What is the test for a judge to determine which forum is the proper forum to determine a dispute?
Ontario, Canada
The following excerpt is from Nanda v. McEwan, 2019 ONSC 125 (CanLII):
A judge must determine which forum – the courts or arbitration - is the proper forum to determine the dispute. It is one or the other: see Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 SCR 929.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors are considered in determining the appropriate forum for the trial of the action? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
What is the legal test for a judge to determine the appropriate amount of costs in a personal injury case? (Ontario, Canada)
What is the test for determining whether a judge has medical expertise? (Ontario, Canada)
What is the test for determining costs in a child protection case when the judge has not presided at all or any stage of the proceeding? (Ontario, Canada)
What is the test for a judge to determine the best interest of the child in a custody case? (Ontario, Canada)
Does a Deputy Judge erred in failing to find that the dispute was within the exclusive jurisdiction of the OLRB or the labour arbitrator? (Ontario, Canada)
When will a motion for recusal be heard and determined by the judge? (Ontario, Canada)
