2013 CarswellOnt 2003 |
Sobeys Inc. v. UFCW-Can, Local 175 |
Ontario Superior Court of Justice |
Judgment: February 26, 2013
Labour and employment law | Labour law | Industrial disputes | Strike | Remedies | Injunction | Tests of availability
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Plaintiff employer was large retailer of food products — Defendant union and employees commenced legal strike at warehouse — Effect of picketing had been to block entry to and exit from premises — Many of goods sold by employer were perishable — Employer brought motion for interlocutory injunction to restrain picketing activities arising out of lawful strike — Motion granted — Injunction was granted that permitted employer to have access to property, but permitted measure of inconvenience and delay on part of union and members — Proposal by employer struck reasonable balance between interests of employer in having access to property, and interests of union and members in conveying message and causing measure of inconvenience to employer's operation — It was similar, in many respects, to what was often negotiated by experienced parties as picketing protocol.