Supreme Court of Canada
International Woodworkers of America, Local 1-405 et
al. v. Flanders Installations Limited, [1968] S.C.R. 203
Date: 1968-03-25
International
Woodworkers of America, Local 1-405, Arthur Damstrom and Elmer Atwood Applicants;
and
Flanders
Installations Ltd Respondent.
1968: March 25.
Present: Cartwright C.J. and Martland and
Hall JJ.
MOTION FOR LEAVE TO APPEAL
Appeals—Interlocutory injunction—Motion for
leave to appeal to Supreme Court of Canada—Application refused.
The applicant union was the legally certified
bargaining agent for employees of Crestbrook Forest Industries Ltd. at the
majority of its mills and logging operations. In the course of carrying on a
legal strike against the company, the union picketed its property at Skookumchuck,
British
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Columbia, whereon a pulp mill was being
constructed by Crestbrook through contractors and subcontractors including
Flanders Installations Ltd. The employees of Flanders and those of its
subcontractors refused to cross the picket line. Flanders commenced an action
against the union and two of its officers, claiming damages and an injunction
restraining the defendants from picketing the construction site. The Chambers
judge, who was of opinion that Crestbrook’s Skookumchuck property fell within
the phrase “the employer’s place of business, operations, or employment” in
s. 3(1) of the Trade-unions Act, R.S.B.C. 1960, c. 384, dismissed
the application for an interim injunction. On appeal, the Court of Appeal,
Davey C.J.B.C. dissenting, allowed the appeal and granted an injunction until
the trial of the action or further order. An application was made to this Court
on behalf of the defendants for leave to appeal from the judgment of the Court
of Appeal.
Held: The
application for leave to appeal should be dismissed.
APPLICATION for leave to appeal from a
judgment of the Court of Appeal for British Columbia, allowing an appeal from an order of Kirke
Smith L.J.S.C. and granting an interlocutory injunction. Application dismissed.
Maurice Wright, Q.C., and J.B. Varcoe,
for the applicants.
G.F. Henderson, Q.C., and M. Bray,
contra.
At the conclusion of the argument of counsel for
the applicants the following judgment was delivered.
THE CHIEF JUSTICE (orally for the
Court):—Mr. Henderson, we do not find it necessary to call upon you.
It is only under exceptional circumstances that
we grant leave to appeal to this Court from an interlocutory order. It is said
that a point of law of general importance is raised but it is seldom found
satisfactory to attempt to deal with such a point until the facts have been
ascertained at a trial.
In this case the writ was issued on November 20,
1967; the application for an interlocutory injunction was disposed of by His
Honour Judge Smith on November 24, 1967, and by the Court of Appeal on December
15, 1967. The order of the Court of Appeal contains the following paragraphs:
AND THIS COURT DOTH FURTHER ORDER AND
ADJUDGE that either the Appellant or the Respondents be at liberty to apply to
the Supreme Court of British Columbia.
[Page 205]
AND THIS COURT DOTH FURTHER ORDER AND
ADJUDGE that, without limiting the generality of the liberty to apply to the
Supreme Court of British Columbia granted herein, the Respondents may apply to
the Supreme Court of British Columbia to dissolve this injunction if the
Appellant fails to proceed with diligence to bring the case to trial at the
earliest date that is reasonably possible.
There is nothing in the material to indicate
that diligence has been used to bring the action to trial. There appears to be
no reason that the action should not be tried before, in the ordinary course,
this appeal would be heard here, if leave were granted.
We are all of opinion that the application
should be refused and it is accordingly dismissed with costs.
Application dismissed.
Solicitor for the applicants: John B.
Varcoe, Trail.
Solicitors for the respondent: McMaster,
Bray, Moir & Cameron, Vancouver.
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