The applicant union sought judicial review of an Ontario Labour Relations Board decision upholding an inspector's refusal to order the respondent employer to restrict the operation of an overhead crane to workers holding a specific mobile crane certificate.
By the time of the hearing, the construction project had concluded, rendering the underlying dispute moot.
The Divisional Court declined to exercise its discretion to hear the moot application, finding no special circumstances.
In the alternative, the Court held that the Board's interpretation of the occupational health and safety regulations was reasonable.
The application was dismissed with costs.
