Secondary Picketing — Ontario Employment Law

Purolator Inc. v. Canadian Union of Postal Workers

Secondary Picketing as Labour Dispute

This is a motion to quash an appeal to the Court of Appeal from a motion judge's interim injunction orders regarding secondary picketing. The parties were Purolator Inc. and the Canadian Union of Postal Workers, whose members picketed a Purolator facility while on strike against Canada Post. The motion judge granted an injunction under general rules, deciding that secondary picketing was not a labour dispute under section 102 of the Courts of Justice Act. The Court of Appeal determined that the broad statutory definition of a labour dispute encompasses secondary picketing, meaning section 102 governed the original injunction. As a result, the union's right to appeal directly to the Court of Appeal stands, and the employer's motion to quash the appeal was dismissed.

Purolator Inc. v. J.D. et al.

This is an interlocutory proceeding concerning the appropriateness of granting an ex parte injunction against union members engaged in secondary picketing at third-party premises. The court addressed whether section 102 of the Courts of Justice Act applies to such picketing, the distinction between primary and secondary picketing, and the application of common law nuisance principles in the context of labour disputes.

Purolator Inc. v. J.D. et al.

Secondary Picketing Injunction: Private Property Access

This is an interlocutory proceeding concerning an application for an interim injunction to stop secondary picketing at a private property. The court addressed whether obstructing entry and exit from a logistics facility constitutes unlawful conduct justifying injunctive relief and whether section 102 of the Courts of Justice Act applies to secondary picketing by non-employees.

Service Corporation International (Canada) v. Service Employees International

This is a procedural ruling concerning jurisdiction in a labour law dispute involving secondary picketing and the issuance of injunctions.

Lower Lakes Towing Ltd v. United Steelworkers Local 1005

Unlawful Secondary Picketing: Interim Injunction Granted

This is an interlocutory proceeding where the applicant sought an interim injunction to prevent interference with its ships entering and leaving Hamilton Harbour due to protestors obstructing a bridge. The court addressed whether the obstruction constituted unlawful secondary picketing, applying the Supreme Court of Canada's decision in Pepsi-Cola, and granted the injunction while correcting a misnomer in the respondent's name.

Ledcor Industries Ltd. v. Sheet Metal Workers' International Ass.

This is an interlocutory proceeding concerning the principles governing the grant of an injunction in the context of secondary picketing by a trade union.

Interforest Ltd. v. W.

Picketing at Private Residences: Injunction Granted

This is an interlocutory proceeding concerning a labour dispute where striking employees engaged in picketing at the private residences and drop-off sites of managerial and non-managerial employees. The court addressed whether such residential picketing constituted secondary picketing or unlawful interference with property rights, balancing workers' rights to free expression against employees' privacy rights. An injunction was granted to limit picketing within 500 feet of employees' homes to protect their privacy and prevent harassment, but denied for drop-off sites.

683481 Ontario Ltd. v. B.

Labour Dispute: Alter Ego & Secondary Picketing

This is an interlocutory proceeding concerning an application for an interim injunction in the context of a labour dispute. The court addressed whether the plaintiff was an alter ego of Stelco, thereby participating in the labour dispute, and whether the defendants' picketing constituted unlawful secondary picketing. The court denied the injunction, finding that a labour dispute existed and the picketing was lawful.

Canadian Pacific Ltd. v. Weatherbee et al. Canadian Pacific Ltd. v. P. et al.

Secondary Picketing: Labour Dispute Definition

This is a merits decision regarding secondary picketing by employees of a subsidiary at the premises of their parent company. The court addressed whether the picketing constituted a 'labour dispute' under section 20 of the Judicature Act and whether the provincial legislation was ultra vires as applied to federally regulated undertakings. The court held that the definition of a labour dispute is broad enough to include secondary picketing and that the provincial legislation was valid, resulting in a decision that injunctions should not issue.

Ford Motor Co. of Canada Ltd. v. M. et al.

Secondary 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.

This is a procedural ruling concerning labour relations, specifically addressing issues of picketing and secondary picketing under the Judicature Act.

Neumann and Young Ltd. v. O. et al.

This is an interlocutory proceeding regarding an ex parte injunction application against union members engaged in secondary picketing at a public warehouse operator's premises. The court addressed whether the picketing constituted a 'labour dispute' under the Judicature Act and whether the warehouse premises qualified as a 'place of business' of the struck employer.

Al Sugar Contracting & Excavating Ltd. v. C. et al.

Secondary Picketing Injunction: No Direct Labour Dispute

An interlocutory proceeding in which the applicant sought an interim injunction to restrain a union from secondary picketing at a construction site. The court examined whether a 'labour dispute' existed under the Judicature Act given that no carpenters were employed on site, and determined the picketing was unlawful and caused irreparable harm, granting the injunction.

Dominion Auto Transit Co. Ltd. v. C. et al.

Labour 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.

Commonwealth Holiday Inns of Canada Ltd. v. S. et al.

Secondary Picketing: Injunction Dismissed in Labour Dispute

This is an interlocutory proceeding regarding an application for an injunction to restrain union picketing. The court found that the picketing was directly connected to a lawful labour dispute between the union and the employer, leading to the dismissal of the motel owner's application.

Inglis Ltd. v. R. et al.

Labour Law: Secondary Picketing and Ex Parte Injunctions

This is an interlocutory proceeding concerning an ex parte application for an injunction to restrain picketing. The court addressed whether picketing at a different plant of the same employer constitutes secondary picketing or an act in connection with a labour dispute, and whether an injunction could be granted ex parte under the Judicature Act.

Domtar Chemicals Ltd. v. L. et al. (No. 2)

Secondary Picketing Injunction: Labour Relations Case

This is an interlocutory proceeding concerning an injunction granted to restrain secondary picketing by striking employees at a separate plant unrelated to their labour dispute. The court found that the picketing caused irreparable harm to the business operations of the unaffected entity and induced a breach of the collective agreement.

Nedco Ltd. v. N. et al.

Secondary 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.

J.S. Ellis & Co. Ltd. v. W. et al.

Secondary Picketing Injunction: No Direct Labour Dispute

This is an interlocutory proceeding where the plaintiff sought an injunction to restrain secondary picketing by union members who were protesting government policy by interfering with the unloading of a ship. The court granted the injunction, holding that secondary picketing is unlawful in the absence of a direct labour dispute and that freedom of speech does not justify such interference with the plaintiff's business interests.

CTV Television Network Ltd. v. K. et al.

Secondary Picketing: Ex Parte Injunctions & Unlawfulness

This is a procedural ruling regarding ex parte injunctions in the context of secondary picketing. The court addressed whether section 20(2) of the Judicature Act prohibits such injunctions, found no labour dispute between the plaintiff and defendants under section 20(1), and deemed secondary picketing unlawful per se. It also determined that a Local Judge had jurisdiction to grant and later rescind the injunction due to emergency circumstances and lack of notice.