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Alternative Dispute Resolution and Residential Construction Disputes

The Homeowner Protection Office, with the assistance of the Dispute Resolution Office of the Ministry of the Attorney General, has developed the Options for Resolving Residential Construction Disputes guide. This guide includes:

  • General information on negotiation, mediation, arbitration and litigation
  • Information on the Notice to Mediate (Residential Construction) Regulation (for any party of a residential construction dispute)
  • Mandatory mediation of warranty insurance disputes between homeowners and warranty insurance providers, and
  • A list of resources for more information on any of these topics.

Notice to Mediate Process

Resolving residential construction disputes can be a costly and time consuming process involving many parties. The HPO has worked with the Attorney General's Dispute Resolution Office to develop the Notice to Mediate (Residential Construction) Regulations for residential construction disputes.

These regulations permit any party in a residential construction dispute to compel the other parties to a structured mediated session. Mediation is often a more cost effective and rapid method for solving residential construction disputes when compared to the court system.

The process set out in the Notice to Mediate (Residential Construction) Regulation provides parties to residential construction disputes with an effective and less costly dispute resolution process.

The Notice to Mediate process can be used in any Supreme Court action involving a residential construction dispute, no matter when the action was commenced. However, delivery of the Notice to Mediate must take place no later than 180 days before the trial date.

Any party in a Supreme Court action involving a residential construction dispute can initiate mediation by delivering a Notice to Mediate form to every other party in the action and the Dispute Resolution Office in the Ministry of Justice.

All participants pay for mediation costs equally, unless all parties agree to other arrangements.

This process is performed independently of the Homeowner Protection Office.

More details are available:

Mandatory Mediation of Warranty Insurance Disputes

Under the Homeowner Protection Act, owners of homes covered by home warranty insurance (new homes or applicable building envelope renovations) can compel their warranty providers to amediation session. Homeowners do not have to commence legal action in order to initiate mandatory mediation with warranty providers.

This process is performed independently of the Homeowner Protection Office.

More details are available: