Court File and Parties
Court File No.: CV-22-00679338-0000 Date: 2022-04-06 Superior Court of Justice - Ontario
Re: METRO ONTARIO INC., Plaintiff – and – UNIFOR AND ITS LOCAL 414, ADOLF (EDDIE) FORTUNA, BLAIR YOUDEN, DARRYLL SMITH, DAN RIGGI, DONALD SPARKS, SHAWN GIORDMANIA, MARLIN PIERRE, DAVY ANANIA, TERRY FRASER, EDWARD TENNANT AND OTHER PRESENTLY UNIDENTIFIED PICKETERS, Defendants
Before: E.M. Morgan J.
Counsel: Kim Pepper and Bonnie Roberts Jones, for the Plaintiff Anthony Dale and Laura Sullivan, for the Defendants
Heard: April 6, 2022
Endorsement
[1] The parties are involved in a labour dispute. The Plaintiff seeks an Order in the nature of an injunction restraining the Defendants from engaging in conduct that the Plaintiff alleges amounts to unlawful interference with its operations.
[2] Having regard to the facts as they appear in the motion material, and keeping in mind the large amount of food products in the possession of the Plaintiff that could be spoiled in the time pending this adjudication, an interim order is called for in the terms set out in the draft Order appended hereto as Schedule A. These terms shall be in place until the end of the day on Monday, April 11, 2022, or until further Order of this Court.
[3] The motion is adjourned to Monday, April 11, 2022. I am not seized.
Morgan J. Date: April 6, 2022
Schedule A
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE WEDNESDAY, THE 6TH MR. JUSTICE MORGAN DAY OF APRIL, 2022
B E T W E E N:
METRO ONTARIO INC. Plaintiff
- and -
UNIFOR AND ITS LOCAL 414, ADOLF (EDDIE) FORTUNA, BLAIR YOUDEN, DARRYLL SMITH, DAN RIGGI, DONALD SPARKS, SHAWN GIORDMANIA, MARLIN PIERRE, DAVY ANANIA, TERRY FRASER, EDWARD TENNANT AND OTHER PRESENTLY UNIDENTIFIED PICKETERS Defendants
ORDER
THIS MOTION, made by the Plaintiff for injunction requiring the Defendants, their respective agents, servants and persons acting under their instruction or anyone aiding or assisting them and those to whom notice of the Order shall come to cease and desist from blockading, obstructing or impeding access or egress of any person or vehicle onto or out of the Plaintiff’s premises at 5559 Dundas Street West, Toronto; 25 Vickers Road and 75 Vickers Road, Toronto; 170 and 190 The West Mall, Toronto (the “Metro Premises”) and on or adjacent to the roads, highways or public sidewalks leading thereto, was before the Court by way of virtual Case Conference at the court house, 330 University Avenue, 9th Floor, Toronto, ON M5G 1R7.
ON READING the Notice of Motion, Motion Record and Factum of the Plaintiff and on hearing the submissions of counsel for Metro Ontario Inc. and for Unifor, the other Defendants having not been served with the Motion,
THIS COURT ORDERS that:
The Defendants, their respective agents, servants, and persons acting under their instructions, or instructions of any of them, or anyone aiding or assisting them or any one of them and those to whom notice of this order shall come, (the “Picketers”) be restrained until 11:59 p.m. on Monday, April 11, 2022 or other disposition of this Action, from unlawfully blocking, obstructing, impeding, delaying the immediate and unobstructed access to or exit from any of the Metro Premises or the premises of Wilson Truck Lines located at 111 The West Mall, Toronto, (collectively, the “Premises”) (including on or adjacent to the roads, highways or public sidewalks leading thereto) or otherwise interfering with access to and egress from except as follows: (a) Entry and Egress For Vehicles: (i) For the period up to and including 5:59 p.m. on Thursday, April 7, 2022, Picketers may delay any vehicle entering or exiting the Premises for the purposes of peacefully communicating information for a maximum of 15 minutes. At the end of that 15 minute period, the first such vehicle and the 9 following vehicles (or such lesser number as may be stationary in the line) shall be cleared for entry or exit by Picketers without delay; and (ii) For the period from 6:00 p.m. on Thursday April 7, 2022 and up to and including 11:59 p.m. on Monday, April 11, 2022, Picketers may delay any vehicle entering or exiting the Premises for the purposes of peacefully communicating information for a maximum of 15 minutes. At the end of the 15 minutes, the first such vehicle and the 4 following vehicles (or such lesser number as may be stationary in the line) shall be cleared by Picketers for entry or exit without delay.
Emergency Vehicles: Picketers shall not delay or impede access to or egress from Premises to the following vehicles: (i) Emergency vehicles of any kind provided that the only occupants of the vehicles are emergency services personnel; (ii) Vehicles of security personnel, including the Plaintiff’s in-house security personnel and personnel contracted to provide security services at the Premises provided that the only occupants of the vehicles are the Plaintiff’s in-house security personnel and personnel contracted to provide security services at the Premises;
Pedestrians: Picketers shall not delay or impede access to or egress from the Premises for any pedestrian;
Customers and Employees of Food Basics Store located at 5559 Dundas Street West, Toronto (the “Store”). Picketers shall not delay or impede access to or egress from the Food Basics Store located at 5559 Dundas Street West, Toronto in respect of customers or employees of the Store;
Representatives of Unifor and its Local 414 shall take all necessary steps to ensure that their agents, servants and representatives or any person or persons acting under their instructions or any one of them or anyone having knowledge of the court’s order(s) comply with the order(s);
This Order shall take effect immediately and remain in effect until 11:59 p.m. on Monday April 11, 2022