The applicant union sought a declaration that the respondent was bound by a collective agreement between the union and Dominion Stores Limited, arguing that the respondent's leasing of premises formerly operated by Dominion constituted a sale of a business under section 63 of the Labour Relations Act.
The Ontario Labour Relations Board dismissed the application, finding that the respondent's operation of an ethnically oriented supermarket at the location was an expansion of its own pre-existing business rather than a continuation of Dominion's business.
The Board noted the hiatus between operations, the extensive renovations, and the lack of transfer of goodwill or assets other than the lease.
