The employer brought an application for judicial review of an Ontario Labour Relations Board decision.
The Board had upheld a union grievance, finding that fire restoration work at a Petro-Canada site was 'construction work' under the Labour Relations Act and governed by the provincial agreement, rather than the General Presidents' Maintenance Agreement.
The employer argued the Board erred in its application of the doctrine of estoppel and lacked jurisdiction to issue supplemental reasons.
The Divisional Court dismissed the application, holding that the Board had jurisdiction to issue supplemental reasons and that its decision on the nature of the work and the application of estoppel was reasonable.
