
Legal Blog
Adjudication
Pasqualino v. MGW-Homes Design Inc. 2022 Ont SCJ
Contractor registered a lien for $169,000, owner vacated it by posting money as security, and then contractor commenced an adjudication. The adjudicator ruled that owner pay the contractor $119,000. The owner balked. He argued that the contact had been terminated because the contractor registered a lien and therefore the adjudicator had no jurisdiction. The judge dismissed the appeal because (i) the owner did not argue jurisdiction before the adjudicator; (ii) a simple allegation of termination or abandonment would allow an owner to gut the adjudication provisions; and (iii) the owner would not be paying twice because he could obtain an order reducing the security that he posted to vacate the lien.
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Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices. |