Judicature Act — Ontario Employment Law
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About Judicature Act
If you are researching historical Ontario employment or labour law cases, you will frequently encounter references to the Judicature Act. Although this statute was repealed in 1984 and replaced by the modern Courts of Justice Act (CJA), its legal principles remain the foundation for how Ontario courts handle two major issues: prejudgment interest in wrongful dismissal claims, and the court's authority to issue injunctions during labour disputes.
Historically, Section 20 of the Judicature Act was a massive turning point for workers' rights in Ontario. Prior to this legislation, employers could often easily obtain court injunctions to stop union picketing or strikes. Section 20 severely restricted this power, establishing strict criteria before a judge could intervene in a "labour dispute." It required employers to prove not just that picketing was happening, but that there was actual danger of injury or property damage, and that local police were unable to manage the situation. Today, these exact protections live on under Section 102 of the Courts of Justice Act, ensuring that peaceful primary and secondary picketing are protected from rapid, one-sided corporate injunctions.
The second major legacy of the Judicature Act in employment law relates to court awards and damages. When a wrongfully dismissed employee sues for lost wages, years might pass between the termination date and the final court ruling. The Judicature Act established the statutory right to prejudgment interest—meaning the employer must pay interest on those lost wages for the time the employee spent waiting for justice. These calculation rules, determining whether interest applies to the whole amount or is staggered depending on when the wages would have been earned, are still debated today under the successor CJA.
Understanding how courts apply these statutory definitions is essential, whether you are a union defending a picket line or an individual claiming unpaid severance. Because mapping historical statutes to modern civil procedure involves complicated jurisdictional testing, anyone facing a civil employment lawsuit or a labour injunction should seek out a qualified legal professional to assess their specific circumstances.
Frequently Asked Questions
What happened to the Ontario Judicature Act?
The Ontario Judicature Act was repealed in 1984 and reorganized into the Courts of Justice Act (CJA). However, because many foundational employment and labour law cases were decided before 1984, the Judicature Act is still frequently cited in case law today.
Why do older wrongful dismissal cases talk about the Judicature Act for interest?
The Act contained the original statutory rules for awarding prejudgment interest on damages, compensating plaintiffs for the time they waited for a trial. Today, whenever a fired employee claims interest on their lost wages, they do so based on those same principles, now located in Section 128 of the Courts of Justice Act.
What did Section 20 of the Judicature Act do for striking workers?
Section 20 made it significantly harder for employers to get court injunctions to break up strikes or pickets. It recognized a statutory definition of a "labour dispute" and forbade judges from stopping picket lines unless there was proof of severe property damage, violence, or that police were incapable of controlling the crowd.
Does the court still follow the Judicature Act rules for secondary picketing?
Yes, but under the updated Courts of Justice Act. The foundational rulings that determined whether secondary picketing (picketing a related business rather than the direct employer) qualified as a protected "labour dispute" under the Judicature Act still guide how judges rule on modern injunction requests.
When should I consult an employment lawyer about court rules or injunctions?
If you are a worker facing a court injunction on a picket line, or an employee drafting a Statement of Claim for wrongful dismissal, you should speak to a lawyer immediately. Procedural laws like the modern Courts of Justice Act dictate strict filing deadlines and calculation methods that can severely impact your case if missed.
Common Scenarios
- A trade union engages in secondary picketing at a public warehouse that stores goods for their employer. The warehouse owner tries to get a quick injunction to stop them, but the court uses the historical definitions rooted in the Judicature Act to rule that this is a protected labour dispute requiring a much higher threshold of proof for court intervention.
- A senior executive is wrongfully dismissed and wins their lawsuit three years later. The judge consults the procedural rules originating from the Judicature Act (now the CJA) to calculate the exact prejudgment interest owed on the three years of lost wages.
- An employer attempts to secure an interlocutory injunction to shut down mass picketing at their office doors. The union’s legal team successfully argues that under the statutory requirements established for labour disputes, the employer hasn't proven that the local police are unable to handle the crowd peacefully.
What You Should Know
- If you are reading an older, landmark employment case that mentions the Judicature Act, remember to check how that specific section translates to today's Courts of Justice Act.
- Always ensure that you explicitly claim prejudgment and post-judgment interest in your initial wrongful dismissal pleadings, in accordance with Ontario's civil procedure statutes.
