04/30/2026
In Sayers Foods v. Gay Company, 2026 ONSC 918, the Ontario Divisional Court rejected every ground of judicial review raised under s. 13.18(5). The decision reinforces that adjudication isn't an interlocutory injunction, that honest advocacy isn't fraud, that procedural fairness needs both a statutory breach and actual prejudice, and that payment into court is not a default.
We were fortunate to act for the successful respondent on the application.
In his latest blog post, Panin walks through the Court's reasoning and what each finding means for owners and contractors weighing a judicial review of a determination.
https://tinyurl.com/ms5mypzp