Horncastle and Sayers v. Saskatchewan Government Employees' Association, (1980) 4 Sask.R. 22 (QB)

• Judge: Noble, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: August 05, 1980
• Jurisdiction: Saskatchewan
• Citations: (1980), 4 Sask.R. 22 (QB)

Horncastle v. SGEA (1980), 4 Sask.R. 22 (QB)

MLB headnote and full text

Horncastle and Sayers v. Saskatchewan Government Employees' Association (No. 2)

(No. 446)

Indexed As: Horncastle and Sayers v. Saskatchewan Government Employees' Association

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Noble, J.

August 5, 1980.

Summary:

This case arose out of an application by several union members for an interim injunction to restrain the Saskatchewan Government Employees' Association from implementing a resolution passed at the annual meeting of the union in May, 1980. The resolution would have required members of the union who worked during an unlawful strike to pay union dues equal to 80% of their earnings during the strike.

The Saskatchewan Court of Queen's Bench granted the plaintiffs an interim injunction and declared that any attempt by the union to implement the resolution was unlawful because a union cannot discipline members because they failed to support an illegal strike - see paragraph 7.

Labour Law - Topic 7782

Strikes - Unlawful strikes, effect of - During an unlawful strike some union members crossed picket lines and performed their work - After the strike was over the union passed a resolution which would have required that the members who worked during the strike, pay union dues equal to 80% of their earnings during the strike - The Saskatchewan Court of Queen's Bench declared that any attempt by the union to implement the resolution was unlawful because a union cannot discipline members because they failed to support an illegal strike - See paragraph 7.

Labour Law - Topic 8846

Injunctions to restrain unlawful activity - The Saskatchewan Court of Queen's Bench granted an interim injunction to restrain unlawful activity even though the court was not satisfied that irreparable harm would flow from refusing the injunction or that damages would satisfactorily compensate the applicant - See paragraphs 6 and 7.

Labour Law - Topic 2366

Unions - Discipline of members for failure to support unlawful activity - The Saskatchewan Court of Queen's Bench stated that a union cannot discipline members because they failed to support an illegal strike - See paragraph 7.

Practice - Topic 2142

Pleadings - Amendment of pleadings - Considerations in granting leave to amend, lack of prejudice to opposite party - The Saskatchewan Court of Queen's Bench in an injunction application, granted the plaintiff leave to amend his statement of claim because the defendant was in no way prejudiced by allowing the proposed amendment - See paragraphs 16 and 17.

Cases Noticed:

Jowsey et al. v. The Saskatchewan Government Employees' Association et al. (1980), 1 Sask.R. 375 at 384; [1980] 2 W.W.R. 625, refd to. [para. 3].

Statutes Noticed:

Rules of Court (Sask.), rule 200 [para. 16].

Authors and Works Noticed:

Halsbury's Laws of England (3d), Vol. 24, para. 873 [para. 9].

Counsel:

R.L. Barclay, Q.C., for the applicants (plaintiffs);

W.J. Vancise, Q.C., for the respondent (defendant).

This application was heard by NOBLE, J., of the Saskatchewan Court of Queen's Bench.

The judgment of NOBLE, J., was delivered at Saskatoon, Saskatchewan, on August 5, 1980.