The applicant employer sought judicial review of a preliminary decision by the Ontario Labour Relations Board, which found that the employer's labour relations were provincially regulated and allowed the union's certification applications to proceed.
The Divisional Court dismissed the application for judicial review on the basis of prematurity.
The Court held that absent exceptional circumstances, which were not present here, administrative proceedings should not be fragmented by reviewing preliminary constitutional or jurisdictional issues before a final decision on the merits.
