On October 26, 2018 the Ontario Labour Relations Board (“OLRB”) certified IATSE Local 58 as the bargaining agent of PSAV’s employees. PSAV then filed a motion with the Ontario Superior Court requesting that the court stay the order of the OLRB pending the filing and determination of a judicial review application. The Ontario Superior Court denied the request.
The Court determined that PSAV could not satisfy the three-part test to grant such a stay. In a particular, PSAV could not demonstrate it would suffer irreparable harm if the stay was not granted.
PSAV argued that it could not bargain in good faith while simultaneously pursuing judicial review. The Court dismissed that argument, noting that circumstances where employer is certified and seeks juridical review comes up regularly and almost never leads to a motion for a stay to be granted. The Court noted that PSAV could have tried to expedite its judicial review, but did not do so. PSAV also argued that a 1977 decision of Re Dylex provided precedent for granting a stay in these circumstances. The Court dismissed this argument and noted that the case no longer stands for that proposition as the case law has developed greatly in 40 years.
The Court ordered PSAV to pay Local 58 costs of $5,000 and dismissed the motion for stay.