John Grant

The applicants sought judicial review of a decision by the board of directors of a private trailer park association to bar their son from the park.

The respondent association brought a motion to dismiss the application on jurisdictional grounds.

The court granted the motion and dismissed the application, finding that the association is a private corporation and its board does not exercise any statutory power.

Therefore, the court has no jurisdiction under the Judicial Review Procedures Act to judicially review the board's decision.

The applicant union referred a grievance alleging that the employer violated the collective agreement by failing to pay the grievor a subsistence allowance.

The grievor claimed his regular residence was in Nova Scotia, where his family had temporarily moved, while he remained in his Oshawa home and commuted to the project.

The Board found that the grievor's regular residence remained in Oshawa, as he continued to live, sleep, and eat there, and maintained financial commitments for the property.

The grievance was dismissed.