Anthony Francis Dale

This costs endorsement follows the granting of an interlocutory injunction to restrain a blockade at the applicant’s premises.

The court considered written submissions on costs and, applying the relevant legal principles and factors, ordered the respondents to pay the applicant $14,000 on a partial indemnity basis.

The decision reviews the purposes of costs, proportionality, and the appropriateness of awarding costs forthwith after an interlocutory injunction, referencing relevant case law and statutory provisions.

The court granted an interlocutory injunction to Titan Tool & Die Limited, restraining Unifor, its Local 195, and named individuals from blockading the applicant’s premises and obstructing the removal of customer-owned tooling.

The decision addresses whether the dispute was a “labour dispute” under the Courts of Justice Act, the procedural and jurisdictional issues raised, and the application of the RJR-MacDonald test for interlocutory injunctions.

The court found the protest was not a labour dispute, that the requirements for an injunction were met even if it were, and that the balance of convenience, irreparable harm, and serious issue to be tried all favoured granting the injunction.

Premier Implementation Solutions Canada Inc. sought an urgent interim injunction against Unifor, Local 222, to prevent obstruction of ingress and egress at Del Monte Fresh Produce (Canada) Corp. premises during a lawful strike.

Premier argued that Unifor's actions constituted unlawful picketing and nuisance, causing irreparable harm due to spoilage of fresh produce and potential loss of clients.

Unifor challenged the motion on grounds of union suability, failure to name individuals, and Premier's standing.

The court granted the injunction, finding a serious issue to be tried, irreparable harm to Premier and Del Monte, and that the balance of convenience favored Premier, as the injunction only prevented unlawful obstruction, not lawful picketing.

Yellow Corporation, as Foreign Representative for itself and its Canadian affiliates (the Canadian Debtors), brought a motion under section 49 of the Companies’ Creditors Arrangement Act (CCAA) to recognize and enforce various orders (U.S. Orders) issued by the United States Bankruptcy Court for the District of Delaware in their Chapter 11 proceedings.

The motion, which was unopposed, sought to preserve the value of the Canadian Debtors and business during the wind-down and sale efforts.

The court granted the motion, finding it necessary for the protection of the debtors' property and creditors' interests, and consistent with principles of comity and public policy.

The appellant union appealed an injunction granted during a labour dispute that had enjoined a blockade of the employer's premises.

The union had admitted the illegality of their actions and irreparable harm.

The appeal argued that the injunction's terms unnecessarily restrained lawful strike activity.

The Court of Appeal dismissed the appeal as moot because the underlying dispute had been settled.

The court declined to exercise its discretion to hear the moot appeal, finding the motion judge's decision was fact-specific and did not raise questions of public importance beyond the resolved dispute.

The plaintiff, Metro Ontario Inc., sought an interim injunction against the defendants, Unifor and its Local 414, and individual picketers, to restrain unlawful interference with its operations during a labour dispute.

The court granted an interim order, setting specific conditions for picketing, including limitations on vehicle delays at premises entrances and prohibitions on impeding emergency vehicles, security personnel, pedestrians, and access to a specific Food Basics store.

The motion was adjourned for further hearing.

The plaintiff, General Motors of Canada Company, sought an injunction to restrain the defendants, including Unifor Canada and several individuals, from obstructing access to its headquarters.

The defendants had established a blockade following GM's announcement of a plant closure.

The court applied the three-part test for injunctive relief in labour disputes, finding that while GM established a prima facie case of nuisance, it failed to demonstrate irreparable harm not compensable by damages.

The court also considered the balance of convenience, acknowledging the significant impact of GM's decisions on autoworkers' livelihoods.

Ultimately, the court declined to exercise its discretion to grant the injunction.