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Ontario Divisional Court dismisses application for judicial review of adjudicator’s determination

Canada - April 29 2022 The Ontario Divisional Court recently released a decision on an application for judicial review of an adjudicator’s determination under the prompt…

Lia Bruschetta

Prompt payment movement hits Canadian construction and infrastructure sector

Canada - December 12 2019 Prompt payment and mandatory adjudication legislation is being enacted across Canada in an effort to alleviate perceived payment delays down the…

Yan A. Besner, Roger Gillott, Paula Olexiuk, Jagriti Singh, Richard Wong

Becoming an adjudicator under the Ontario Construction Act

Canada - September 13 2019 The Authorized Nominating Authority under the Ontario Construction Act is now Ontario Dispute Adjudication for Construction Contracts…

Roger Gillott, Jagriti Singh

Adjudication Authority selected

Canada - July 31 2019 The new Construction Act introduces an interim dispute resolution mechanism known as adjudication as one of its key reforms…

Roger Gillott, Jagriti Singh, Richard Wong

SCC eliminates doctrine of fundamental breach in contract law; Tercon decision strongly endorses upholding exclusion of liability clauses absent proof of an “overriding” public policy to the contrary

Canada - February 16 2010 In a procurement decision that will have a wide-ranging and significant impact on all types of contractual disputes, the Supreme Court of Canada (SCC) has "laid to rest" the doctrine of fundamental breach in Canadian contract law.

Mark A. Gelowitz, Roger Gillott, Ian Matthews