In what circumstances will a statutory process be used to challenge a claim made by a plaintiff?

Ontario, Canada


The following excerpt is from Toronto Star Newspapers Ltd. v. Canada, 2005 CanLII 47736 (ON SC):

In terms of the second reason, I do not agree that the creation of a statutory process must necessarily lead to the conclusion that it was intended to be the preferred route for any challenge, especially in this context. I also do not agree that this situation is analogous to cases, such as Harelkin v. University of Regina, 1979 CanLII 18 (SCC), [1979] 2 S.C.R. 561, where it was held that parties to a dispute ought to utilize specialized avenues of relief before having recourse to the courts. In this case, one court or the other is going to be called on to deal with the issue and neither one or the other can be seen to be more or less advantageous in terms of either the expense to the parties or the expediency by which the necessary determination can be made.

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