Dispute Resolution Services
Expert Services International can provide dispute resolution services in Canada under federal and provincial arbitration statutes, prompt payment legislation and ADR Institute rules.
Canadian Dispute Resolution Practice
Dispute resolution in Canada is governed by the federal Commercial Arbitration Act and provincial arbitration statutes, with the BC Arbitration Act 2020 and Ontario Arbitration Act 1991 being notable examples. The Federal Prompt Payment for Construction Work Act 2023 and the Ontario Construction Act establish prompt payment and adjudication mechanisms for the construction industry.
Expert Services International can provide arbitration, adjudication, mediation, expert determination and dispute advisory services in Canada. The ADR Institute of Canada administers institutional arbitrations, and CCDC standard forms establish dispute resolution procedures for construction projects.
Canada is a common law jurisdiction (Quebec civil law for private matters). The federal Commercial Arbitration Act and provincial arbitration statutes provide the framework for arbitration, with significant recent developments in prompt payment legislation.
Commercial Arbitration
Canada adopted the UNCITRAL Model Law on International Commercial Arbitration in 1986, making it the first country in the world to implement this landmark legislation. The Federal Commercial Arbitration Act governs arbitration involving the federal government, its agencies or federal Crown corporations, or disputes concerning matters of exclusive federal jurisdiction such as maritime or admiralty matters. Each province and territory has enacted its own commercial arbitration legislation, with these provincial statutes implementing either the 1985 or 2006 versions of the UNCITRAL Model Law.
British Columbia's Arbitration Act 2020 represents a significant modernisation of domestic arbitration legislation in Canada. Effective from September 1, 2020, the Act aligns British Columbia's domestic arbitration framework with international standards set out in the UNCITRAL Model Law, advancing the objective of achieving greater uniformity in modern arbitration laws across Canada. Ontario's International Commercial Arbitration Act 2017 similarly implements the 2006 Model Law, whilst other provinces maintain legislation based on the 1985 Model Law. The ADR Institute of Canada has recently modernised its Arbitration Rules, effective from 1 March 2025, removing the distinction between international and non-international disputes and establishing an expedited and integrated challenge process that preserves the confidentiality fundamental to arbitration.
The International Chamber of Commerce maintains a significant presence in Canada through ICC Canada, the Canadian National Committee of the ICC, which operates an ICC Canada Arbitration Committee comprising members from law firms, corporations, academic institutions and independent practitioners. The Arbitration Committee organises conferences, seminars and educational events promoting ICC's dispute resolution services and the ICC International Court of Arbitration. ADRIC, the institutional rules promulgated by the ADR Institute of Canada, provide a comprehensive framework for commercial arbitration and have become increasingly relied upon by parties seeking to arbitrate disputes under Canadian rules and institutional administration.
Prompt Payment & Adjudication
The enactment of prompt payment and construction adjudication legislation has transformed the Canadian construction dispute resolution landscape. The federal Prompt Payment for Construction Work Act came into force in 2023, establishing mandatory payment timelines and adjudication procedures for federally funded construction projects. Ontario, Saskatchewan and Alberta were designated as exempt provinces from the federal legislation due to their comprehensive provincial frameworks, and British Columbia has recently enacted the Construction Prompt Payment Act, which received Royal Assent on 27 November 2025.
Ontario's Construction Act prompt payment regime, with major amendments taking effect on 1 January 2026, establishes that owners must provide written notice of non-conformity within seven days of receiving an invoice, deliver a notice of non-payment within fourteen days, or make payment within twenty-eight days. The amendments expanding adjudication, effective from 1 January 2026, extend adjudication beyond payment disputes to encompass broader contractual performance issues including the scope of work, changes in contract price and requests for extensions. Adjudication must be initiated within ninety days following the earlier of contract completion or abandonment, and parties may now utilise private adjudicators, not limited to those listed in the Ontario Dispute Adjudication for Construction Contracts registry, provided they are qualified by ODACC.
