- Parties: The applicant was Cascade Aerospace Inc. The respondent was the Unifor Legal Department.

- Subject Matter: The respondent applied to certify a small group of employees occupying positions of “induction planners” within the applicant’s workforce. The Canada Industrial Relations Board granted the respondent’s certification application. The applicant sought judicial review of the Board’s decision. The applicant alleged that the certification application was untimely under s. 38 of the Canada Industrial Relations Board Regulations, 2012, SOR/2001-520, which prohibited a trade union from filing a new certification application relating to the same or substantially the same bargaining unit until six months have elapsed from the date of the rejection of the previous application.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the applicant’s judicial review application. The appeal court accepted that the Board’s succinct reasons could have been more elaborate but held that these reasons withstood scrutiny on a reasonableness review. The appeal court concluded that the Board provided responsive reasons given the record, the Board’s past decisions, the s. 38 legislative history, and the Board’s particular institutional context. The appeal court added that the Board meaningfully grappled with the central issue of the scope of s. 38 and used the proper legal analytical framework.

- Date: The hearing was set on Nov. 13, 2024. The court released its decision on Nov. 13, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded costs in an unspecified amount.