- If you are involved in union organizing or strikes, know that employers cannot bypass police forces by running straight to a judge for a standard injunction; labour disputes have elevated protections.
- Do not attempt to calculate complex damages, interest, and costs awards on your own; rely on an experienced employment litigator who understands the current procedural rules.
Featured Cases
Detroit & Windsor Subway Co. v. B. et al.
1980 CanLII 1710 (ON SC) · 1980-10-03This is a procedural ruling concerning labour relations, specifically addressing strikes and the application of the Judicature Act.
R. v. Lake Ontario Steel Co. Ltd.
1980 CanLII 1722 (ON SC) · 1980-05-28Wrongful Dismissal: Prejudgment Interest on Lost Wages
A wrongful dismissal case addressing the proper calculation of prejudgment interest on lost wages and whether the defendant's payment into court was sufficient to avoid costs. The court considered whether prejudgment interest should be included in determining if the plaintiff's recovery exceeded the payment into court.
Ford Motor Co. of Canada Ltd. v. M. et al.
1978 CanLII 1488 (ON SC) · 1978-06-06Secondary Picketing: Labour Dispute Definition
This is an interlocutory proceeding concerning an application for an injunction to restrain secondary picketing. The court addressed whether the picketing of a neutral third party's premises constituted a 'labour dispute' under section 20(1) of the Judicature Act, ultimately holding that the plaintiff was outside the economic context of the dispute and that section 20 did not apply.
Ford Motor Co. of Canada Ltd. v. B. et al.
1978 CanLII 1391 (ON SC) · 1978-04-21This is a procedural ruling concerning labour relations, specifically addressing issues of picketing and secondary picketing under the Judicature Act.
MCA Canada Ltd. v. L. et al.
1975 CanLII 621 (ON SC) · 1975-10-08Labour Relations: Meaning of Reasonable Notification
This is an interlocutory proceeding concerning an injunction application in a labour relations dispute. The central legal issue is the interpretation of 'reasonable notification' under the Judicature Act, s. 20(6) and (7).
Sasso Disposal Ltd. v. W. et al.
1975 CanLII 402 (ON SC) · 1975-09-19Labour Dispute: Injunction Denied for Related Company Picketing
This is an interlocutory proceeding where the plaintiff sought an injunction to prevent picketing by employees of a related company who were on lawful strike. The court determined that the dispute constituted a 'labour dispute' under the Judicature Act and denied the injunction because the plaintiff failed to provide evidence of danger to property or persons.
A. v. Du Pont of Canada Ltd.
1975 CanLII 378 (ON SC) · 1975-07-31Wrongful Dismissal: Counterclaim Struck Out for Lack of Connection
This is a procedural ruling concerning the permissibility of counterclaims in a wrongful dismissal action. The court addressed whether a counterclaim seeking payment under a guarantee and promissory note from 1960 was sufficiently connected to the plaintiff's wrongful dismissal cause of action arising in 1974. The court struck out the counterclaim, finding an insufficient connection between the two matters.
Dominion Auto Transit Co. Ltd. v. C. et al.
1974 CanLII 701 (ON SC) · 1974-08-15Labour Dispute: Secondary Picketing and Interim Injunction
A case involving a labour dispute over secondary picketing, where employees of one company picketed a third-party company's premises without any direct relationship or bargaining dispute. The court examined whether the plaintiff was entitled to relief for unlawful interference with its operations and interpreted the meaning of 'labour dispute' under the Judicature Act. The court granted an interim injunction due to irreparable harm caused by the picketing.
Nedco Ltd. v. N. et al.
1973 CanLII 470 (ON SC) · 1973-06-13Secondary Picketing: Injunction Application Dismissed
This is an interlocutory proceeding regarding an application for an injunction to stop secondary picketing at the plaintiff company's premises. The court examined whether the plaintiff was a real party to the dispute with the struck company and whether the statutory requirements for an injunction under section 20 of the Judicature Act were met, specifically regarding irreparable harm and police assistance.
Texpack Ltd. v. R.
1971 CanLII 630 (ON CA) · 1971-09-07This is an interlocutory proceeding concerning a labour relations dispute, specifically involving an application for an injunction to limit picketing under the Judicature Act.