The union appealed a Divisional Court decision that quashed an Ontario Labour Relations Board certification order and remitted the matter for reconsideration.
The Divisional Court had found the Board erred in concluding it lacked jurisdiction to consider the employer's late-filed response.
Before the appeal was heard, the Board reconsidered the matter, accepted the late response, and revoked the certification.
The Court of Appeal dismissed the union's appeal as moot, finding no live controversy remained and declining to exercise its discretion to hear the case on the merits.
