The Ontario Court of Appeal recently ruled that a motion judge used the wrong section of the provincial Courts of Justice Act (CJA) to grant Purolator injunctions in late 2024 to restrain picketing by the Canadian Union of Postal Workers (CUPW) at Purolator facilities in Ontario.
Purolator brought its motion on an ex parte basis, which was granted by a motion judge under s. 101 of the CJA. However, as Purolator is 91 per cent owned by Canada Post, Justice Patrick Monahan recently found that CUPW’s picketing of Purolator falls within the meaning of “an act in connection with a labour dispute” as defined by s. 102 of the CJA. Ex parte motions are not allowed under this section.
Representing CUPW, Stephen Moreau is quoted in Law360 Canada on the importance of this decision as it allows CUPW to be properly heard and clarifies the circumstances in which s. 102 applies.
“From day one the union was dismayed that they did not even receive any notice Purolator regarded the picketing as excessive, and they couldn’t find a way to cooperatively and proactively engage with the company to see if the matter could be resolved.”
Read the full article here.