ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, LEDERMAN AND SWINTON JJ.
B E T W E E N:
UNIVERSAL WORKERS UNION, LABOURERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183
Applicant
- and -
CANADIAN CONSTRUCTION WORKERS’ UNION et al.
Respondents
Christopher Wirth and
Brennagh Smith, for the Applicant
Barrie Chercover and
Antony Singleton, for the Respondent, Canadian Construction Workers Union
Leonard Marvy, for the Ontario Labour Relations Board
HEARD at Toronto: December 19, 2008
Oral Reasons for Judgment
LEDERMAN J.: (Orally)
1The Board found that the CCWU was not a construction industry trade union within the meaning of s.126(1) of the Labour Relations Act. As the Board found that it did not have that status, for that reason alone, the ten applications for certification were dismissed.
2The Board also stated that whether s.15 of the Act applied or not, the result would have been the same.
3The Board’s decision was upheld on reconsideration.
4Local 183 was therefore successful in its position before the Board that the CCWU’s applications for certification should be dismissed.
5There is no live controversy before this Court and therefore the application for judicial review is moot. The only issue is whether on a consideration of the factors set out in Borowski v. Canada 1989 123 (SCC), [1989] 1 S.C.R. 342, we should entertain this application for judicial review, notwithstanding its mootness.
6There is no public interest in reviewing the obiter comments of the Board concerning s.15 which were not the basis of its decision. The interpretation and application of s.15 should be considered by this Court only when it forms the ratio of the Board’s decision.
7For these reasons the application is dismissed.
FERRIER J.
8I endorse the application record: “This application is dismissed for mootness for oral reasons delivered this day. Costs to the respondent CCWU fixed at $7,500.00”.
LEDERMAN J.
FERRIER J.
SWINTON J.
Date of Reasons for Judgment: December 19, 2008
Date of Release: December 22, 2008
COURT FILE NO.: 202/08
DATE: 20081219
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, LEDERMAN AND SWINTON JJ.
B E T W E E N:
UNIVERSAL WORKERS UNION, LABOURERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 183
Applicant
- and -
CANADIAN CONSTRUCTION WORKERS’ UNION et al.
Respondents
ORAL REASONS FOR JUDGMENT
LEDERMAN J.
Date of Reasons for Judgment: December 19, 2008
Date of Release: December 22, 2008