Adjudication is an integral part of Ontario's new prompt payment scheme requiring parties to resolve payment disputes in "real time".
The statutory adjudication regime takes a "360" degree view of payment disputes, providing a statutory minimum scheme, a body with authority to provide trained adjudicators, and a well-crafted process designed to provide parties to a payment dispute with an informed, but summary determination that is binding until displaced by a more formal process. This allows cash to flow, and work to proceed without restricting access to justice.
Adjudicators under the Ontario plan are given jurisdiction to organize the adjudication and to inquire into the merits of the dispute.
This process has proven to be of great benefit to the construction industry globally in all jurisdictions in which it has been implemented.
“Less working capital should be diverted into unproductive dispute resolution across the country, and Ontario's adjudication scheme is a solid step in that direction.”
- Duncan Glaholt & Markus Rotterdam, 2017 -
Duncan Glaholt has been at the forefront of the statutory adjudication initiative in Ontario since early 2004, and has spoken and written on statutory adjudication here in Canada, in the U.S. and in the U.K.
As a senior and internationally respected construction lawyer, Duncan is well-experienced in the inquisitorial aspects of Ontario's new adjudication regime.