The applicant employer sought judicial review of an Ontario Labour Relations Board decision upholding a union grievance regarding the payment of weekly room and board allowances under a provincial collective agreement.
The employer argued that a memorandum of agreement settling a strike had superseded the weekly rate with a daily rate.
The Divisional Court applied the reasonableness standard of review and found that the Board's interpretation, which reconciled the memorandum with the expired collective agreement and applied the principle that clear language is needed to remove a benefit, was reasonable.
The application for judicial review was dismissed.