Alberta's Prompt Payment and Construction Lien Act, with major amendments taking effect on 1 April 2025, establishes payment deadlines of twenty-eight calendar days following receipt of a proper invoice. Significantly, the 2025 amendments expanded adjudication to apply after project completion and where arbitration or court action has been commenced. Saskatchewan's Builders' Lien (Prompt Payment) Amendment Act came into force on 1 March 2022 and established the Saskatchewan Construction Dispute Resolution Office as the official adjudication authority working with the ADR Institute of Saskatchewan to appoint trained independent adjudicators. British Columbia's new Construction Prompt Payment Act establishes standardised payment timelines anchored to proper invoicing protocols, with adjudicators issuing binding interim determinations within thirty days of receiving parties' responses, enforceable immediately, and work suspension rights available where payment is not made within fifteen days of adjudication.
Adjudication in all jurisdictions is designed as a rapid dispute resolution mechanism to maintain cash flow during construction. Adjudicators are not bound by the rules of evidence, and expert reports, measurements, test results and quality certificates are readily admissible. The adjudication process provides a mechanism for presenting technical evidence more rapidly than litigation or conventional arbitration, with determinations typically final and binding on an interim basis, subject only to limited rights of review or appeal.
Mediation
Mediation has become an established component of construction dispute resolution practice across Canada. The ADR Institute of Canada and its provincial chapters provide frameworks for mediation through published rules and directories of qualified mediators. The Canadian Construction Documents Committee's standard form CCDC 40 – Rules for Mediation and Arbitration of Construction Disputes establishes a dispute resolution cascade that reflects best practice in the construction industry, beginning with negotiation, proceeding to mediation under the supervision of a Project Mediator where appointed, and culminating in binding arbitration if the dispute is not resolved through earlier phases.
CCDC contract forms provide for appointment of a Project Mediator either within twenty working days after the contract is awarded or, if the parties neglect to make an appointment, within ten working days after either party requests that the mediator be appointed by notice in writing. Mediation under CCDC forms is conducted on a without-prejudice basis, meaning that the mediator's recommendation is not imposed upon either party. This structure has proven effective in encouraging parties to engage in genuine attempts at resolution before resorting to binding dispute resolution mechanisms, and mediation has become the preferred mechanism for addressing disputes arising during the course of construction contracts.
The ADR Institute of Canada provides mediation rules and maintains directories of qualified mediators across the country. Provincial chapters including the ADR Institute of Ontario have developed considerable experience in promoting mediation and establishing procedural frameworks that encourage rapid and effective resolution of construction disputes.
Expert Determination
Expert determination has become an increasingly important dispute resolution mechanism for construction disputes in Canada, particularly for disputes requiring specialised technical knowledge and suited to expedited resolution. Unlike arbitration, expert determination focuses on technical questions rather than broader contractual disputes, and the expert's role is to apply their specialist knowledge to resolve a specific issue rather than to adjudicate a dispute between parties.
Expert determination is frequently incorporated in CCDC form contracts, particularly the CCDC 2 – 2020 Stipulated Price Contract, which contains provisions allowing parties to refer specific technical disputes to an expert for determination. The framework for expert determination distinguishes it from arbitration by limiting the expert's role to matters within their specialised field and by recognising that the expert's decision, whilst binding, is more limited in scope than an arbitral award. Expert determination is particularly suited to valuation disputes, quantum issues arising from changed conditions or variations, technical assessments of quality and compliance with specifications, and other disputes requiring specialist expertise rather than broader contractual interpretation.
The growing adoption of expert determination in Canadian construction practice reflects recognition that rapid resolution of technical disputes reduces project delay and promotes practical completion. Expert determination proceedings are more flexible than arbitration, can be conducted more quickly, typically involve lower costs, and allow parties to select experts with specific technical expertise relevant to the dispute in question.
