During a lawful strike, picketers consistently obstructed the employer's vans from entering and exiting the plant until police arrived.
The employer obtained an interlocutory injunction after police could not guarantee immediate assistance.
The union appealed, arguing the condition precedent in s. 102(3) of the Courts of Justice Act was not met because police eventually provided access.
The Court of Appeal dismissed most of the appeal, finding that reasonable efforts to obtain police assistance had failed to result in an acceptable degree of control.
However, the Court allowed the appeal in part by striking the term limiting the number of picketers to four, holding that it unreasonably restricted the employees' right of expression.
