What is the test to prove that a claim is not in respect of a matter agreed to be submitted to arbitration?

British Columbia, Canada


The following excerpt is from Goel v. Dhaliwal, 2015 BCSC 2305 (CanLII):

The onus rests on the party commencing the claim to show it is not in respect of a matter agreed to be submitted to arbitration: see Range v. Bremner, 2003 BCSC 2038 at para. 27.

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