Jowsey and Wilkes v. Saskatchewan Government Employees' Association and Brown, (1980) 1 Sask.R. 375 (CA)

• Judge: Culliton, C.J.S., Woods, Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: February 19, 1980
• Jurisdiction: Saskatchewan
• Citations: (1980), 1 Sask.R. 375 (CA)

Jowsey v. SGEA (1980), 1 Sask.R. 375 (CA)

MLB headnote and full text

Jowsey and Wilkes v. Saskatchewan Government Employees' Association and Brown

(No. 7268)

Indexed As: Jowsey and Wilkes v. Saskatchewan Government Employees' Association and Brown

Saskatchewan Court of Appeal

Culliton, C.J.S., Woods, Hall and Bayda, JJ.A.

February 19, 1980.

Summary:

This case arose out of an application for an interim injunction following the commencement of an action by two employees of the Government of Saskatchewan. The action was commenced for a declaration that a strike was unlawful and for injunctive relief. The Saskatchewan Court of Queen's Bench declared that the strike was unlawful and granted injunctive relief against the defendant union. The judgment of the Court of Queen's Bench is set out below - see paragraphs 26 to 55. The union appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal and affirmed the granting of an interim injunction.

Labour Law - Topic 7583

Strikes - Conditions precedent - Strike vote - Validity of strike vote, what constitutes a majority - The Saskatchewan Government Employees' Association called a strike following a strike vote - The strike was approved by 62% of the employees of the union who voted, but the number of members who voted in favour of the strike represented only 37% of the members of the union - The Saskatchewan Court of Appeal affirmed a declaration that the strike was illegal because the strike vote did not comply with the requirements of s. 11(2) of the Trade Union Act - See paragraph 19.

Evidence - Topic 2265

Special modes of proof - Judicial notice - Particular matters - Human conduct, reaction of others - The Saskatchewan Court of Queen's Bench took judicial notice of the attitudes and likely reaction of union members to workers who crossed a picket line - See paragraph 51.

Injunctions - Topic 1605

Interim injunctions - General principles - Avoidance of disposition of main issue - Employees of the Government of Saskatchewan commenced an action for a declaration that a strike was unlawful and for injunctive relief - The employees applied by way of motion for an interim injunction - The Saskatchewan Court of Appeal stated that on the hearing of the motion the trial judge was only required to find that there was a strong prima facie case that the strike was unlawful in order to grant an interim injunction - See paragraph 20 - The Court of Appeal affirmed the issue of an interim injunction even though the trial judge disposed of the main issue in the action - See paragraphs 21 to 23.

Arbitration - Topic 2524

Stay of proceedings - Effect of statutory arbitration clause - S. 40 of the Saskatchewan Societies Act required that disputes arising out of the affairs of a society be decided by arbitration - The Saskatchewan Court of Queen's Bench stated that s. 40 did not apply where there was an allegation of misconduct on the part of officials of the society - See paragraphs 36 to 38.

Labour Law - Topic 2265

Unions - Validity of constitution where constitution and a statute conflict - The Saskatchewan Court of Queen's Bench stated that in the case of a conflict between the Saskatchewan Trade Union Act and a union constitution, the legislation must prevail - See paragraph 44.

Injunctions - Topic 1606

Interim injunctions - General principles - Balance of convenience - The Saskatchewan Court of Queen's Bench stated that the balance of convenience is not a factor to be considered on an application for an interim injunction where the plaintiff clearly establishes the violation of a right of the plaintiff - See paragraph 53.

Words and Phrases

Eligible - The Saskatchewan Court of Appeal discussed the meaning of the word "eligible" as found in s. 11(2) of the Saskatchewan Trade Union Act, R.S.S. 1978, c. T-17 - See paragraph 46.

Words and Phrases

Majority - The Saskatchewan Court of Appeal discussed the meaning of the word "majority" as found in s. 11(2) of the Saskatchewan Trade Union Act, R.S.S. 1978, c. T-17.

Cases Noticed:

Oakville Wood Specialties Limited v. Mustin et al., [1950] O.W.N. 735, refd to. [para. 16].

Canfarge Ltd. v. Neumann, Derksen and Ethier, [1974] 6 W.W.R. 283, refd to. [para. 40].

American Cynamid Co. v. Ethicon Ltd., [1975] 1 A.E.R. 504, refd to. [para. 52].

Statutes Noticed:

Societies Act, R.S.S. 1978, c. S-53, sect. 40 [para. 36].

Trade Union Act, R.S.S. 1978, c. T-17, sect. 11(2) [paras. 4, 39].

Queen's Bench Act, R.S.S. 1978, c. Q-1, sect. 45(20)(2) [para. 31].

Authors and Works Noticed:

Kerr on Injunctions (6th Ed.), page 24 [para. 53].

Halsbury's Laws of England (3rd Ed.), vol. 21, page 366 [para. 53].

Russell on Arbitration (18th Ed.), page 15 [para. 37].

Webster's Third International Dictionary [para. 46].

Black's Law Dictionary [para. 46].

Driedger, E., The Construction of Statutes, page 67 [para. 47].

Counsel:

W.J. Vancise, Q.C. and D.E.W. McIntyre, for the appellants;

R.L. Barclay, Q.C. and L.G. LeBlanc, for the respondents.

This appeal was heard by CULLITON, C.J.S., WOODS, HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Saskatchewan Court of Appeal was delivered by CULLITON, C.J.S., on February 19, 1980.