The applicant sought judicial review of three Ontario Labour Relations Board decisions finding him a related employer to his defunct company, binding him to current collective agreements, and imposing a fine for breach.
The applicant had operated a unionized masonry company until a 2007 car accident left him unable to work, leading to personal bankruptcy and the company's dissolution.
Ten years later, he resumed work as a sole proprietor.
The Divisional Court quashed the OLRB decisions, finding it unreasonable that the Board failed to consider whether a related employer declaration served a valid labour relations purpose given the decade-long hiatus and the applicant's circumstances.
