The applicant subcontractor sought judicial review of an adjudicator's determination under the Construction Act dismissing its claim for unpaid invoices.
The adjudicator had dismissed the claim on the basis that the contractor's invoices to the owner were not 'proper invoices', an issue neither party had raised or made submissions on.
The Divisional Court held that deciding the case on an unraised issue without allowing submissions was a breach of procedural fairness.
The application was allowed and the matter remitted to the adjudicator.
