DATE: 2001607 DOCKET: C35058

COURT OF APPEAL FOR ONTARIO

RE:

INDUSTRIAL HARDWOOD PRODUCTS (1996) LTD. (Plaintiff/Respondent) v. JOSEPH HANLON and KEN PAQUETTE in their representative capacity as Area Representatives of INTERNATIONAL WOOD AND ALLIED WORKERS OF CANADA, LOCAL 2693, JIM HOGAN and DAN TESSIER in their capacity as Picket Captains and on behalf of the members of the aforementioned Union (Defendants/Appellants)

BEFORE:

OSBORNE A.C.J.O., CATZMAN and CHARRON JJ.A.

COUNSEL:

Paul Trudelle

for the appellants

Roderick Johansen

for the respondent

HEARD:

June 4, 2001

RELEASED ORALLY:

June 4, 2001

On appeal from the order of Justice John F. McCartney, dated September 13, 2000.

E N D O R S E M E N T

[1] The order in question prohibited picketing or attempted picketing “at or adjacent to the respondent’s business premises located at 106th Street, Mission Island, in the City of Thunder Bay”. The appellants submit that the order is ambiguous as to the location of the proscribed picketing. We disagree. In our view, the picketing in issue here took place at the respondent’s business premises. Given the geographic location of those business premises, we are satisfied that the reference to the location in the order could be referable only to the location where the picketing was proved to have occurred. This would be so even if there was more than one entrance to the respondent’s business premises.

[2] We did not call on the respondent on the issue of penalty. In our view, our interference with the penalties imposed is not warranted.

[3] Accordingly, the appeal is dismissed with costs.

“C.A. Osborne A.C.J.O.”

“M.A. Catzman J.A.”

“Louise Charron J.A.”