The applicant union sought judicial review of an Ontario Labour Relations Board decision granting bargaining rights to a competing union.
The applicant argued that a voluntary recognition agreement between the employer and the competing union constituted unlawful employer support under s. 53 of the Labour Relations Act.
The Divisional Court dismissed the application, finding the Board's conclusion that the agreement was a bona fide settlement of an outstanding application, rather than unlawful support, was reasonable and entitled to deference.
