C. Nevison

The applicant sought judicial review of an Ontario Labour Relations Board decision declaring it a successor employer bound by a collective agreement after taking over a hospital shuttle bus contract.

The applicant argued the Board unreasonably expanded the definition of 'building service provider' and 'servicing the premises' under the Labour Relations Act, 1995.

The Divisional Court dismissed the application, finding the Board's interpretation of its home statute was reasonable, supported by the evidence, and consistent with its prior jurisprudence.

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.