Blockade

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.

The plaintiff sought an ex parte interim injunction to restrain secondary picketing at its facility by individuals associated with a union engaged in a strike against the plaintiff's majority shareholder.

The picketers blockaded the facility, significantly delaying the departure of delivery vehicles, including those carrying critical medical supplies.

The court found that the statutory rules for labour injunctions did not apply because there was no labour dispute between the plaintiff and the picketers.

Applying the test for a conventional interim injunction, the court granted the injunction, finding a serious issue to be tried regarding unlawful obstruction, irreparable harm to the plaintiff and its customers, and a balance of convenience favouring the plaintiff.

The plaintiffs, CRH Canada Group Inc. and intervenor Nelson Aggregates, sought an interlocutory injunction against the Ontario Aggregate Trucking Association, Ontario Dumptruck Association, and several individuals.

The defendants were blocking access to the plaintiffs' business facilities to compel an increase in haulage rates and impose a fuel surcharge.

The court applied the RJR-MacDonald test, finding a serious issue to be tried in nuisance and unlawful interference with private property rights, irreparable harm due to economic impact and difficulty in collecting damages, and that the balance of convenience strongly favored the plaintiffs.

The defendants did not appear or file materials.

The injunction was granted, prohibiting blockades and interference with access, while affirming the defendants' right to lawful, peaceful protest.

The Automotive Parts Manufacturers' Association (APMA), supported by the City of Windsor and the Attorney General of Ontario, brought a motion for an interim interlocutory injunction to restrain a protest that had obstructed access to the Ambassador Bridge in Windsor, Ontario.

The protest, related to COVID-19 restrictions, caused significant economic harm to the automotive industry and disrupted the local community.

The court applied the three-part RJR-MacDonald test for injunctions and the modified test for statutory injunctions to enforce municipal by-laws.

The court found overwhelming evidence of serious issues to be tried (public nuisance, intentional interference with economic relations) and irreparable harm to the economy and community.

It concluded that the balance of convenience strongly favored granting the injunction, emphasizing that Charter rights to freedom of expression do not extend to unlawful acts that impede public access and cause substantial harm.

The plaintiff developer and the municipality sought a permanent injunction against protesters occupying a residential development site and blocking public roads.

The court found the leader of the protesters in contempt for refusing to obey interlocutory injunctions and struck his pleadings, denying him further participation.

The court granted the permanent injunctions, finding the developer had good title, the protesters' self-help remedies and blockades were unlawful, and there was a serious risk of ongoing harm and violence.

The plaintiff developer and the municipality brought motions for interlocutory injunctions to remove protesters who had occupied a residential development site and blockaded public roads.

The protesters, asserting an indigenous land claim outside of the court process, did not participate in the proceedings.

The court applied the RJR-MacDonald test and granted the injunctions, finding serious issues to be tried, irreparable harm to the developer and the community, and that the balance of convenience favoured upholding the rule of law.

Canadian National Railway Company (CN) sought an injunction to prevent unnamed protesters from trespassing on its lands and blockading its trains at its Brampton intermodal terminal.

Protesters had previously caused significant delays and safety risks while expressing outrage over police brutality.

The court granted the injunction, affirming that while freedom of expression is a Charter right, it does not extend to unlawful acts such as trespassing, endangering others, or disrupting legitimate business operations.

The court applied the three-part test for an interim injunction, finding a strong case for CN, irreparable harm, and the balance of convenience favoring the railway.

The plaintiff, Canadian National Railway Company, sought to continue an interim injunction against protestors blockading its main rail line and to compel OPP officers to identify the protestors for contempt proceedings.

The court validated service of the motion record, continued the injunction, finding a serious issue to be tried, irreparable harm, and balance of convenience favoring the plaintiff.

The court also granted leave to examine an OPP officer to identify the protestors, expressing concern over police inaction in enforcing the initial order.

Following a successful motion by the plaintiff for an interlocutory injunction to prevent interference with the completion of a transmission project, the court determined the issue of costs.

The court rejected the defendants' argument that costs should be reserved to the trial judge, finding that the injunction effectively resolved the main issue in dispute.

Costs were awarded forthwith on a partial indemnity basis, fixed at $50,000 jointly against the institutional defendants and $15,000 against each of the two individual leaders of the blockade.

No costs were awarded against the remaining individual defendants.

Hydro One brought a motion for an interim and interlocutory injunction to prevent the defendants from interfering with the completion of the Niagara Reinforcement Project (NRP).

The defendants, asserting indigenous rights and jurisdiction, had blocked access to the construction site.

The court applied the RJR-MacDonald test, finding a strong prima facie case of trespass, irreparable harm due to potential financial losses and safety risks, and that the balance of convenience favoured granting the injunction.

The court also held that as a private entity, Hydro One owed no duty to consult.

The injunction was granted.

The plaintiff railway company sought an ex-parte interim injunction to clear a blockade by unknown protesters on its Toronto to Montreal Main Line.

The blockade halted significant freight and passenger traffic, causing severe economic and operational disruptions.

Applying the R.J.R. MacDonald test, the court found a serious question to be tried regarding trespass, irreparable harm to the plaintiff and the public, and that the balance of convenience overwhelmingly favoured the plaintiff.

The court granted the interim injunction for ten days.

The alleged contemnor, Ron Plain, brought a motion for extensive disclosure in a civil contempt proceeding arising from a railway blockade.

He sought the disclosure to mount a novel Charter challenge and collateral attack against the underlying injunction.

The court dismissed the motion, holding that a collateral attack on a valid court order is not permitted in contempt proceedings.

Furthermore, applying a contextual approach to civil contempt, the court found that the extensive disclosure sought was not necessary, particularly given that the applicant sought only costs as a sanction.

The plaintiff employer brought a motion for an interlocutory injunction restraining union members from blockading its premises and engaging in intimidation and other unlawful conduct during a labour dispute.

Evidence established that picketers blocked trucks carrying materials from entering or leaving the employer’s facility and intimidated employees who continued working at residential construction sites.

The court held that picketing is lawful only when it constitutes communication and not obstruction or blockade.

The deliberate obstruction of property access and threats against workers constituted tortious and unlawful conduct, satisfying the requirements for interlocutory relief.

The court found a serious issue to be tried, irreparable harm, and a balance of convenience favouring the employer.

An interlocutory injunction was granted establishing an ingress/egress protocol and prohibiting tortious and unlawful conduct by union members.

The plaintiff, Canadian Pacific Railway Company, sought to convert an interim injunction into a permanent injunction to restrain the defendant truck drivers from picketing and blockading its Vaughan Intermodal Terminal.

The defendants, who were independent contractors for trucking companies serving CPR, had been protesting pay cuts.

Following reports of vandalism and safety concerns, the court found that the plaintiff met the test for an injunction and ordered that the existing interlocutory injunction be made permanent pending trial.

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.

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.

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.