OSPE - The Voice - Fall 2020 - 36

INDUSTRY

names and addresses of the parties involved; the nature and a brief
description of the dispute, including details respecting how and
when it arose; the nature of the redress sought; and the name of
a proposed adjudicator to conduct the adjudication. The Notice
can also select from four pre-designed adjudication processes,
three of them being in writing only and the fourth requiring an
oral hearing by videoconference or teleconference. A Notice can
be prepared and submitted to ODACC by email or electronically
directly at ODACC's website. The fee is $0 for disputes under
$50,000 and $500 plus HST for disputes over $50,000. The cost
for the adjudication ranges from $800 plus HST for disputes under
$10,000 to an hourly rate of $750 for disputes over $1,000,000.
Day 1 - Appointment of Adjudicator: The respondent can agree
to accept the adjudicator recommended by the Applicant in the
Notice of Adjudication. If the respondent fails to respond within
4 days of receipt of the Notice of Adjudication, then ODACC shall
appoint the adjudicator. Once an adjudicator agrees to act or is
appointed by ODACC, the time for the process begins and this is
considered Day 1.
Day 5 - Claimant's Documents: The claimant must provide the
respondent and adjudicator with the contract/subcontract, the
disputed invoice and all supporting documents being relied on in
the adjudication by no later than Day 5. The supporting documents
may include written arguments, photographs, witness statements,
expert opinions and project documents.
Day 7 - Adjudicator's Directions: The adjudicator shall
communicate any additional steps of the process to the parties,
which could include issuing directions for the adjudication process,
conducting on-site inspections, obtaining the assistance of experts
and requiring witness evidence. Irrespective of the pre-designed
adjudication process selected, the adjudicator has the discretion to
use either a pre-designed process or customized process.

than Day 12. In addition, the respondent must provide the claimant
and the adjudicator with all supporting documents being relied
upon in the adjudication.
Optional Step: Day 18 or earlier - Oral Hearing: if required by
the adjudicator, the parties will make an oral presentation by
videoconference or teleconference.
Day 35 - Decision: the written decision is released to all parties.
The decision is interim binding on the parties until a Court or
arbitration orders differently or if the parties agree otherwise.
There is a certificate fee of $0 for disputes under $50,000 and $100
plus HST for disputes over $50,000.
Practical Considerations
* Accounting or bookkeeping staff will have to be trained on the
new rules;
* Project staff will have to be trained on the new rules as they
relate to notices of dispute and adjudication;
* Invoicing will have to be timely and may require a tickler
system;
* Invoices should have all characteristics of a proper invoice;
* Contracts will have to be amended for consistency with the
new rules;
* Contractors and subcontractors will have to be diligent in
securing invoices from those providing services or materials
to them that are to be included in a proper invoice;
* Payment efforts will have to be diligent as payment
certification of the proper invoice cannot be used to extend
the payment timeline unless it is a P3 project; and
* Due diligence and document collection will have to be
expedited as the form for dispute of a payment requires
reasons for non-payment and may be adjudicated in short
order.

Day 12 - Respondent's Notice of Adjudication: if a respondent's
Notice has not already been provided, it must be provided no later

This article is provided for information purposes only and does not constitute legal advice. For any questions or concerns, please contact
Corestone Law at info@corestone.ca.

THE VOICE Fall 2020

OSPE - The Voice - Fall 2020

Table of Contents for the Digital Edition of OSPE - The Voice - Fall 2020