The applicant sought judicial review of an Ontario Labour Relations Board (OLRB) decision that certified a union and dismissed the applicant's request for reconsideration.
The applicant had filed its response to the certification application within the two-day statutory limit via courier, but the OLRB rejected it for failing to comply with a COVID-19 'Notice to Community' requiring electronic filing, despite the OLRB's own forms and rules permitting courier delivery.
The Divisional Court found a breach of procedural fairness, quashed the OLRB's decision, and remitted the matter back to the Board to be decided on its merits.
