Frequently Asked Questions
To start an adjudication, the Claimant must provide the Respondent with a Notice of Adjudication (and send an electronic copy of the Notice of Adjudication to ODACC). For information on how to commence an adjudication, please refer to Commencing an Adjudication.
To respond to a Notice of Adjudication, the Respondent must create an account on ODACC’s Custom System. After creating an account, the Respondent will be able to complete a Response to Notice of Adjudication. For information on how to respond to a Notice of Adjudication, please refer to Response to Notice of Adjudication.
No. ODACC will not administratively decide whether a dispute may properly be referred to adjudication. A Claimant may commence an adjudication, and, as part of the adjudication process, request that the Adjudicator determine whether ODACC has jurisdiction to decide the issue. A Respondent may also ask an Adjudicator to decide whether ODACC has jurisdiction to decide the issue.
The cost of an adjudication will vary. After an Adjudicator consents to adjudicate a dispute, the Adjudicator will contact the Parties to negotiate the Adjudication Fee. The Adjudication Fee may consist of a flat fee, or an hourly rate times the number of hours spent by the Adjudicator, plus disbursements and taxes. If the Adjudicator and the Parties cannot agree on an Adjudication Fee, the Adjudicator may ask ODACC to set the fee. ODACC will set the fee in accordance with the Schedule of Fees approved by the Attorney General for Ontario. An Adjudication Referral Fee and Certification Fee might also apply, as set out in the Schedule of Fees. For further information on fees, please refer to the Schedule of Fees and Fees, Retainers and Payments.
No. A lawyer is permitted but not required for ODACC adjudications.
Please refer to the Certification Process section of ODACC’s website for instructions on how to become an Adjudicator.
For information on how to select an Adjudicator, please refer to Selecting an Adjudicator.
To contact an Adjudicator, log in to ODACC’s Custom System and send a message through the “Messages” page. For further instructions on how to message the Adjudicator, please refer to Sending Messages to the Adjudicator.
The Adjudicator will conduct the adjudication in the manner the Adjudicator determines appropriate, in accordance with s. 13.12(4) of the Construction Act. Some adjudications may include a hearing by videoconference, some may require an in-person hearing, some may require site visits, and some may be in-writing only. For further information about the adjudication process, please refer to Adjudication Process.