The Canada Labour Relations Board ordered several airlines to produce documents during an investigation of a union's application for amendment of certification.
The airlines refused, arguing the Board lacked jurisdiction to compel document production outside a formal hearing.
The Federal Court of Appeal set aside the Board's order.
The Supreme Court of Canada dismissed the Board's appeal, holding that under section 118(a) of the Canada Labour Code, the Board's power to compel the production of documents may only be exercised in the context of a formal hearing.