Definitions of Frequently Used Terms

Act” means the Ontario Construction Act, R.S.O. 1990, c. C.30, as amended.

Adjudicator” means an individual holding a Certificate.

Adjudicator Registry” means the directory of Adjudicators maintained by ODACC.

Authority” or “ANA” means the Authorized Nominating Authority under the Act, operating as the Ontario Dispute Adjudication for Construction Contracts (“ODACC”).

Certificate” means the certificate of qualification to adjudicate issued to an individual by ODACC after the individual has met the eligibility and training requirements as set out by ODACC, the Act and the Regulations, has completed the adjudicator evaluation, and has been approved by ODACC to be granted a Certificate.

Claimant” means a Party to a contract or subcontract who refers a dispute to adjudication by giving a Notice of Adjudication to another Party.

Code” means the ODACC Adjudicators’ Code of Conduct.

Confidential Information” means any information in the possession of an Adjudicator or acquired by the Adjudicator in the course of or for the purposes of the adjudication process, whether or not it is identified as confidential, and whether recorded or not, and however fixed, stored, expressed or embodied, including, but not limited to, the names and contact information of the parties, the facts of the dispute, and information relating to the dispute. Confidential information does not include information that is otherwise publicly available.

Conflict of Interest” means a situation where an Adjudicator has a real or perceived interest, pecuniary or non-pecuniary, direct or indirect, sufficient to appear to influence the objective exercise of the Adjudicator’s duties. Conflicts of Interests include prior or current connections to the parties, perceived or actual, and prior or current involvement in the matter. A real or perceived interest of an Adjudicator’s spouse, child, parent, or other close relative or person who is closely connected with the Adjudicator is considered the equivalent of an Adjudicator’s interest for the purpose of this definition.

Consolidated Adjudication” means an adjudication in which disputes regarding the same matter or related matters are adjudicated together by a single Adjudicator.

Contractor” means a person contracting with or employed directly by the owner or an agent of the owner to supply services or materials to an Improvement, and includes a joint venture entered into for the purposes of an Improvement or Improvements.

Determination” is the Adjudicator’s written award.

“Fees” are defined in the Schedule of Fees.

Harassment” includes, but is not limited to, engaging in a course of vexatious or unwanted comment or conduct that is known or ought reasonably to be known to be unwanted.

Improvement” means, in respect of any land,

  • any alteration, addition or capital repair to the land,
  • any construction, erection or installation on the land, including the installation of industrial, mechanical, electrical or other equipment on the land or on any building, structure or works on the land that is essential to the normal or intended use of the land, building, structure or works, or
  • the complete or partial demolition or removal of any building, structure or works on the Land.

Land” means any building, structure or works affixed to the land, or an appurtenance to any of them, but does not include the Improvement.

Losses” mean liabilities, costs, damages and expenses (including legal, expert and consulting fees).

Notice of Adjudication” means the notice from a Claimant informing a Respondent that a dispute is to be referred to adjudication.

ODACC” means Ontario Dispute Adjudication for Construction Contracts and is the ANA for the purposes of the Act.

ODACC Custom System” means the technology platform used by ODACC to provide ODACC services pursuant to the Act and Regulations.

ODACC Determination Guidelines” are the directions issued by ODACC for the writing of Determinations for adjudications with the purpose of establishing clarity and consistency.

Owner” means any person, including the Crown, having an interest in a premises at whose request and,

  • upon whose credit, or
  • on whose behalf, or
  • with whose privity or consent, or
  • for whose direct benefit

an Improvement is made to the premises, but does not include a home buyer.

Page” means a sheet of letter-sized paper using 12-point font, double-spaced, with normal margins, containing either written text or up to four photographs, or a combination of written text and photographs.

Party” means the Claimant or the Respondent in an adjudication proceeding.

Parties” mean the Claimant and the Respondent in an adjudication proceeding.

Pre-designed Adjudication Processes” are the suite of pre-designed adjudication processes, each with a set of predefined adjudication rules to be followed during the adjudication process if so ordered by the Adjudicator.

Regulations” means all Regulations promulgated under the Act.

Representative” means legal counsel for, or an authorized representative of, a Party.

Respondent” means a Party to a contract or subcontract who receives a Notice of Adjudication from a Claimant.

Social Media” means publicly available, third party hosted, interactive web technologies used to produce, post and interact through text, images, video and audio to inform, share, promote, collaborate or network.

Subcontractor” means a person not contracting with or employed directly by the owner or an agent of the owner, but who supplies services or materials to the Improvement under an agreement with the Contractor or under the Contractor with another Subcontractor and includes a joint venture entered into for the purposes of an Improvement or Improvements.

Where appropriate, words importing the singular include the plural.

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