Legal Blog:

Adjudication Awards

We are getting more and more court decisions regarding adjudication awards. Although the courts could have narrowly interpreted the adjudication and prompt payment provisions of the Construction Act, they have not. Courts have been loath to substitute their opinions for those of the adjudicators. They have confined themselves to the narrow remedies set out in the Act, acting only if an adjudicator’s decision is absurd. They also have done their best to ensure that the awards of adjudicators are paid. We base these conclusions, in part, on the following trilogy of cases: MGW Homes Design Inv v. Pasqualino, a 2024 decision of the Divisional Court, Integricon Construction Inc. v. Steven, a 2025 decision of the Ontario Superior Court of Justice, and Jamrik v. 2688126 Ont. Inc., a 2024 decision of the Ontario Superior Court of Justice (Divisional Court).

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