Maystar General Contractors Inc. v. International Union of Painters and Allied Trades, Local 1819

Maystar General Contractors Inc. v. International Union of Painters and Allied Trades, Local 1819

The appeal was dismissed as moot because the Board, after the Divisional Court order, reconsidered, accepted the late response, and revoked the Union's certification, so this Court's intervention would have no practical effect; the Court declined to exercise its discretion to decide the merits and cautioned that deference to labour boards remains appropriate.

Citation
2008 ONCA 265
Parties
Applicant (respondent): Maystar General Contractors Inc.; Respondent (appellant): International Union of Painters and Allied Trades, Local 1819; Respondent (respondent): Ontario Labour Relations Board
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
11 April 2008
Procedural Posture
Civil Appeal From Judicial Review of Labour Board Certification / Court of Appeal Hearing on Mootness Following Divisional Court Order and Subsequent Board Reconsideration
Outcome
Appeal dismissed as moot
Legal Topics
Certification, Judicial Review, Mootness, Standard of Review, Extension of Time, Statutory Interpretation
Source Language
English
Labour Law Administrative Law Civil Procedure Certification Judicial Review Mootness Standard of Review Extension of Time +1 more

Case Brief

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Parties

Maystar General Contractors Inc.

Applicant (respondent)

International Union of Painters and Allied Trades, Local 1819

Respondent (appellant)

Ontario Labour Relations Board

Respondent (respondent)

Procedural Posture

Civil Appeal From Judicial Review of Labour Board Certification / Court of Appeal Hearing on Mootness Following Divisional Court Order and Subsequent Board Reconsideration

Legal Issues

  1. 1 Is the appeal moot given post-judicial review events?
  2. 2 Should the Court exercise its discretion to hear a moot appeal?
  3. 3 Whether the Labour Relations Board had jurisdiction to consider a late-filed employer response under s.128.1(3) LRA

Ratio Decidendi

The appeal was dismissed as moot because the Board, after the Divisional Court order, reconsidered, accepted the late response, and revoked the Union's certification, so this Court's intervention would have no practical effect; the Court declined to exercise its discretion to decide the merits and cautioned that deference to labour boards remains appropriate.

Court Disposition

Appeal dismissed as moot

Orders

  • Appeal dismissed as moot
  • If parties cannot agree on costs they may file brief written submissions within 21 days of release of reasons