What is the test for an arbitration clause in an employment contract?

Ontario, Canada


The following excerpt is from Weiss v. Lewis, 2008 CanLII 76132 (ON SC):

I find the logic outlined by Sharpe J. (as he then was) to be compelling. The statute gives the arbitrator explicit authority to determine his or her own jurisdiction, “even where the validity or existence of the agreement containing the arbitration clause is contested” (per Sharpe J. in Ontario v. Abilities, supra, at para. 39).

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