The applicant employer sought judicial review of a preliminary decision by the Ontario Labour Relations Board finding that the union's certification application fell within provincial jurisdiction.
The respondent union argued the application was premature because the employer had other non-constitutional grounds for opposing certification that had not yet been decided.
The Divisional Court agreed, holding that absent exceptional circumstances, proceedings before administrative tribunals should not be fragmented.
Finding no exceptional circumstances, the court quashed the application as premature.
