The plaintiff, a cargo handler at Pearson International Airport, sought an interlocutory injunction to restrain picketing by the defendant union, which was engaged in a legal strike against a neighbouring employer.
The plaintiff was not a party to the labour dispute but its operations were disrupted.
The court found that the plaintiff met the test for an interlocutory injunction, relying on issue estoppel from a previous injunction granted to the airport authority.
However, the court declined to grant the broader injunction sought by the plaintiff, instead limiting the order to the terms of the existing picketing protocol established in the previous order.