Irving Oil Ltd., Refining Division v. Energy and Chemical Workers Union, Local 691,

• Jurisdiction: New Brunswick
• Judge: Hughes, C.J.N.B., Stratton and La Forest, JJ.A.
• Citation: (1983), 47 N.B.R.(2d) 205 (CA),1983 CanLII 3072 (NB CA),47 NBR (2d) 205,148 DLR (3d) 398,[1983] NBJ No 191 (QL),124 APR 205
• Court: Court of Appeal (New Brunswick)
• Date: 07 June 1983

Irving Oil Ltd. v. ECWU (1983), 47 N.B.R.(2d) 205 (CA);

    47 R.N.-B.(2e) 205; 124 A.P.R. 205

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Irving Oil Limited, Refining Division v. Energy and Chemical Workers Union, Local 691

(29/83/CA)

Indexed As: Irving Oil Ltd., Refining Division v. Energy and Chemical Workers Union, Local 691

Répertorié: Irving Oil Ltd., Refining Division v. Energy and Chemical Workers Union, Local 691

New Brunswick Court of Appeal

Hughes, C.J.N.B., Stratton and La Forest, JJ.A.

June 7, 1983.

Summary:

Résumé:

Members of a refinery workers' union illegally struck their employer, picketed the premises and physically harassed people trying to cross the picket line. Unionized construction workers on the site failed to report to work. The employer brought an action against the union for damages for conspiracy and an injunction. The union applied by notice of motion for an order that the action be dismissed, because the court lacked jurisdiction, submitting that the dispute should be submitted to arbitration under the collective agreement.

The New Brunswick Court of Queen's Bench, Trial Division, in a judgment reported 45 N.B.R.(2d) 115; 118 A.P.R. 115, dismissed the application and held that the court had jurisdiction. The union appealed.

The New Brunswick Court of Appeal dismissed the appeal.

Labour Law - Topic 7205

Industrial relations - Collective agreement - Enforcement - Civil action - Jurisdiction - Members of a union illegally struck their employer, picketed the premises and harassed people trying to cross the picket line - The New Brunswick Court of Appeal held that the court had jurisdiction over an action by the employer against the union for damages for conspiracy to commit nuisance, trespass and negligence, because the union's actions, if proved, were unlawful independent of any breach of the collective agreement and the Industrial Relations Act and were not arbitrable under the collective agreement - See paragraphs 1 to 10.

Practice - Topic 8985

Appeals - When appeal available - From interlocutory judgment - The New Brunswick Court of Queen's Bench, Trial Division, dismissed a union's application (because the court lacked jurisdiction) for an order that an employer's action be dismissed - The New Brunswick Court of Appeal entertained the union's appeal, notwithstanding that leave to appeal had not been obtained as required by Rule 62.03 of the Rules of Court (N.B.) and s. 8(3.1)(a) of the Judicature Act, R.S.N.B. 1973, c. J-2, because the matter was of some importance - See paragraph 11.

Cases Noticed:

St. Anne-Nackawic v. C.P.W.U. (1983), 44 N.B.R.(2d) 10; 116 A.P.R. 10, dist. [para. 4].

Saskatchewan Wheat Pool v. Government of Canada (1983), 45 N.R. 425, ref'd to. [para. 4].

Re Oil, Chemical & Atomic Workers of Polymer Corp. Ltd. (1959), 10 L.A.C. 51, ref'd to. [para. 4].

Bradburn v. Wentworth Arms Hotel, [1979] 1 S.C.R. 846; 24 N.R. 417, ref'd to. [para. 4].

Wentworth Arms Hotel Limited v. Hotel and Restaurant Employees and Bartenders International Union, [1979] 1 S.C.R. 846; 24 N.R. 417, ref'd to. [para. 4].

Bourque v. Province of New Brunswick (1982), 41 N.B.R.(2d) 129; 107 A.P.R. 129, ref'd to. [para. 11].

Statutes Noticed:

Industrial Relations Act, R.S.N.B. 1973, c. I-4, sect. 104 [para. 5].

Judicature Act, R.S.N.B. 1973, c. J-2, sect. 8(3.1)(a) [para. 11].

Rules of Court (N.B.), rule 62.03 [para. 11].

Counsel:

Robert D. Breen, for the appellant;

William B. Goss, for the respondent.

This case was heard on May 11, 1983, before HUGHES, C.J.N.B., STRATTON and La FOREST, JJ.A., of the New Brunswick Court of Appeal.

On June 7, 1983, La FOREST, J.A., delivered the following judgment for the Court of Appeal: