The applicant sought judicial review to quash a decision of the Ontario Labour Relations Board, which had ruled that a law firm was not in a conflict of interest and could continue representing the respondents.
The law firm had previously represented the applicant local union before it was placed in trusteeship.
The Divisional Court applied the pragmatic and functional approach, determining the standard of review was correctness.
Applying the MacDonald Estate test, the Court found the law firm possessed relevant confidential information and there was a risk of prejudice to the former client.
The application was granted, the Board's decision was quashed, and the law firm was ordered to cease acting against its former client.
