B. Grossman

The applicant union alleged that the appointment of a court-appointed receiver and manager of a nursing home constituted a sale of a business under section 63 of the Labour Relations Act, making the receiver and the secured creditor successor employers.

The Ontario Labour Relations Board dismissed the application, finding that a receiver and manager merely acts as an officer of the court to manage the business on behalf of creditors, and no disposition or transfer of the business occurred until the assets were subsequently sold to a third-party purchaser.

The applicant union filed an application under section 63 of the Labour Relations Act alleging a sale of a business by Chateau Gardens to the respondents, a court-appointed receiver and a secured creditor.

The respondents raised a preliminary objection that the Board lacked jurisdiction because the applicant had not obtained leave of the Supreme Court of Ontario, as required by the receiving order.

The Board held that it had exclusive jurisdiction under sections 106(1) and 108 of the Act, and that requiring leave of the court would constitute an impermissible questioning or restraining of the Board's proceedings.

The Board dismissed the preliminary objection and directed the matter to be listed for a hearing on the merits.