Knob Hill Farms Ltd. v. United Food & Commercial Workers Union, Local 206 et al., (1991) 54 O.A.C. 124 (DC)

• Judge: O'Driscoll, Hartt and Rosenberg, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: November 22, 1991
• Jurisdiction: Ontario
• Citations: (1991), 54 O.A.C. 124 (DC)

Knob Hill Farms Ltd. v. UFCW (1991), 54 O.A.C. 124 (DC)

MLB headnote and full text

Knob Hill Farms Limited (applicant) v. The United Food & Commercial Workers Union, Local 206, The Crown in Right of Ontario (Minister of Labour), The Ontario Labour Relations Board and Susan Caterina (respondents)

(No. RE1007/91)

Indexed As: Knob Hill Farms Ltd. v. United Food & Commercial Workers Union, Local 206 et al.

Ontario Court of Justice

General Division

Divisional Court

O'Driscoll, Hartt and Rosenberg, JJ.

November 22, 1991.

Summary:

An application was brought to set aside decisions of the Minister of Labour and the Labour Relations Board. The applicant argued that the Minister made the decisions pursuant to the request of a union which no longer existed and also that the proceedings before the Board did not accord with the principles of natural justice.

The Ontario Divisional Court dismissed the application.

Labour Law - Topic 642

Labour Relations Board and judicial review - Natural justice - Denial of - Failure to answer issues raised - An ap­plication was brought to set aside a deci­sion of the Labour Relations Board - The applicant argued the Board heard an appli­cation for compulsory arbitration together with a termination application and failed to adequately explain their reasons for dis­missing the termination application - The Ontario Divisional Court dismissed the application - The court held that the granting of either application by the Board automatically called for the dismissal of the other and the Board having determined that one application should be allowed gave adequate reasons for dismissing the termination application - See paragraph 6.

Labour Law - Topic 2321

Unions - Mergers - General - An appli­cation was brought to set aside decisions of the Minister of Labour on the basis that the union (Local 206), at whose request the decisions were made, was no longer in existence - The Ontario Divisional Court dismissed the application - The court held the applicant had ample opportunity to challenge the existence of the Local 206 and did not do so and it was not entitled to challenge it as a collateral matter - The court further held that the Local 206 merged with another union and became one entity and the new union could carry on and fulfill all obligations of Local 206 - See paragraphs 2 to 4.

Cases Noticed:

Transair Ltd. v. Canadian Association of Industrial Mechanical and Allied Workers, Local #3; Re Canada Labour Relations Board, [1977] 1 S.C.R. 722; (1976), 9 N.R. 181, refd to. [para. 6].

American Barrick Resources Corp. v. United Steelworkers of America et al. (1991), 46 O.A.C. 145; 2 O.R.(3d) 266 (Div. Ct.), refd to. [para. 6].

Counsel:

Brian P. Smeenk, for the applicant;

Douglas J. Wray, for the respondent, The United Food & Commercial Workers Union, Local 206;

Leslie M. McIntosh, for the respondent, the Crown in Right of Ontario (Minister of Labour);

Stephen T. Goudge, Q.C. and Richard P. Stephenson for the respondent, the Ontario Labour Relations Board.

This application was heard on October 29, 1991, before O'Driscoll, Hartt and Rosenberg, JJ., of the Ontario Divisional Court.

The judgment of the Divisional Court was released orally on November 22, 1991, and the following opinions were filed:

Rosenberg, J. - see paragraphs 1 to 7;

O'Driscoll, J. - see paragraph 8.