The respondents in several certification applications brought a motion to postpone the Board's hearing of a Charter challenge to section 12 of the Labour Relations Act.
The respondents argued the hearing should be adjourned pending the Ontario Court of Appeal's decision in Cuddy Chicks, which would determine the Board's jurisdiction to hear Charter issues.
The Board denied the requested postponement, emphasizing the importance of expedition in labour relations matters and noting that the current state of the law recognized the Board as a court of competent jurisdiction capable of applying the Charter.
