Experience is being gained with the adjudication process introduced to Ontario in 2019. Determining the correct route for vacating a writ of enforcement issued in connection with an adjudicator’s determination is yet another new wrinkle to be resolved.
However, Pasqualino did not pay. Instead, he sought leave for judicial review of the determination. This was denied by the Superior Court. Pasqualino leapt on this and was successful with a motion that MGW’s “failure to give notice of filing the adjudicator’s determination with the court was fatal to the writ.”
The Court disagreed with Pasqualino. It wrote his proposed interpretation of two cited portions of the act were not only contrary to previous case law but would undermine the purpose of efficiency, which is the goal of the new adjudication process. Therefore, Divisional Court was ruled the correct route for appeal.First, this chapter of the MGW-Pasqualino story came about due to the matter of notice.
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