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Appointment of a court-appointed receiver and manager does not constitute a sale of a business.
The applicant union alleged that the appointment of a court-appointed receiver and manager of a nursing home constituted a sale of a business under section 63 of the Labour Relations Act, making the receiver and the secured creditor successor employers.
The Ontario Labour Relations Board dismissed the application, finding that a receiver and manager merely acts as an officer of the court to manage the business on behalf of creditors, and no disposition or transfer of the business occurred until the assets were subsequently sold to a third-party purchaser.
