The applicant sought judicial review of an Ontario Labour Relations Board decision finding that its poultry service workers were not exempt from the Employment Standards Act under the farm worker exemption.
The Board had concluded that because the employees provided services to multiple farms, they were not employed 'on a farm' within the meaning of the exemption.
The Divisional Court applied the reasonableness standard of review and found that the Board's interpretation was consistent with its past decisions and struck a reasonable balance between the purposes of the Act and the exemption.
The application for judicial review was dismissed.
