Hendrik Nieuwland

The plaintiff construction manager sought an urgent hearing for an injunction to prevent the defendant union from allegedly intimidating a masonry contractor's employees into refusing to work.

The developer, Westbank, sought and was granted intervenor status.

The court declined to schedule the injunction motion on an urgent basis, finding that the delay in bringing the action was strategic and the alleged urgency was self-induced.

The parties were directed to schedule a regular motion date.

The plaintiff brought a motion under Rule 25.11 to strike portions of the defendant's statement of defence in a wrongful dismissal action.

The plaintiff sought to strike allegations of performance issues, arguing they were irrelevant as the termination was without cause, and allegations of a settlement offer.

The court agreed, finding the performance issues were not tied to the bonus claim as argued by the defendant, and that pleading a settlement offer or a 'reasonable termination arrangement' was irrelevant and improper.

The motion was granted and the offending paragraphs were struck.

The applicants, a minority shareholder and its principal, sought an oppression remedy against the majority shareholder and his holding company in a family-owned transportation business.

The court found that the majority shareholder unfairly disregarded the applicants' interests by excluding the individual applicant from management, terminating his employment, paying excessive compensation to himself and his spouse, and improperly deducting expenses from the minority shareholder's dividends.

The court ordered the respondents to purchase the minority shares for $1,592,000 based on a February 2019 valuation and to pay $80,902.67 in compensation for unpaid dividends.

The plaintiff union sued former employees and officials associated with a rival union following the creation of a new local that successfully organized workers previously represented by the plaintiff.

The plaintiffs alleged breaches of fiduciary duty, breach of employee duties of loyalty and confidentiality, and unlawful interference with contractual relations.

The court held the principal departing employee was not a fiduciary and that most information used in the organizing campaign was either public or not proven to have been misused.

However, several former employees breached basic duties of loyalty by preparing and initiating a competing organizing campaign before resigning and by failing to give reasonable notice of departure.

The court rejected claims of tortious interference against the rival union and its representatives.

Limited damages were awarded against the former employees for breach of employee duties.