The applicant sought judicial review of an Ontario Labour Relations Board decision upholding a Ministry of Labour inspector's orders.
The inspector found the applicant in violation of O.Reg. 851/90, s.48 for stacking industrial drums without parallel planks between rows.
The applicant argued its method of staggering drums was a permitted variation under s.2 of the Regulation.
The Divisional Court held that the standard of review was reasonableness and found the Board was correct in concluding that the applicant's method was not a variation but a failure to use any physical separation as required.
The application for judicial review was dismissed.