The applicant sought judicial review of an Ontario Labour Relations Board decision finding that the respondent union was a 'trade union' within the meaning of s. 1(1) of the Labour Relations Act.
The applicant argued that the respondent could not be an organization of employees because its constitution allowed independent employee organizations to be members, and that it lacked an identifiable set of rules due to irregularities in the election of its founding officers.
The Divisional Court dismissed the application, holding that the Board's interpretation of its home statute was reasonable and that the founding members could unanimously waive or vary the provisions of the union's constitution.
