The applicant employer sought a stay of an Ontario Labour Relations Board decision certifying the respondent union as the exclusive bargaining agent for a group of its employees, pending judicial review.
The employer argued it would suffer irreparable harm by being forced to choose between pursuing judicial review or complying with its obligation to bargain in good faith, and by expending unrecoverable resources on collective bargaining.
The Divisional Court dismissed the motion, finding that the employer could bargain in good faith while reserving its rights pending judicial review, and that mutual, unremarkable process costs do not constitute irreparable harm.