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Leave to appeal OMB interlocutory decision denied; tribunal's reasons did not finally determine substantive defences.
The moving parties sought leave to appeal an interlocutory decision of the Ontario Municipal Board (OMB) which denied their motion to dismiss the respondent's appeal without a hearing.
The moving parties argued that the OMB had improperly made final determinations on their defences of res judicata and laches.
The Divisional Court dismissed the motion for leave to appeal, finding that the OMB's decision was interlocutory and merely determined that the issues were worthy of a full hearing, despite the OMB's reasons going further than necessary.
Board determines that two mixed-use institutional projects fall within the residential sector, not the ICI sector.
The Carpenters' District Council applied to the Board under section 150 of the Labour Relations Act to determine whether two construction projects fell within the industrial, commercial and institutional (ICI) sector or the residential sector.
One project was a mixed-use building for the Hospital for Sick Children, and the other was a building on the campus of the Salvation Army Training Centre.
The Board considered local area practice and the agreement between the Metropolitan Toronto Apartment Builders Association and the Building Trades Council.
The Board concluded that both projects were predominantly residential in character and therefore fell within the residential sector, not the ICI sector.
