D.J. Wray

Professional Supply Canada Company and Ford Motor Company of Canada Limited brought a motion to be added as intervenors and parties to an application for judicial review.

The underlying application challenged a variance granted by the Technical Standards and Safety Authority for the installation of direct gas-fired heaters at Ford Canada's facilities.

The court found that both moving parties had a significant financial interest in the proceedings, could be adversely affected by the judgment, and would provide a unique perspective.

The motion was granted, and the moving parties were added as respondents.

The applicant employer sought judicial review of an Ontario Labour Relations Board (OLRB) decision finding it bound by a provincial collective agreement with the respondent union.

The OLRB had determined that a 1998 memorandum of agreement signed by the employer ratified earlier agreements and waived any right to challenge their validity.

The Divisional Court dismissed the application, holding that the OLRB's determination of union representation rights fell within its specialized jurisdiction and was protected by privative clauses.

Applying the patently unreasonable standard of review, the court found no basis to interfere with the OLRB's decision.