How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court?

Ontario, Canada


The following excerpt is from 678400 Ontario Inc. v. Roehampton Apartments Limited, 2006 CanLII 42250 (ON SC):

In 407 ET Concession Code v. Ontario, [2004] O.J. No. 4516, Cullity J. acted on these principles in requiring certain issues to be decided by the arbitrator rather than the court. The issues required a factual determination that could not be decided on the basis of the evidence before him.

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