The applicant sought judicial review of an Ontario Labour Relations Board decision declaring it a related employer.
The Board had granted the union's application in default after the applicant failed to file a timely response, and subsequently denied a request for reconsideration.
The Divisional Court dismissed the application, finding that the applicant could not rely on its own failure to post notice to employees to claim a breach of procedural fairness.
The Court also held that the Board's refusal to reconsider the default decision was reasonable, as the applicant's prejudice resulted from its own inaction and cavalier attitude toward the Board's process.
