The applicant fertility centre sought judicial review of an Ontario Labour Relations Board decision declaring that a 'health services integration' had occurred when the centre moved out of a hospital and hired some of the hospital's former unionized employees.
The Divisional Court applied the Dunsmuir framework to determine that the standard of review for the Board's interpretation of the Public Sector Labour Relations Transition Act, 1997 was reasonableness.
The Court dismissed the application, finding the Board's conclusion that the centre was an integrated component of the hospital and its decision to apply the Act were reasonable and supported by the evidence.