Michael D. Failes

The applicant trade unions sought judicial review of an Ontario Labour Relations Board decision dismissing their application to declare Cadillac Fairview a related or successor employer under the Labour Relations Act, 1995.

The Board had found that the amalgamation of two corporations did not erode bargaining rights and that there was no sale of a business.

The Divisional Court held that the Board's decision was reasonable and dismissed the application for judicial review.

The applicant employees sought judicial review of an Ontario Labour Relations Board decision dismissing their claim for statutory holiday pay under the Employment Standards Act.

The employees commenced a lawful strike on July 4, the first scheduled workday after the Canada Day holiday.

The Board found they were disqualified from holiday pay because they failed to work their scheduled day of work following the public holiday.

The Divisional Court applied the reasonableness standard of review and dismissed the application, finding the Board's purposive interpretation of the Act was supported by a tenable explanation.