Written by: Sara Bahadori
Ontario’s adjudication process for construction dispute resolution—administered by the Ontario Dispute Adjudication for Construction Contracts (ODACC)—has marked a significant shift in resolving payment and performance issues in the construction industry. Introduced as the first adjudication system of its kind in Canada, ODACC was designed to provide a quick, interim dispute resolution tool that allows construction projects to continue without being derailed by conflict between the parties.
As of 2025, the rules governing this process are undergoing important changes. Here are six key developments in Ontario to be aware of:
1. Expiry of Adjudication Rights: Clearer Deadlines
Previously, the right to refer a matter to adjudication expired upon “completion” of the construction contract. This led to procedural disputes over what exactly constituted “completion.” The updated rules now provide greater clarity:
- A party has 90 days to initiate adjudication from the earliest of the following events:
- Completion of the contract,
- Abandonment, or
- Termination of the contract.
- For subcontracts, the 90-day timeline also begins on the:
- Date the subcontract is certified as complete, or
- Last date the subcontractor provided services or materials.
2. Jurisdictional Challenges: New Timing Requirements
If a party intends to raise a jurisdictional objection, it must now do so immediately upon becoming aware of the issue. The amendments also make it clear that it is the adjudicator’s responsibility to determine whether they have jurisdiction to decide a dispute.
3. Public Access to Adjudication Decisions
Adjudication decisions issued through ODACC will now be made publicly available, with identifying information removed. This is a significant development as previously, decisions were not published, making it difficult for parties and counsel to anticipate how similar issues might be resolved. These decisions can now serve as informal precedents and offer guidance when preparing for adjudication.
4. Consolidation of Multiple Adjudications
The revised rules allow multiple disputes under the same contract to be combined into a single adjudication. Additionally, disputes under separate but related contracts (e.g., subcontracts on the same project) can be referred to the same adjudication, provided they relate to the same “improvement” and any regulatory conditions are met. This development will help reduce duplication of process, especially where multiple claims arise from the same project circumstance.
5. Private Adjudicator Appointments
The revised rules confirm that parties may agree to appoint adjudicators not listed on ODACC’s official registry. However, such appointments are still subject to two conditions:
- The adjudicator must be qualified by ODACC, and
- Both parties must consent to the appointment.
This clarification gives parties more autonomy in choosing a decision-maker, though its practical use may be limited by mutual agreement requirements.
6. Corrections to Determinations Expanded
Adjudicators now have a five-day window to correct their determinations—not only for clerical errors, but also for substantive issues. This provides a narrow opportunity to fix errors or omissions before the determination becomes final.
Conclusion
Ontario’s adjudication regime is maturing, and these 2025 changes reflect the province’s commitment to refining a system that balances efficiency, fairness, and flexibility. For those involved in construction projects—whether on the legal, financial, or operational side—understanding these updates is essential for navigating disputes effectively.
