What is the test for removing jurisdiction from the jurisdiction of a court?
Ontario, Canada
The following excerpt is from Villeneuve v. Korjus, 2004 CanLII 882 (ON SC):
The defendant, therefore, relies heavily on Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929 for the proposition that where there are statutory provisions that create a mechanism for the resolution of disputes, and that mechanism is invoked voluntarily by the complainant, the jurisdiction of the court is ousted where the dispute in its essential character falls within the intent of the legislative scheme.
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