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Adjudicate, Lien, or Both? Strategic Pathways in Ontario’s Evolving Regime

March 13, 2026 | Sarah Naughton, Soloway Wright LLP

Adjudication under the Construction Act, R.S.O. 1990, c. C.30, is now a well-established mechanism for resolving disputes. Recent legislative changes, however, have reshaped how it is used, requiring practitioners and parties to consider not only the procedural timing and jurisdictional scope of adjudication, but also how it interacts with lien claims and trust remedies. Case planning must account for timing, scope, enforcement, and cost, particularly when multiple invoices remain unpaid or when disputes involve multiple issues. In choosing a procedural direction, practitioners must now decide not simply whether to adjudicate, but whether adjudication should complement or replace lien and trust litigation.

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