Legal Blog

Judicial Review of Adjudicator’s Decision

Sayers v. Gay Co.  2026 ONSC918 (Div Ct)

Owner sought judicial review of an adjudicator’s prompt payment determination requiring interim payment to contractor, asserting jurisdictional error, procedural unfairness, fraud, improper treatment of delay and set‑off claims, and bias. The court rejected each ground, holding that the adjudicator reasonably applied the Construction Act and the parties’ written contract, which did not provide contractual entitlement to withhold payment for delay. The court emphasized that prompt payment adjudication is intended to ensure the immediate flow of funds despite unresolved disputes, and that complexity or alleged prejudice does not defeat the statutory scheme. As no reviewable error was established under the limited grounds in the Act, the court dismissed the application.

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