American Barrick Resources Corp. v. United Steelworkers of America et al., (1991) 46 O.A.C. 145 (DC)

• Judge: Steele, Weiler and Davidson, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: January 28, 1991
• Jurisdiction: Ontario
• Citations: (1991), 46 O.A.C. 145 (DC)

Am. Barrick Resources Corp. v. USWA (1991), 46 O.A.C. 145 (DC)

MLB headnote and full text

American Barrick Resources Corporation, carrying on business as Holt-McDermott Mine (applicant) v. United Steelworkers of America and the Ontario Labour Relations Board (respondents)

(424/90)

Indexed As: American Barrick Resources Corp. v. United Steelworkers of America et al.

Ontario Court of Justice

General Division

Divisional Court

Steele, Weiler and Davidson, JJ.

February 1, 1991.

Summary:

The Ontario Labour Relations Board certified the respondent union as the bargaining agent for the applicant's employees at the Holt-McDermott Mine. The applicant employer applied for judicial review of the Board's decision.

The Ontario Divisional Court dismissed the application.

Labour Law - Topic 4605

Unions - Certification - Judicial review - Status to apply - The Labour Relations Board allowed a union's application for certification - The employer applied for judicial review on the ground of denial of natural justice, since the Board failed to consider the evidence of objectors at its hearing - The Ontario Divisional Court held that the employer lacked status to apply for judicial review - If there was a denial of rights, it was those of the objectors, not the employer.

Cases Noticed:

Canada Labour Relations Board and Transair Limited et al., Re (1976), 67 D.L.R.(3d) 421, refd to. [para. 6].

R. v. Ontario Labour Relations Board, Ex parte Nick Masney Hotels Ltd., [1970] 3 O.R. 461, dist. [para. 7].

Baltimore Aircoil Interamerican Corp. and Ontario Labour Relations Board et al., Re (1981), 130 D.L.R.(3d) 580, dist. [para. 7].

Domtar Packaging Ltd. and United Paperworkers International Union, Re (1973), 1 O.R.(2d) 45, dist. [para. 7].

Counsel:

J.I. Laskin and E.M. Morgan, for the applicant;

B. Shell, for the respondent, United Steelworkers of America;

I. Roland and R. Stephenson, for the respondent, Ontario Labour Relations Board.

This application was heard before Steele, Weiler and Davidson, JJ., of the Ontario Divisional Court on January 28, 1991. The decision of the Divisional Court was delivered orally by Steele, J., and released on February 1, 1991.