Ryan David White

The Court of Appeal for Ontario considered whether an injunction restraining secondary picketing by the Canadian Union of Postal Workers at a Purolator facility was governed by section 101 or section 102 of the Courts of Justice Act.

The majority held that the definition of "labour dispute" in section 102 encompasses secondary picketing, and therefore, the appeal route lies to the Court of Appeal without leave under section 102(10).

The dissenting judge would have quashed the appeal, holding that the order was made under section 101 and thus appealable only to the Divisional Court with leave.

The Court of Appeal for Ontario heard a motion by 94 former employees (proposed interveners) to intervene as an added party in an appeal between 2505243 Ontario Limited and Princes Gates GP Inc. The employees sought to protect a $2.063 million fund set aside for their potential termination claims by the trial judge.

The motion was opposed by Princes Gates GP Inc., while 2505243 Ontario Limited took no position.

The court dismissed the motion, finding that although the proposed interveners had a direct financial interest, their submissions would largely duplicate those of 2505243 Ontario Limited and risked introducing a new, unlitigated issue (common employer) from a separate class proceeding.