Corner Brook Pulp and Paper Ltd. v. Communications, Energy and Paperworkers Union of Canada, Local 60N
T-1326-99
Evans J.
23/7/99
6 pp.
Motion for ex parte interim injunction enjoining and restraining defendants from preventing vessels from docking at plaintiffs' wharf in Corner Brook, Newfoundland with supplies of wood chips for its pulp and paper mill-Plaintiff alleging conduct in question in breach of federal legislation, including provisions of Navigable Waters Protection Act and of regulations under Canada Shipping Act-Activities in course of lawful strike by wood cutters employed by plaintiff-Matter heard by telephone conference-Courts particularly reluctant to grant interlocutory injunctions in context of labour disputes, even when sought on inter partes basis, because of their normally conclusive effect-Motion dismissed-On evidence, plaintiff has not established existence of situation of sufficient urgency to warrant granting remedy sought on motion-Plaintiff invoked economic harm, but plaintiff's present inventory of wood chips will enable it to operate for approximately 11 days from date of order without receiving fresh supplies-This fact not disclosed by plaintiff, as should have been, but by defendant-Furthermore, since breach of federal law relied on by plaintiff is in furtherance of labour dispute within exclusive jurisdiction of province, Supreme Court of Newfoundland seems more appropriate forum-Also, only interference with navigation and shipping apprehended by plaintiff is prevention of docking at its wharf-Masters of vessels wisely have no intention of endangering lives by running gauntlet of "buzzing" boats and suspended ropes-Navigable Waters Protection Act, R.S.C., 1985, c. N-22-Canada Shipping Act, R.S.C., 1985, c. S-9.