The applicant union brought an application under sections 63 and 1(4) of the Labour Relations Act alleging a sale of a business and related employer status among the respondents.
At a preliminary hearing, the respondents argued that filing a written statement of facts and certain commercial documents was sufficient to satisfy their evidentiary onus under sections 1(5) and 63(13) of the Act, without producing witnesses for cross-examination.
The Ontario Labour Relations Board rejected this argument, holding that the statutory onus requires respondents to produce witnesses to testify under oath as to the material facts of the transactions and relationships, and to be subject to cross-examination.
The Board directed the matter to be relisted for hearing.
