The applicant sought judicial review of two Ontario Labour Relations Board decisions certifying it as the employer of union members and dismissing its request for reconsideration.
The applicant had failed to respond to the certification application within the two-day statutory limit, later claiming it was not the employer and had ignored the notice.
The Divisional Court dismissed the application, finding that the Board's decisions were subject to a reasonableness standard of review and that the Board reasonably exercised its discretion in refusing to reconsider the certification despite the applicant's claim that it was not the true employer.