Purolator Inc. sought and was granted an injunction against unknown persons, including members of the Canadian Union of Postal Workers (CUPW), who were obstructing access to and egress from its Scarborough facility.
The court determined that the special rules for labour injunctions under section 102 of the Courts of Justice Act did not apply, as Purolator was a third party to the Canada Post-CUPW labour dispute and not an alter ego of Canada Post.
Applying the conventional test for an interim injunction, the court found a strong prima facie case of nuisance due to prolonged obstruction, irreparable harm to Purolator's critical delivery services, and that the balance of convenience favored granting the injunction.
The court also addressed the lack of prior notice to CUPW for the initial ex parte order, noting it was problematic but did not warrant refusing the injunction given the strength of Purolator's case.
