Legal Blog

Adjudication

Anatolia Tile & Stone Inc. v. Flow-Rite Inc. 2023 Ont SCJ (Div Ct)

Losing party to an adjudication applied for leave to bring an application for judicial review. The court set out the test for leave. The applicant must show either (i) good reason to doubt that the adjudicator’s decision was reasonable or (ii) good reason to believe that the process the adjudicator followed was sufficiently unfair that it probably affected the decision rendered and either (iii) the unreasonableness or procedural unfairness cannot be remedied in other litigation or arbitration between the parties or (iv) the application raises issues of principle that transcend the interests of the parties and should be settled by the court. In this case, the court refused leave without giving reasons.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.