Telecommunications Workers’ Union v. British Columbia Ferry Corporation

Telecommunications Workers’ Union v. British Columbia Ferry Corporation
Collection
Supreme Court Judgments
Date
1984-02-13
Report
[1984] 1 SCR 83
Case number
16870
Judges
Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Wilson, Bertha
On appeal from
British Columbia
Subjects
Labour law
Notes
SCC Case Information: 16870
Decision Content
Supreme Court of Canada
Telecommunications Workers’ Union v. British Columbia Ferry Corporation, [1984] 1 S.C.R. 83
Date: 1984-02-13
Telecommunications Workers’ Union Appellant;
and
British Columbia Ferry Corporation Respondent;
and
Labour Relations Board of British Columbia, Attorney General of British Columbia, Attorney General of Canada Interveners.
and between
Telecommunications Workers’ Union, Local 36, its members, servants and agents and any person acting or purporting to act on its behalf, and all persons unknown to the Plaintiff attending or picketing at or near the premises of the Plaintiff at or near the Town of Elkford, British Columbia Appellants;
and
Fording Coal Limited Respondent;
and
Labour Relations Board of British Columbia, Attorney General of British Columbia, Attorney General of Canada Interveners.
File No. 16870.
1984: February 13.
Present: Ritchie, Dickson, Beetz, Estey, Mclntyre, Chouinard and Wilson JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
Labour relations—Picketing—Federally certified union picketing provincial undertakings—Provincial employers bringing actions for damages for illegal picketing—Provincial Labour Code requiring consent of Labour Relations Board prior to bringing such actions—Whether provincial Labour Code applicable to picketing due to a federal labour dispute—Labour Code of British Columbia, 1973 (2nd Sess.) (B.C.), c. 122 as amended (now the Labour Code, R.S.B.C. 1979, c. 212), s. 32(4).
APPEAL from a judgment of the British Columbia Court of Appeal, [1981] 6 W.W.R. 714, 31 B.C.L.R. 247, 128 D.L.R. (3d) 307, allowing appeals from judgments of Murray J., [1980] 2 W.W.R. 1, 16 B.C.L.R. 160, 105 D.L.R. (3d) 360, dismissing two actions for damages for illegal picketing. Appeal dismissed.
Morley D. Shortt, for the appellants.
I.G. Nathanson and Joan McEwen, for the respondent British Columbia Ferry Corporation.
Edward Chiasson and Thomas Schiller, for the respondent Fording Coal Limited.
E.R.A. Edwards, Q.C., for the interveners the Labour Relations Board of British Columbia and the Attorney General of British Columbia.
T.B. Smith, Q.C., and Peter Doody, for the intervener the Attorney General of Canada.
The judgment of the Court was delivered orally by
RITCHIE J.—Leaving aside the constitutional issue, we dispose of the appeal on the basis of the reasons for judgment of the Chief Justice of British Columbia and Mr. Justice Craig on the interpretation of the Labour Code of British Columbia. It is therefore unnecessary to answer the constitutional question. The appeal is dismissed with costs.
There will, however, be no costs payable to or by the interveners.
Judgment accordingly.
Solicitors for the appellants: Shortt & Company, Vancouver.
Solicitors for the respondent British Columbia Ferry Corporation: Davis & Company, Vancouver.
Solicitors for the respondent Fording Coal Limited: Ladner, Downs, Vancouver. Solicitors for the interveners the Labour Relations Board of British Columbia and the Attorney General of British Columbia: The Ministry of the Attorney General, Victoria.
Solicitor for the intervener the Attorney General of Canada: Roger Tassé, Ottawa.