Willock Industries Ltd. v. Hanoski et al., (1979) 2 Sask.R. 105 (CA)

• Judge: Woods, Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 28, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 2 Sask.R. 105 (CA)

Willock Ind. Ltd. v. Hanoski (1979), 2 Sask.R. 105 (CA)

MLB headnote and full text

Willock Industries Ltd. v. Hanoski et al.

(No. 7243)

Indexed As: Willock Industries Ltd. v. Hanoski et al.

Saskatchewan Court of Appeal

Woods, Hall and Bayda, JJ.A.

November 28, 1979.

Summary:

This headnote contains no summary.

Labour Law - Topic 6465

Industrial relations - Collective agreements - Interpretation - Expiry of collective agreement, effect on continuing negotiations - The Saskatchewan Court of Appeal stated that a court should not routinely enforce an agreement not to strike after the expiry of a collective agreement and during negotiations to renew the agreement - The Court of Appeal stated that where a collective agreement has expired, a no strike clause should only be enforced where "preventing a strike would be fair and equitable" - See paragraph 7.

Cases Noticed:

Bradburn v. Wentworth Arms Hotel Limited et al., 24 N.R. 417; [1979] 1 S.C.R. 846, refd to. [para. 7].

Statutes Noticed:

Trade Union Act, R.S.S. 1978, c. T-17, sect. 34 [para. 8].

Counsel:

W.R. Pelton, for the appellants;

W.J. Vancise and D.E.W. McIntyre, for the respondent.

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

The judgment of the Court of Appeal was delivered by HALL, J.A., at Regina, Saskatchewan, on November 28, 1979.