Regina v. Canadian Pacific Railway Co.
Employment Law: Ontario Labour Relations Act and Lawful Strike Termination
Summary
A merits decision involving the interpretation of the Ontario Labour Relations Act regarding whether an employer can terminate employees for participating in a lawful strike after the expiration of a collective agreement and the exhaustion of conciliation proceedings. The case later reached the Supreme Court of Canada (Canadian Pacific Railway Co. v. Zambri, [1962] SCR 609). The Supreme Court dismissed the appeal and held that the striking employees had the right to participate in a lawful strike without terminating their employment contracts. The matter was remitted to the magistrate to register convictions against the employer for unlawfully threatening to dismiss and refusing to continue employing the striking workers.
Key Factors
- lawful strikes
- employer obligations
- Ontario Labour Relations Act
- termination of employment
- employment status during strikes
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More Ontario employment decisions from the 1960s
This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.