The applicant brought an application under section 1(4) of the Labour Relations Act seeking a declaration that it is under the direction and control of the Crown in Right of Ontario and that they are related employers.
The Crown challenged the Board's jurisdiction, arguing that the Labour Relations Act does not bind the Crown pursuant to section 11 of the Interpretation Act.
The Board agreed, finding that the Labour Relations Act is not binding on the Crown.
The Board concluded it had no jurisdiction to find the Crown to be a related employer or bound by a collective agreement, and terminated the proceedings.