What is the legal test for arbitrator's jurisdiction in a dispute between two parties?
Ontario, Canada
The following excerpt is from Dicienzo v. McQuillan, 2007 CanLII 29657 (ON SC):
This is best-recognized where there is no overlapping jurisdiction remaining in the courts: …if the difference between the parties arises from the collective agreement, the claimant must proceed by arbitration and the courts have no power to entertain an action in respect of that dispute. (Weber v. Ontario Hydro, supra, para. 50)
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