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Tribunal Jurisdiction and Access to Courts


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JoshHarko
  • Law Student
Posted

Hello everyone,

I am currently writing a seminar paper on civil procedure and the role of tribunals in dispute resolution. One of the key questions I am exploring is the extent to which individuals are obligated to use a tribunal if their legal issue falls under its jurisdiction - does in that case a tribunal has exclusive jurisdiction?

So far, I have not been able to find a clear answer as to whether it is the citizen's right to choose between filing in a tribunal or a court, or if the law mandates that the matter must first be brought before the tribunal.

 

thank you!

easttowest
  • Lawyer
Posted

Try googling “adequate alternative remedies”. 

  • Like 1
Ghalm
  • Lawyer
Posted (edited)

My practice occasionally deals with administrative law and I'd say it probably depends on the specific statutory regime that creates the tribunal. You should research some regimes and see if there are exclusivity provisions or not and in what circumstances a party can apply to a court for determination of a given issue. You likely won't find a general answer applicable to all regimes. 

Edited by Ghalm
Pathos
  • Articling Student
Posted
On 1/16/2025 at 11:02 AM, JoshHarko said:

I have not been able to find a clear answer as to whether it is the citizen's right to choose between filing in a tribunal or a court, or if the law mandates that the matter must first be brought before the tribunal.

It likely depends on whether the jurisdiction of the tribunal can be said to be either concurrent or exclusive. Certain instances where there is a choice may be defined by case law, and the statutory interpretation therein. As an example, Ontario's Residential Tenancies Act s.168(2) would seemingly reserve exclusive jurisdiction for the Landlord and Tenant Board to deal with Landlord and Tenant matters. There are, however, a number of cases which have indicated that in certain circumstances the general courts may hold jurisdiction. Generally speaking, how far the jurisdictional ruler "bends" seems to be a matter more of skillful advocacy than prima facie statutory language. 

A really great discussion can be found in Jack Flemings' "Residential Tenancies in Ontario" [Third edition] pgs. 24-40 that engages pretty thoroughly with the jurisdiction of the LTB. It seems right up your alley. 

  • Like 1
Bob Jones
  • Lawyer
Posted
On 1/16/2025 at 11:02 AM, JoshHarko said:

Hello everyone,

I am currently writing a seminar paper on civil procedure and the role of tribunals in dispute resolution. One of the key questions I am exploring is the extent to which individuals are obligated to use a tribunal if their legal issue falls under its jurisdiction - does in that case a tribunal has exclusive jurisdiction?

So far, I have not been able to find a clear answer as to whether it is the citizen's right to choose between filing in a tribunal or a court, or if the law mandates that the matter must first be brought before the tribunal.

 

thank you!

Assuming you are not factoring in JR, the answer is likely (but not always no).  

For example, many employees who have alleged a wrongful dismissal in the Ont Superior Court, may also seek human rights danges due to a violation of the Ont Human Rights Code, as opposed to bringing a separate application at the Ont Human Rights Tribunal.

The Superior Court can award damages for a violation of the Code (and damages for a breach of other statutes, as applicable)  

So in that example, no the OHRT does not have exclusive jurisdiction to award human rights damages. 

However, other disputes may be more narrow and/or the governing statute may expressly set out governing jurisdiction. 

So it forms down to the specific issue/tribunal you’re researching. Hope that helps. 

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