Facts: Premier sought an urgent injunction to prevent Unifor from blocking access to Del Monte Fresh Produce's premises during a strike. Unifor began lawful strike action after collective bargaining negotiations stalled.
Ruling: The Ontario Superior Court of Justice granted Premier's motion for an interim injunction, prohibiting Unifor and its agents from obstructing access to Del Monte's premises.
Key Points:
The court found Premier had standing to bring the motion.
The right to picket does not include rights to unlawful obstruction.
The balance of convenience favored granting the injunction to prevent irreparable harm to Premier and Del Monte.
Amount Awarded: Premier was deemed presumptively entitled to costs, with parties encouraged to agree on an amount.