The applicant sought judicial review of two decisions by the Ontario Labour Relations Board regarding an application for certification.
The respondents raised a preliminary issue that the application was premature because the applicant had not sought reconsideration by the Board under section 114(1) of the Labour Relations Act, 1995.
The Divisional Court agreed, finding that the conflicting Board decisions raised important policy issues regarding the interpretation of its home statute, and that reconsideration offered an adequate alternative remedy.
The application for judicial review was dismissed as premature.
