Guarantee Plan
For New Residential Buildings
When the parties have received an unsatisfactory decision from the plan manager and mediation is not an option or has failed, they may go to arbitration.
Unlike mediation, the arbitration process is governed by rules of procedure and deadlines that must be respected by all parties involved. After hearing the evidence and arguments of the parties, the arbitrator hands down a decision. It is binding, final and without appeal. See the Steps page for full details.
See other arbitration decisions
Have you considered consulting past decisions by arbitrators on the topic underlying your dispute, or decisions concerning your contractor?
In certain situations, it is possible to withdraw your request for arbitration. Please consult the guide – PDF (132 KB) [Fr] – PDF (132 KB) and contact the arbitration body.
Note that if you withdraw your request, you could lose your right to recourse once the 30-day period following receipt of the plan manager’s decision has elapsed.
To preserve the right to arbitration, the arbitrator can be asked to adjourn the process. This will allow the arbitration applicant to ensure the agreement is complied with before formally withdrawing from the arbitration. If the agreement is not fulfilled, the arbitration may resume.
If the other party or the plan manager does not comply with the arbitrator’s decision, a motion must be filed with the Court of Québec or the Superior Court, depending on the amount in dispute, to have the decision ratified by a judge. It will then have full effect and will be enforceable. In principle, this is a mere formality, and there is no need to repeat the arguments presented to the arbitrator. The applicant can then take steps to have the decision enforced.
