record as a matter of law and misunderstanding that even if it was terminated that is if the contract was terminated the court misunderstood the legal effect of the trial ration that is that even if a contract was terminated disputes that arose during the period of time when the contract was you know arguably in a fact like the case that we have a and those claims still must be arbitrated because the turner ation doesn't act as on that last p family to the facility in july of two thousand and sixteen in july two thousand and seventeen the resident was moved and that's when the district court said that the contract was terminated sort of the c must have a contract which is true the district court may make the determination as to whether there is a contract in the initial agreement to arbitrate we know that that's the case because the court relied on the idea that that contract itself was later terminated so once we  court may go no further and the most recent united states supreme court and again for the last decade the united states supreme court is but that's only true as to that preceded the alleged terminations bait agree  wrong because you have to st make the determination of what of the contract was terminated if you allow the district court to make the decision which it did i think roe fully and then also make the determination that it was terminated that's the only thing that i've suggested because if  instance whether it was terminated or not and you say that for the arbitrator yes having a little trouble with that i mean the court has to determine whether a contract was formed in the st place why wouldn't the same rule appl viability is a cuppa say enough i think that the all claims but you but you've conceded that that's not true with respect to contract formation i don't understand why the same rule would apply to contract exploration you don't have a contract in effect just i'm not aware of a case that says that the case law that i'm familiar with says that the always gets contract formation is the united states supreme court precedent the rest of the factual determinations  as to that creek terminations event dispute that makes sense to me correct but that wouldn't hold for the dispute that arises after the alleged servatius as to that dispute you have to decide is there any contract with whether there was additional contract or what was the intent of the parties was there some intent to sign a contract that could arbitration and beyond that it's up to the arbitrator to decide and that is the case closed i'm not aware of a case that says that once you  determination that there was no forced offer tradition provision in effect between the parties upon the relocation in july of two thousand and seventeen if there's an argument to be made as to written contract or two thousand and sixteen the question is was the contract company it is an argument that it wasn't his argument that it wasn't so if it wasn't terminated then all of the questions in contract was never terminated then it is a different is that an issue but that does beg the question as your honour's suggests the court does need to reach the issue of contract was terminated and it's a new contract industry a commonwealth contract in july two thousand and seventeen that is triggered by and prior to the court to look at what happened and read the facts terminate the terminate the agreement or not it would also suggest that of whether it was terminated or not depends upon an argument about the specific provisions the specific wording of the of the contract itself but i don't know how that's not classical by when we cannot is relocate it can i ask you a question about that i went the contract provisions to require a written notice to terminate a written notice to to relocate and i never found any evidence of any written notice in your address first on the way it is written it can be read in multiple different ways it says a written notice in the event of your death or if you must be relocated due to your healthy it could be needs any more because of that operates as a question of termination the question becomes in july th two thousand and seventeen what is the contractual relationship between the parties there is a contractual relationship between the parties and july two thousand and seventeen the question is what is it based on the record before the court it's a common law contract it is i promise to pay you five thousand and seven dollars if you promise to take care of my mother and bond a basic contract law that is a contract and the reason ron the arbitration provision cannot survive at that point is because you now have two potential contracts  whether the order by its own terms time terminated and i agree with you that question of whether there is a new contract of subsidy for the old one might not be for the arbitrator that would be like contract formation but that's a different argument from the contention of the question of whether the new contract has to supercede the old contract no surprise that when we both understood the question of whether it is independent of the question of whether the build one by its own terms terminated moving someone out sent the nation away from the silly it's strictly contract interpretation what does it mean what it what it means in the context of of this case it's the we need to look at the circumstances as a whole or as opposed to any any one fact and where that where the cause of actions musician is in the same way if the contract itself which with respect arbitration provision said the question of terminations is one for the arbitrator before the court in july of two thousand and seventeen so it it's consistent with harry shined even in new prime where the court indicated not everything is delegated just because the arbitration provision says  remains within the purview of the court as judge mcconnell determined and for those reasons we ask that that the court from additional consultation thank you date on which you remove all of your belongings from the community and that's the suggestion that you know the very location for a higher level it actually says relocated to a facility which offers a higher level of care and we can ask for a written