Motion for stay of OLRB certification decision dismissed; strong prima facie case standard applies.
The applicant employer sought a stay of an Ontario Labour Relations Board (OLRB) decision certifying the respondent union, pending an application for judicial review.
The central issue before the OLRB was whether the applicant was the true employer.
On the motion for a stay, the court considered whether the first branch of the test required a 'strong prima facie case' or merely a 'serious issue to be tried'.
The court held that in the context of OLRB decisions protected by strong privative clauses, the 'strong prima facie case' standard applies.
The court found the applicant failed to meet this standard, failed to demonstrate irreparable harm, and that the balance of convenience favoured the union.
The motion for a stay was dismissed.
National Waste Services Inc. v. National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), 2009 ONSCDC 58584
