Consolidation
What is Consolidation?
Consolidation is the joining of two or more adjudications into one adjudication. Features of consolidated adjudications may include:
multiple Parties;
a single Adjudicator; and
the adjudication of related disputes that are the subject of separate adjudications.
Pursuant to section 30 of the Prompt Payment and Adjudication Regulation, a Party involved in more than one adjudication may request the Adjudicator conducting the first adjudication for consolidation of all adjudications in progress into one adjudication. A Party can make the request by completing a Request to Consolidate Form and providing it to the Adjudicator with a copy to ADACC by email at authority@adacc.ca.
A fillable PDF version of the Request to Consolidate form can be found here: Request to Consolidate Form.
No consolidation of adjudications is permitted if more than five calendar days have passed since any of the Adjudicators has provided notice that they have received all documents and information required to make a determination.
If the Adjudicator in receipt of a Request to Consolidate is satisfied that all adjudications in progress are sufficiently related and appropriate for consolidation, the Adjudicator shall notify the Parties and ADACC that the adjudications should be consolidated.
ADACC will then consolidate the adjudications and appoint the notifying Adjudicator or appoint a new Adjudicator. ADACC will notify the affected Parties and Adjudicators. Any Adjudicator who is not appointed to the consolidated adjudication must resign.
A consolidated adjudication is treated as a new adjudication
After an Adjudicator is appointed to the consolidated adjudication, the Adjudicator will contact the Parties to set the adjudication process.
FAQ: Will ADACC collect retainers for consolidated adjudications?
Yes. ADACC will collect a deposit (the “Retainer”) at the beginning of the consolidated adjudication to cover the expected adjudication costs, as described at Fees, Retainers and Payments. If the Adjudicator believes that an equal division of the retainer among the Parties would not be appropriate for a consolidated adjudication, the Adjudicator may decide to apportion the Retainer in a manner that they determines is appropriate.