Contemporary Issues
Canadian dispute resolution practice has experienced significant developments in 2025 and early 2026. The ADR Institute of Canada has modernised the ADRIC Arbitration Rules, effective from 1 March 2025, removing the former distinction between international and non-international disputes and establishing an expedited and integrated arbitrator challenge process. These updated rules reflect evolving international best practice and enhance the availability of institutional arbitration for parties seeking Canadian dispute resolution forums.
The expansion of prompt payment and adjudication legislation across Canadian provinces continues to reshape construction dispute resolution. Ontario's major amendments to the Construction Act effective from 1 January 2026 have expanded adjudication beyond payment disputes to encompass contractual performance issues, introduce the ability of parties to appoint private adjudicators, and mandate annual holdback release by owners. Alberta's 2025 amendments to the Prompt Payment and Construction Lien Act have extended adjudication to apply after project completion and where court or arbitration proceedings have been commenced. British Columbia's newly enacted Construction Prompt Payment Act, receiving Royal Assent on 27 November 2025, establishes a modern framework intended to align with prompt payment legislation in other major Canadian provinces.
These recent developments reflect a sustained Canadian commitment to ensuring fair dealing, maintaining cash flow throughout the construction supply chain and providing rapid dispute resolution mechanisms capable of keeping disputes from impeding project progress. The evolution of Canadian arbitration rules in parallel with the expansion of prompt payment adjudication creates a comprehensive framework of dispute resolution options proportionate to the nature and urgency of the dispute in question.
Canadian Dispute Resolution Practice
Expert Services International provides dispute resolution services across all Canadian provinces and territories. Led by Neil Kirkpatrick, a quantity surveyor and chartered arbitrator with experience in construction and infrastructure disputes, the practice combines technical expertise in commercial arbitration, mediation, expert determination and prompt payment adjudication with knowledge of Canadian procedural frameworks and statutory requirements.
Whether the dispute is proceeding in commercial arbitration under ADRIC or ICC rules, prompt payment adjudication under provincial or federal legislation, mediation pursuant to CCDC or ADR Institute frameworks, or expert determination, our team understands the specific requirements and procedural rules applicable to each mechanism. We administer arbitrations as arbitrators, preside over mediation and conciliation, conduct expert determinations, determine adjudication claims as adjudicators, and provide expert evidence and analysis in all dispute resolution forums.
Our Expertise
Expert Services International can provide dispute resolution services to parties involved in construction and infrastructure disputes. Our services include acting as arbitrator, expert determiner and mediator. We also provide expert witness reports and testimony addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off.
We prepare claims submissions, expert reports and advocacy for use in arbitration, expert determination, mediation and dispute board proceedings. We can assist parties with the preparation and presentation of claims and defences across all forms of dispute resolution.
Service Scope
Acting as arbitrator in domestic and international arbitration proceedings. We manage all aspects of arbitral procedure, conduct efficient hearings and deliver reasoned awards addressing the issues in dispute in accordance with applicable law and the parties' contractual framework.
Acting as expert determiner under contractual expert determination clauses and institutional rules. Expert determination provides a binding resolution of technical and valuation disputes by a suitably qualified professional, typically within a shorter timeframe than arbitration or litigation.
Preparation of expert reports addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off. We provide expert testimony in arbitration, court proceedings, mediation and expert determination proceedings.
Acting as mediator and providing mediation services to assist parties in reaching a negotiated resolution of disputes. We facilitate structured discussions, assist in identifying common ground and help parties achieve settlement without the need for formal adjudication.
Acting as dispute board member, chairperson or single neutral on major infrastructure projects. Dispute boards provide a standing mechanism for the rapid resolution of disputes during project execution, maintaining familiarity with the project throughout its duration.
Preparation of claims submissions and expert analysis for use in arbitration, expert determination, mediation and dispute board proceedings. We assist parties with the preparation and presentation of claims and defences addressing quantum, delay, disruption and contractual matters.
