The applicant union sought a declaration under section 63 of the Labour Relations Act that a sale of a business occurred between Canada Safeway Limited and the respondent.
The respondent had subleased a former Safeway location and purchased some fixtures after Safeway closed the store.
The respondent extensively renovated the premises to open an ethnically-oriented supermarket.
The Board found that the respondent did not acquire Safeway's business, but merely purchased idle assets to expand its own successful, pre-existing business.
The application was dismissed.
