Case 2024 ONSC 6696 (November 30, 2024):
- Purolator sought and obtained an ex parte interim injunction to prevent secondary picketing at its Scarborough facility.
- The injunction was granted on the grounds that the picketing obstructed vehicles leaving the facility, leading to significant operational delays.
- Legal findings:
- Secondary picketing, as conducted, did not qualify under the labour dispute provisions of Section 102 of the Courts of Justice Act.
- Blocking exits constituted a nuisance and potential violation of the Criminal Code.
Case 2024 ONSC 6812 (December 6, 2024):
- After hearing arguments with notice to the Canadian Union of Postal Workers (CUPW), the injunction was upheld.
- The court found Purolator demonstrated a strong prima facie case of nuisance and irreparable harm due to prolonged delays impacting critical deliveries, including medical supplies.
- The court required Purolator to designate space for informational picketing on its premises to balance CUPW’s rights to protest.
Case 2024 ONSC 7037 (December 16, 2024):
- The court extended the injunction for an additional 30 days.
- CUPW’s requests to narrow the scope of the injunction and remove clauses on inducing breach of contract were rejected.
- The court emphasized that obstruction of third-party facilities is impermissible while informational picketing remains allowed.
Outcomes:
- Final Injunction: Secondary picketing obstructing Purolator’s operations was prohibited for at least 30 days from December 16, 2024.
- Permitted Actions: Informational picketing allowed in designated areas without obstructing operations.
No specific monetary awards were stated.