The applicant union sought judicial review of an Ontario Labour Relations Board decision dismissing its unfair labour practice complaint and challenges to a representation vote.
The applicant argued the Board breached procedural fairness by making adverse credibility findings without holding an oral hearing.
The Divisional Court dismissed the application, finding that while it is a well-settled principle that adverse credibility findings should not be made without an oral hearing when central to a decision, the credibility findings in this case were irrelevant and easily severable from the determinative issues.
