The union appealed from a Divisional Court judgment quashing a labour board decision that judges' secretaries were not excluded from bargaining-unit membership by the conflict-of-interest provision in the governing statute.
The Court of Appeal held that the core issue was a labour relations question within the Board's specialized jurisdiction, not a freestanding constitutional question, although judicial independence formed part of the context.
Applying a patent unreasonableness standard to the Board's ultimate decision, the court found the Board's conclusion was not patently unreasonable.
The appeal was allowed, the Divisional Court order was set aside, and the judicial review application was dismissed, with no costs.
