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The G.M. Injunction

by David Doorey June 13, 2008
written by David Doorey June 13, 2008

Here’s yet another story about the G.M. events, this time involving G.M.’s attempt to obtain an injunction to stop the CAW members and supporters from picketing outside the company’s head offices and damages amounting to $1.5 million.  Picketing and peaceful protest is protected by the Charter of Rights and Freedoms, as the Supreme Court confirmed recently in two cases, K-Mart Canada and Pepsi-Cola Canada.  But the Court also made clear that the picketing and protest cannot be done in a manner that amounts to a tort.   I have not seen G.M.’s pleadings (although I am trying to get them), so I don’t know what tort G.M. alleged.  Presumably, though, given the numbers of picketers and G.M.’s allegation that they are preventing G.M. employees from entering the workplace, the claims likely allege nuisance, obstruction, or intimidation. 
Union members cannot physically obstruct or prevent people from entering workplaces.  Watch the news today to see how the Court decides the case.  Usually, if a tort is found (and sometimes even when one is not found!), courts will impose controls on the picketing in terms of the time that cars can be stopped.  What do you think of G.M.’s claim for damages?  The car/truck assembly plants have not been affected, so the damages must relate to the difficulty office workers are having getting to their workstations.  It is relatively rare for courts to order damages against unions, and in Ontario, unions do not even exist as legal persons because of the Rights of Labour Act,  s. 3.2. so they cannot be sued.  G.M. must have named individual union members or leaders personally, but (again) I haven’t seen the pleadings to I’m not sure about that.  I’ll update this post if I can get the pleadings. 

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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David J. Doorey🇨🇦 @TheLawofWork@mas.to Follow

Law Prof. Talking #labor & #employment #law to the masses. @YorkUniversity @OsgoodeNews @LSELaw @CLJEHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

TheLawofWork
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
1h

Ya, I wrote a blog piece on this, but the sentence itself is ambiguous! Does it mean you CAN join a picket line on your lunch hour, or you CAN’T?

Grammar. But local folks told me they are banning people from picketing at lunch.

🫡 @andreaharrington@mastodon.social @angrycrank

@JohnSandlos @TheLawofWork

Reply on Twitter 1621293270956392452 Retweet on Twitter 1621293270956392452 Like on Twitter 1621293270956392452 Twitter 1621293270956392452
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
2h

Put together a quick blog post on a subject we've been discussing on Twitter.

"Is Memorial University Illegally Preventing Workers from Joining Picket Lines?"

What do you think?

https://lawofwork.ca/memorialpicketing/

#MemorialStrike #LabourLaw #FreedomofAssociation #CanLab

Reply on Twitter 1621277482719629312 Retweet on Twitter 1621277482719629312 2 Like on Twitter 1621277482719629312 2 Twitter 1621277482719629312
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
6h

STOP MAKING SENSE!

Anthony Francis Dale @anthonyfdale

@TheLawofWork @MemorialU If there is a right to support other employees during non-working time, starting point must be the irrelevance of the fact that lunch is "paid". As Ontario Board said in 1982 Adams Mine case, employer otherwise could prevent exercise of a right by paying money.

Reply on Twitter 1621220629344133120 Retweet on Twitter 1621220629344133120 Like on Twitter 1621220629344133120 3 Twitter 1621220629344133120
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