The applicant union alleged that the respondent company's acquisition of a sublease and certain equipment from a former Safeway store constituted a sale of a business under section 63 of the Labour Relations Act.
The respondent company, which operated ethnically-oriented supermarkets, argued it merely acquired the right to use the premises to expand its own existing business.
The Board found that the respondent did not acquire Safeway's business, but rather purchased idle assets to expand its own successful going concern that catered to a different market.
The application was dismissed.
