In what circumstances will a court decline jurisdiction in a personal injury claim?
Ontario, Canada
The following excerpt is from Kleckner v. Canada (Attorney General), 2014 ONSC 322 (CanLII):
Mosley J. referred to Vaughan v. Canada, cited earlier in these reasons, which held that regard must be had to the facts giving rise to the dispute rather than the legal characterization of the wrong to determine whether there is an adequate alternative remedy. In all but the most unusual circumstances, the court should decline jurisdiction and defer to statutory grievance schemes.
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