EllisDon applied for judicial review of an Ontario Labour Relations Board decision that admitted a photocopy of a 1958 working agreement and found the unions were estopped from enforcing it for only two years.
The Divisional Court held that the OLRB erred in law by admitting the document as a business record or ancient document without assessing its reliability.
Furthermore, the Court found that the OLRB's decision to limit the estoppel to two years was unreasonable, as EllisDon had permanently lost the opportunity to seek a legislative solution.
The Court quashed the OLRB's decision and dismissed the unions' grievances, ruling the estoppel must be permanent.
