit its five pages of arguments (and photographs) and its ten pages of documents, parts of documents, and witness statements.

 Day 12: Respondent submits its arguments (and photographs) to a maximum of five pages.  Respondent also submits its documents, parts of documents, and witness statements, to a maximum of ten pages (in total).

Day 30: Draft Determination is provided to ODACC.

Day 35: Final Determination is released to the Parties.

Recommended Process Fee: $2,000 (subject to HST)

  • Submission of Parties’ arguments (and photographs) is limited to ten pages per Party (not including a copy of the construction contract and disputed invoice, both of which must be submitted);
  • Each Party may submit additional documents, parts of documents, and witness statements to a maximum of 25 pages (in total);
  • Each Party has half an hour to make an oral presentation;
  • Presentation can be conducted by videoconference or teleconference (but will not be in person); and
  • Determination is expected to be approximately five pages.

Suggested Adjudication Timeline

Day 1:  Adjudicator selected by the parties or appointed by ODACC.

Day 5: Claimant submits a copy of the construction contract and, if there is an invoice that the Claimant submits is unpaid, the Claimant may also provide a copy of that invoice. Claimant also submits its arguments (and photographs) to a maximum of ten pages. Claimant further submits its documents, parts of documents, and witness statements, to a maximum of 25 pages (in total).

Day 7: The Adjudicator communicates the balance of the adjudication process to the Parties. The balance of the adjudication process should include the timing for the Respondent to submit its arguments (and photographs) to a maximum of ten pages, and its 25 pages of documents, parts of documents and witness statements. The process may also include the mechanism (videoconference or teleconference) for the oral presentation.

Day 12: Respondent submits its arguments (and photographs), to a maximum of ten pages. Respondent also submits its documents, parts of documents and witness statements to a maximum of 25 pages (in total).

Day 18 or earlier:   Oral presentations (by videoconference or teleconference).

Day 30: Draft Determination is sent to ODACC.

Day 35: Final Determination is released to the Parties.

Recommended Process Fee: $3,000 (subject to HST)

  • The Adjudicator will convene a teleconference with the Parties to establish the process and rules for the adjudication and set a timeline (such as the one in the example set out below).

Suggested Adjudication Timeline

Day 1: Adjudicator selected by the Parties or appointed by ODACC.

Day 5: Claimant submits a copy of the construction contract and, if there is an invoice that the Claimant submits is unpaid, the Claimant may also provide a copy of that invoice. The Claimant also submits any documents it intends to rely on, including its arguments, witness statements, and photographs.

Day 7: The Adjudicator convenes a teleconference and communicates the balance of the adjudication process to Parties. The balance of the adjudication process should include the timing for the Respondent submitting its documents. The process may include a site visit and an oral hearing (either in-person or using technology).

Day 12: Respondent submits its documents including its arguments, witness statements and photographs.

Day 17 or earlier: Site visit, if necessary.

Day 20 or earlier: Oral hearing to take place.

Day 22 or earlier: The appointment of an assistant, if necessary.

Day 30: Draft Determination is provided to ODACC.

Day 35: Final Determination is released to Parties.

Recommended Process Fee: Adjudicator hourly rate.

Finalizing the Process

While the Claimant can recommend a pre-designed process in the Notice of Adjudication, the Adjudicator has the authority to make the final decision regarding how the adjudication process will be structured (s. 13.12(4) of the Act). This decision will be shared with the Parties at the start of the process through ODACC’s Custom System (ss. 13.6(2) and 13.12(1) of the Construction Act, R.S.O. 1990, CHAPTER C.30 (the “Act”)). During the adjudication process, the Adjudicator may include the following procedures and obtain the assistance of a person to determine better any matter of fact in question:

Adjudicators may request an oral hearing (by videoconference or teleconference) (s. 13.12 (1) of the Act). The Adjudicator will organize the oral hearing and provide the Parties with further information.

Adjudicators may need to conduct on-site inspections. For further information refer to s.13.12(2) of the Act.

Adjudicators will arrange with the Parties to conduct the site visit.

In order to make a Determination, the Adjudicator may obtain “the assistance of a merchant, accountant, actuary, building contractor, architect, engineer or other person in such a way as the adjudicator considers fit, as is reasonably necessary to enable him or her to determine better any matter of fact in question” (s. 13.12(1) 5. of the Act). 

Section 13.12(3) of the Act sets out the costs for the assistance of a person under s. 13.12(5):

13.12 (3) If the adjudicator obtains the assistance of a person under paragraph 5 of subsection (1), the adjudicator may fix the remuneration of the person as is reasonable and proportionate to the dispute and direct payment of the remuneration by either or both of the parties to the adjudication.

Retainer

A retainer towards fees and costs for the ODACC Adjudication Process selected by the Adjudicator will be calculated in ODACC’s Custom System based on the process selected and the claim value of the dispute. Under subsection 13.10(3) of the Act, the Parties to the adjudication split payment of the Adjudication Fee equally. For further information on retainers see the Payments section of our website.

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