2 total
Costs awarded after largely unsuccessful motion and false affidavit evidence.
Following a motion in a labour dispute concerning airport picketing activity, the court addressed the issue of costs.
The moving parties sought relief relating to noise-making during picketing or relocation of picketers closer to airport entrances, but the motion was largely unsuccessful.
Although the court vacated certain trespass notices and relocated the picketers to a more visible area, it found that the plaintiff achieved the more favourable result and incurred significant costs responding to the motion.
The court was particularly critical of false statements made in an affidavit by one of the moving parties, which required cross-examination and additional evidence to refute.
Costs were awarded to the plaintiff on a partial indemnity basis.
Airport picketing injunction varied to prohibit drumming and relocate protest area.
Union members subject to an injunction restricting protest activity at an international airport brought a motion to clarify or vary the existing order.
The dispute concerned whether drumming and other loud noise-making during picketing violated the injunction and whether trespass notices issued to certain union members were valid.
The court found the noise created a nuisance interfering with airport operations and safety obligations, particularly the ability to communicate during emergencies.
The injunction was varied to relocate picketers to a designated grassy area near the parkade and to prohibit the use of drums, improvised percussive devices, or amplification devices on airport premises.
Trespass notices issued to several individuals were ordered withdrawn.
