The applicant Receiver sought judicial review of an Ontario Labour Relations Board decision declaring it a successor employer under the Labour Relations Act.
The Receiver had been operating an insolvent debtor's retirement home business for several years.
The Divisional Court upheld the Board's decision, finding it reasonable that the Receiver met the test for a successor employer.
The Court also agreed that section 14.06(1.2) of the Bankruptcy and Insolvency Act does not immunize a receiver from prospective collective bargaining obligations, but only from pre-appointment liabilities.
The application for judicial review was dismissed.
