The applicant union sought judicial review of an Ontario Labour Relations Board decision dismissing its certification application.
The OLRB had determined that the respondent's work of relining existing sewer pipes using cured-in-place-pipe was maintenance work, not construction work.
The Divisional Court applied the reasonableness standard of review and found that the OLRB's interpretation of the Labour Relations Act and its application of its own jurisprudence were internally coherent, rational, and entitled to deference.
The application for judicial review was dismissed.
