The applicant sought judicial review of an Ontario Labour Relations Board decision determining he was not entitled to severance pay under s. 64 of the Employment Standards Act.
The Board had concluded that the employer's payroll calculation for the $2.5 million threshold was restricted to its Ontario payroll, excluding its global payroll.
The Divisional Court found the Board's interpretation unreasonable, holding that the calculation of payroll under s. 64 is not restricted to Ontario employment and must include global payroll.
The application was allowed and the matter remitted to the Board.
