Alberta Wheat Pool v. Canada ( Labour Relations Board )
A-1271-91
Heald J.A.
9/11/92
6 pp.
Application to add to record affidavit purporting to update information re: Agro Managers and Assistant Agro Managers -- S. 28 application set aside certification of respondent Union as bargaining agent for full time employees of Alberta Wheat Pool excluding, inter alia, area managers and those above -- Applicant contesting Board's constitutional jurisdiction over employees selling farm supplies and services, including employees working at Agro centres and farm supply centres, Agro Managers and Assistant Agro Managers -- Record and Board's reasons indicating Board's order including Agro Managers and Assistant Agro Managers although reasons silent on issue -- Whether special grounds justifying addition to record of affidavit -- Application dismissed -- R. 1102 not intended to enable party to remake case -- Mercer et al. v. Sijan et al. (1976), 14 O.R. (2d) 12 (C.A.) wherein held discretion of this nature should be exercised only if evidence not discoverable before end of trial by reasonable diligence, wholly creditable and practically conclusive of issue in action, applied -- Mercer requirements not met -- Plethora of evidence before Board on constitutional jurisdictional issue -- Board dealt with issue in order although reasons for so deciding not given -- Federal Court Rules, C.R.C., c. 663, R. 1102(1).