Application alleging sale of a business dismissed; new tenant's operation was an expansion of its own business.
The applicant union filed an application under section 63 of the Labour Relations Act, alleging a sale of a business from Steinberg to Ferlisi.
Steinberg had surrendered its lease for a supermarket premises, and the landlord subsequently leased the premises to Ferlisi, an operator of ethnic supermarkets.
Ferlisi also purchased unwanted equipment left by Steinberg at the landlord's insistence.
The Board found no nexus between Steinberg and Ferlisi, noting that Ferlisi's operation was targeted to a specific ethnic community and was an expansion of its own pre-existing business rather than a continuation of Steinberg's business.
The application was dismissed.
United Food and Commercial Workers International Union, Locals 175 & 633 v. Miracle Food Mart, a Division of Steinberg Inc. and 722686 Ontario Limited, c.o.b. Ferlisi Supermarkets, 1990 CanLII 5745