The appellant union engaged in secondary picketing at the respondent's premises during a lawful strike against Canada Post.
The respondent obtained an ex parte injunction under s. 101 of the Courts of Justice Act.
The union appealed, arguing the injunction should have been governed by s. 102, which requires notice for injunctions connected to a labour dispute.
Although the underlying dispute had settled and the appeal was moot, the Court of Appeal exercised its discretion to hear the case.
The Court held that s. 102 applies whenever an injunction is sought to restrain picketing that has an identifiable and distinct connection with an underlying labour dispute, regardless of whether the moving party is a direct disputant.
Because the required notice under s. 102 was not provided, the injunction was issued without jurisdiction and was set aside.
