Forest Industrial Relations Limited v. International Union of Operating Engineers, Local 882

Forest Industrial Relations Limited v. International Union of Operating Engineers, Local 882

After a full oral hearing and a site view the Labour Relations Board did not breach natural justice by accepting further written submissions and permitting replies without providing an additional right of reply; the Board complied with s.62(8) and the Court of Appeal erred in quashing the Board's decision.

Citation
[1962] SCR 80
Parties
Appellant (employer): Forest Industrial Relations Limited; Appellant (union): International Woodworkers of America; Appellant (administrative Body): Labour Relations Board of the Province of British Columbia; Respondent (union/prosecutor): International Union of Operating Engineers Local 882
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 December 1961
Procedural Posture
Judicial Review of Administrative Labour Board Certification Decision; Appeal to Supreme Court of Canada / On Appeal From the British Columbia Court of Appeal After a Certiorari Application to Quash the Labour Relations Board Decision
Outcome
Appeal allowed; order of the Court of Appeal set aside; order of Verchere J. restored; costs awarded to appellants Forest Industrial Relations Limited and International Woodworkers of America; no costs against the Labour Relations Board.
Legal Topics
Certification, Procedural Fairness, Natural Justice, Right to Reply, Administrative Procedure, Labour Relations Board Practice
Source Language
English
Labour Law Administrative Law Procedural Fairness Judicial Review Certification Natural Justice Right to Reply Administrative Procedure +1 more

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Parties

Forest Industrial Relations Limited

Appellant (employer)

International Woodworkers of America

Appellant (union)

Labour Relations Board of the Province of British Columbia

Appellant (administrative Body)

International Union of Operating Engineers Local 882

Respondent (union/prosecutor)

Procedural Posture

Judicial Review of Administrative Labour Board Certification Decision; Appeal to Supreme Court of Canada / On Appeal From the British Columbia Court of Appeal After a Certiorari Application to Quash the Labour Relations Board Decision

Legal Issues

  1. 1 Whether the Labour Relations Board's procedure deprived the applicant union of natural justice by not providing an opportunity to reply to replies
  2. 2 Whether the Board complied with s.62(8) of the Labour Relations Act (B.C.) in determining its procedure
  3. 3 Whether the Court of Appeal erred in quashing the Board's decision on procedural grounds

Ratio Decidendi

After a full oral hearing and a site view the Labour Relations Board did not breach natural justice by accepting further written submissions and permitting replies without providing an additional right of reply; the Board complied with s.62(8) and the Court of Appeal erred in quashing the Board's decision.

Court Disposition

Appeal allowed; order of the Court of Appeal set aside; order of Verchere J. restored; costs awarded to appellants Forest Industrial Relations Limited and International Woodworkers of America; no costs against the Labour Relations Board.

Orders

  • Appeal allowed
  • Order of the Court of Appeal set aside