The applicant sought judicial review of an Ontario Labour Relations Board decision that dismissed his application for delay.
The Divisional Court found that the Board breached the principles of natural justice by deciding the matter on the issue of delay without giving the applicant an opportunity to address it.
The applicant's own delay in applying for judicial review was satisfactorily explained by his impecuniosity.
The application for judicial review was allowed, the Board's order was set aside, and the matter was remitted to the Board for further consideration.
