Mark D. Contini

In an addendum to a previous decision allowing the appeal and restoring the Ontario Labour Relations Board's decision, the Court of Appeal clarified the timeline for an estoppel period.

Responding to a letter from the respondent's counsel, the court confirmed its intention that the new two-year estoppel period originally set by the OLRB would start again on the date of the court's decision.

The appellant unions appealed a Divisional Court decision that quashed an Ontario Labour Relations Board ruling.

The Board had admitted a photocopy of the 1958 Sarnia Working Agreement into evidence as a business record and ancient document, finding it created province-wide bargaining rights binding the respondent employer.

The Board also found the unions were estopped from enforcing the agreement for two years due to representations made in 2000.

The Divisional Court ruled the document inadmissible and substituted a permanent estoppel.

The Court of Appeal allowed the appeal, holding that the Divisional Court failed to show deference to the Board's evidentiary rulings and remedial discretion, restoring the Board's original decision.