The applicant sought judicial review of an Ontario Labour Relations Board decision finding that its employees were provincially regulated for labour relations purposes.
The applicant, a track welding company performing work primarily for interprovincial railways, argued its operations fell under derivative federal jurisdiction.
The Divisional Court dismissed the application, holding that the Board correctly applied the derivative jurisdiction test.
The court found the applicant's work involved maintenance of railway infrastructure rather than the operation of the railways themselves, and thus did not meet the exceptional threshold for federal jurisdiction.
