Appellant
Respondent
Background: Vancouver Shipyards Co. Ltd. and Vancouver Drydock Company Ltd. sought injunctions to stop the Canadian Merchant Services Guild and its members from picketing near their business locations. The Guild, representing tug boat captains and engineers, was on strike against Seaspan ULC, the parent company of the plaintiffs. Although the underlying labour dispute was resolved, the plaintiffs pursued an appeal, arguing an important legal issue was at stake.
Legal Arguments/Issues: The appellants contended that an "unlawful act" was not required for the tort of inducing breach of contract. They also challenged the admissibility of certain evidence and claimed the respondents engaged in a conspiracy to injure. The respondents argued that the "unlawful act" was necessary, particularly for picketing, and highlighted that the appellants were not innocent third parties. They emphasized that the principles governing secondary picketing and the tort of inducing breach of contract were well established in law.
Held: The court dismissed the application for leave to appeal, noting that the law on injunctions against secondary picketing was well settled. It found no significant legal issue warranting judicial resources, especially since the dispute had been resolved. The court ruled that peaceful, non-tortious picketing was protected under the Charter's freedom of expression and that the appellants' new arguments were not properly raised on appeal.
Costs/Damages Awarded: The document did not specify any costs or damages awarded to the successful party, as the appeal was dismissed due to mootness and lack of substantial legal questions.
Court
Court of Appeals for British ColumbiaCase Number
CA48629; CA48630Practice Area
Labour lawAmount
Winner
RespondentTrial Start Date
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