The applicant trade union filed a related employer application under section 1(4) of the Labour Relations Act, 1995, seeking a declaration that the Toronto Symphony Orchestra and Roy Thomson Hall are related employers.
The responding party brought a motion to dismiss the application without a hearing, arguing there was no labour relations purpose for the declaration.
The Board found that the union's admitted purpose was to extend its bargaining rights to other locations, rather than to preserve existing rights.
Concluding that the application had no reasonable prospect of success, the Board exercised its discretion under Rule 46 to dismiss the application without a hearing on the merits.
