The applicant union sought judicial review of two Ontario Labour Relations Board decisions that allowed a competing union's certification application to proceed despite being filed early.
The applicant argued the Board lacked jurisdiction to alter absolute statutory time limits.
The Divisional Court dismissed the application, finding the issue was not one of true jurisdiction but of statutory interpretation within the Board's core expertise.
Applying a reasonableness standard, the Court held the Board's exercise of discretion under s. 111(3) of the Labour Relations Act, 1995 was justified, transparent, and intelligible given the unique factual matrix.
