The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing its unfair labour practice complaint without a hearing.
The complaint alleged that the respondents improperly applied a local collective agreement over a provincial agreement in the construction industry.
The Divisional Court held that the application was not premature despite the applicant's failure to seek reconsideration from the Board.
However, the Court dismissed the application on the merits, finding the Board's decision reasonable.
The Board had reasonably concluded that the two collective agreements could co-exist, that inquiring into the complaint served no labour relations purpose since the affected employer did not participate, and that the declaratory relief sought was of limited practical utility.
