H. Pessione is an Ontario lawyer with 3 court cases on record from 2012 to 2013.

What courts has H. Pessione appeared in?

H. Pessione has appeared in Superior Court of Justice.

How many cases has H. Pessione handled?

H. Pessione has 3 cases on record from 2012 to 2013.

What judges has H. Pessione appeared before?

H. Pessione has most frequently appeared before Justice D.M. Brown, Justice D. M. Brown.

H. Pessione | Lawyer

3 total

Canadian National Railway Company v. Doe et al., 2013 ONSC 115

The plaintiff railway company sought an ex parte interim injunction to restrain protestors from blockading its Toronto-Montreal main line.

The protestors, who were members of a First Nation, claimed to be showing support for First Nations chiefs in an upcoming meeting with the Prime Minister.

The court granted the injunction, finding that the plaintiff had established a strong case of trespass and tortious interference, and that the blockade was causing irreparable harm to the plaintiff and its customers.

The court held that neither the expressive nature of the protest nor the aboriginal identity of the protestors altered the balance of convenience, which overwhelmingly favoured the plaintiff.

SCJJan 7, 2013

Applicant Counsel

Canadian National Railway Company v. Plain et al., 2012 ONSC 7356

The plaintiff railway company sought to continue an interim injunction restraining aboriginal protesters from blockading its spur line.

The blockade was causing irreparable economic harm to the plaintiff and its customers.

The local police had refused to enforce the initial injunction, citing a desire to negotiate a peaceful resolution and maintain goodwill with the aboriginal community.

The court found that the protesters were trespassing and that the balance of convenience favoured the plaintiff.

The court continued the injunction, removing a clause that explicitly recognized police tactical discretion, but declined to schedule contempt proceedings due to the police's unwillingness to enforce the court's orders.

SCJDec 27, 2012

Applicant Counsel

Canadian National Railway Company v. Chief Chris Plain, 2012 ONSC 7348

The plaintiff railway company brought an ex parte motion for an interim injunction to restrain protesters from blocking its Spur Line on the Chippewa of Sarnia First Nation Reserve.

The protesters were blocking the tracks to protest federal legislation (Bill C-45).

The court applied the RJR-MacDonald test and found a serious issue to be tried regarding trespass, irreparable harm due to significant economic disruption, and that the balance of convenience favoured the plaintiff since the protest was directed at the federal government, not the property owner.

The court granted the interim injunction for a limited duration.

Applicant Counsel