The applicants sought judicial review of an Ontario Labour Relations Board decision, arguing the Board made procedural errors by issuing a faulty Confirmation of Filing that did not accurately reflect the Minister's question.
The Divisional Court dismissed the application as premature.
The court held that the applicants failed to exhaust their administrative remedies, as they did not request the Board to reconsider its decision under s. 114 of the Labour Relations Act, 1995, which would have allowed the Board to address the procedural errors and any resulting prejudice.
