The Ontario Public Service Employees Union (OPSEU) brought applications alleging that contracts between the Ministry of Correctional Services and various community agencies constituted a transfer of part of the Crown's undertaking under the Successor Rights (Crown Transfers) Act.
The agencies provided specialized counselling and discharge planning services to inmates.
The Board dismissed the applications, finding that the agencies were using their own independent undertakings to supply services to the Crown and had not acquired any part of the Crown's undertaking.
The performance of similar work by the agencies did not amount to a transfer of an undertaking.