In this matter, Sierra successfully obtained a determination in its favour in an adjudication under the Construction Act.  Accurate brought a motion for leave to apply for judicial review on, the basis that the determination was, at least in part, “made as a result of fraud”, under s.13.18 of the Act (which allows for judicial review on only limited grounds).  Accurate argued that the civil standard of fraud (which can include intentional misrepresentations) should apply, such that a determination can be set aside where a party merely alleges that another spoke a non-truth such that the adjudicator came to a wrong conclusion.  It also argues that it need not pay the disputed amount pending the outcome of the motion.

In an interim hearing, the Court required  Accurate to pay the disputed amount into Court pending a ruling on the motion by the Divisional Court. It then dismissed the motion for judicial review based on alleged civil fraud.