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Leave for judicial review of construction adjudication denied; concurrent lien proceedings do not preclude adjudication.
The appellant sought leave to bring an application for judicial review of an adjudicator's interim determination under the Construction Act, which ordered him to pay the respondent contractor $119,314.
The appellant argued the adjudicator lacked jurisdiction because the contract had been abandoned and thus 'ceased to exist', and because a lien had already been registered and bonded off.
The Divisional Court dismissed the motion, holding that jurisdictional challenges must be raised before the adjudicator first, an abandoned contract does not cease to exist, and the Act expressly permits concurrent adjudication and lien proceedings.
Leave for judicial review of construction adjudication denied; terminated contracts do not 'cease to exist'.
The applicant sought leave to bring an application for judicial review of an adjudicator's interim determination under the Construction Act, which ordered him to pay the respondent contractor $119,314.
The applicant argued the adjudicator lacked jurisdiction because the contract had been terminated and thus 'ceased to exist', and that the adjudication conflicted with an existing lien action where security had been posted.
The Superior Court of Justice dismissed the motion, finding that a terminated contract does not 'cease to exist' for the purposes of the Act, the jurisdictional issue was not raised before the adjudicator, and the Act expressly permits concurrent adjudication and lien proceedings.
