Law360 Canada ( September 18, 2025, 10:35 AM EDT) -- Appeal by Gate Gourmet Canada Inc. (Gate Gourmet) from dismissal of a petition for judicial review in a labour relations matter. Gate Gourmet provided catering services to airlines flying in and out of Vancouver International Airport (YVR), and other Canadian airports including Calgary, Edmonton and Toronto. The respondent, Unite Here, Local 40 (the Union), was the certified bargaining unit for Gate Gourmet’s YVR employees. The order under review by the court below was made by the British Columbia Labour Relations Board (the Board) in respect of a strike action taken by Gate Gourmet workers in British Columbia. It required Gate Gourmet to cease using out-of-province replacement workers from its airline catering operations in Calgary, Edmonton and Toronto to perform catering work that, were it not for a strike action, would have been performed by workers engaged in a lawful strike action at the YVR. The key issue raised in the court, and pursued on appeal, was whether the Board’s decision involved an impermissible application of British Columbia’s labour relations statute to individuals and activities outside of the province. The review panel concluded that the Board had authority to order that Gate Gourmet cease and desist from this conduct. The chambers judge found that the Board’s order was not an unconstitutional extraterritorial exercise of its jurisdiction. Gate Gourmet appealed, arguing that both the Board and the chambers judge incorrectly applied the real and substantial connection test. The Union’s overall position was that the Board reached the legally correct outcome in determining that the cease-and-desist order did not exceed the constitutional limits of provincial jurisdiction....