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Determinations

The Adjudicator will write a Determination within thirty days from the day the Claimant submits its documents, pursuant to s.13.13(1) of the Construction Actwhich states:

13.13 (1) Subject to subsection (2), an adjudicator shall make a determination of the matter that is the subject of an adjudication no later than 30 days after receiving the documents required by section 13.11.

The Adjudicator’s Determination will be in writing and will include reasons for the decision (s. 13.13(6) of the Construction Act).

FAQ: Does ODACC have a template form of Determinations?

Yes, ODACC has a template form of Determinations. The template will be shared with certified Adjudicators. 

 

Effect of Determination

A Determination is binding on the Parties to the adjudication until:

  • a court orders otherwise;
  • an arbitration orders otherwise; or
  • the Parties agree otherwise (s. 13.15 of the Construction Act).

Pursuant to s. 13.13(7) of the Construction Act, “the determination and reasons of an adjudicator are admissible as evidence in court.”

Downloading the Determination

The Adjudicator will share the Determination with the Parties electronically through the “Determination” page on ODACC’s Custom System, a screenshot of which is available below (at Figure 6). Once the Determination is completed, the Parties will receive an email advising them that the Determination is available on ODACC’s Custom System. The Determination can be downloaded from the Determination page by clicking on the link that appears in the box called “Determination” (as shown at Figure 6 below).

Figure 6: Determination Page

Extending the Deadline to Make a Determination

The Adjudicator will produce a Determination within thirty days from the day the Claimant submits its documents (the “Due Date”). The Due Date may be extended with the consent of all the Parties and the Adjudicator. Any of the Parties or the Adjudicator may request a Due Date extension in accordance with s. 13.13(2) of the Construction Act, which states:

13.13(2) The deadline for an adjudicator’s determination may be extended, at any time before its expiry and after the provision of documents to the adjudicator under section 13.11,

      • on the adjudicator’s request, with the written consent of the parties to the adjudication, for a period of no more than 14 days; or
      • on the written agreement of the parties to the adjudication, subject to the adjudicator’s consent, for the period specified in the agreement.

To request a Due Date extension (a “Request”), the Parties or the Adjudicator must click on the “Request Determination Extension” button below the name of the adjudication on ODACC’s Custom System (see Figure 7 below). This button will be available after the Claimant submits its supporting documents.

After a Request is submitted, the Parties and the Adjudicator will receive an email asking them to respond to the Request. If everyone agrees to the Request, the Due Date will be extended by the number of days that was indicated in the Request. If the Request is rejected, another Request may be submitted through ODACC’s Custom System.

Figure 7: Request Determination Extension

Certified Determinations

A certified Determination is a certified copy of the Determination that a Party can file in court to enforce the Determination as if it were an order of the court. Section 13.20(1) of the Construction Act states:

13.20 (1) A party to an adjudication may, no later than the date referred to in subsection (2), file a certified copy of the determination of an adjudicator with the court and, on filing, the determination is enforceable as if it were an order of the court.

ODACC will provide a certified Determination to the Parties, through the Determination page on ODACC’s Custom System, within seven days following the release of the Determination (in accordance with s. 22.(1)(b) of Ontario Regulation 306/18). The Parties will receive an email once the certified Determination is available on ODACC’s Custom System. The certified Determination can be downloaded from the Determination page by clicking on the link that appears in the box called “Certified Determination” (as shown at Figure 6 above).

Certification Fee

Pursuant to ss. 22(1)(b) and 22(3)(b) of Ontario Regulation 306/18, ODACC will certify Determinations. The fee charged by ODACC for the certification (the “Certification Fee”) will be as follows:

  • $0 where the amount claimed in the Notice of Adjudication is less than $50,000; and
  • $100 (plus HST), where the amount claimed in the Notice of Adjudication is over or equal to $50,000.

Only one Certification Fee is payable for each Determination and the Parties to the adjudication will split the cost of the Certification Fee equally, unless the Adjudicator orders otherwise.  Every Party to the adjudication will receive a certified copy of the Determination.

There will be no additional cost for certifying Determinations that are amended pursuant to s. 22 of Ontario Regulation 306/18.

Correcting Determinations

Adjudicators can make changes to a Determination to correct typographical errors (or errors of a similar nature). Corrections to Determinations must be made no later than seven days following the making of a Determination.

If a Party would like to suggest a correction to the Adjudicator, that Party can message the Adjudicator through ODACC’s Custom System, as outlined under Sending Messages to the Adjudicator in Supporting Documents.

If a Determination is corrected, the corrected version will be made available on the Documents page of ODACC’s Custom System. For further information on the Documents page, please refer to the following link: Supporting Documents. ODACC will provide a certified copy of the corrected Determination within five days of the changes being made.

For further information on correcting Determinations, please refer to ss. 22.(2) and (3) of Ontario Regulation 306/18.

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