Laurie Kent

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.

The applicant sought judicial review of an interest arbitration award that imposed a province-wide collective agreement.

The Arbitrator was appointed under the Labour Relations Act to resolve a dispute in the residential construction sector.

The applicant argued the Arbitrator's jurisdiction was statutorily limited to the Greater Toronto Area (GTA).

The Divisional Court agreed, finding that the legislation expressly restricted the Arbitrator's authority to the GTA and that he could not use a regulation to expand his jurisdiction and interfere with the parties' right to strike or lockout outside the GTA.

The non-GTA portion of the award was quashed.