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When the Adjudicator communicates the adjudication process to the Parties, the Adjudicator will specify the supporting documents (and number of pages) that each Party may submit to the Adjudicator for consideration.
How to Submit Supporting Documents
The Claimant and the Respondent must send their documents to the Adjudicator through the “Documents” page on ODACC’s Custom System, a screenshot of which is found below (at Figure 4). The Claimant, Respondent, Adjudicator, and all individuals who have access to the adjudication will be able to view the documents uploaded on the Documents page. After a Party uploads a document, the other Party and the Adjudicator will receive an email advising them that a new document has been uploaded on ODACC’s Custom System.
FAQ: When will documents be deemed to have been uploaded on ODACC’s Custom System?
Where a document is uploaded on ODACC’s Custom System between midnight and 3:59 pm (EST) on a business day, the document will be deemed to have been uploaded on that day. Where a document is uploaded on ODACC’s Custom System between 4:00 p.m. and midnight (EST) or on a weekend or statutory holiday, it will be deemed to have been uploaded on the following business day.
FAQ: Why can’t I see the “Documents” tab on ODACC’s Custom System?
The Documents tab will not be visible until an Adjudicator consents to conduct the adjudication.
FAQ: Can documents be deleted after they have been uploaded on ODACC’s Custom System?
No. Documents cannot be deleted after they have been uploaded on ODACC’s Custom System.
Due Dates for Supporting Documents
The Claimant’s supporting documents are due within five days of the appointment of the Adjudicator (s. 13.11 of the Construction Act). The Adjudicator will write a Determination within thirty days from the day the Claimant submits its documents (s.13.13(1) of the Construction Act).
The Adjudicator will notify the Respondent as to when it must submit its supporting documents.
Section 17 of Ontario Regulation 306/18 (the “Regulations”) set out the manner in which a Respondent may respond to the Notice of Adjudication:
17.(1) A party responding to a notice of adjudication shall provide copies of the response to the adjudicator, to the party who gave the notice of adjudication and, in the case of a consolidated adjudication, to every other party.
(2) Unless the adjudicator directs otherwise, the copies required to be provided to the adjudicator or a party under subsection (1) shall be served on the adjudicator or party in a manner permitted under the rules of court for service of a document other than an originating process. O. Reg. 109/19, s. 9.
(3) The response shall be provided no later than such day as the adjudicator may specify, but must be provided to the adjudicator and every other party on the same day.
The Respondent must provide the Response to the Adjudicator and the Parties in accordance with the Regulations. The Respondent must submit all of its supporting documents on ODACC’s Custom System within the timeline agreed upon by the Parties and the Adjudicator.
Sending Messages to the Adjudicator and ODACC
ODACC’s Custom System contains a “Messages” page (see Figure 5 below) that allows the Parties, Representatives, the Adjudicator, and ODACC to message one another. If a message is sent through ODACC’s Custom System, everyone who can access the adjudication will be able to view the message. After a message is sent through ODACC’s Custom System, an email will be sent to all individuals who have access to the adjudication, advising that a new message is available on ODACC’s Custom System.
If the Parties wish to communicate in private, they should do so outside of ODACC’s Custom System. Please note that all messages to the Adjudicator should be copied to all parties as it is not appropriate for a Party to send a private message to the Adjudicator.
FAQ: If the Respondent has not responded to the Notice of Adjudication, will he or she receive an email after a new message is sent through ODACC’s Custom System?
Yes. If the Respondent has not responded to the Notice of Adjudication, the Respondent will receive an email from email@example.com after a new message is sent through ODACC’s Custom System. The email will contain the subject line of the message. The body of the email will direct the Respondent to ODACC’s Custom System to view the message.