The appellant union, involved in a labour dispute with Purolator, threatened to picket the respondent, a third-party courier company doing business with a company connected to Purolator.
The respondent obtained an interlocutory injunction based on the common law tort of inducing breach of contract.
The union appealed, arguing the injunction violated its freedom of expression under the Charter.
The Supreme Court of Canada dismissed the appeal, holding that while picketing is a form of expression, the Charter does not apply to private litigation between private parties relying solely on the common law.
The Court further noted that even if the Charter applied, the injunction against secondary picketing would be a reasonable limit under section 1.
