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A-708-80
R. Rahoman, N. Devine, G. Springett, M. P. Gravelle, J. M. Stang, S. M. Long, G. Binder and Reggie Frechette, personally and as representa tives of all those persons who are employed by Her Majesty the Queen in right of Canada in the Public Service of Canada and who are members of the Public Service Alliance of Canada except those who are members of the Clerical and Regulatory Group who are not designated pursu ant to section 79 of the Public Service Staff Relations Act (Appellants)
v.
The Queen and Attorney General of Canada (Respondents)
Court of Appeal, Urie and Le Dain JJ. and Kerr D.J.—Ottawa, June 2, 1981.
Prerogative writs — Interim injunction — Appeal from decision of Trial Judge to grant injunctive relief to prevent defendants from striking illegally — Appeal dismissed.
APPEAL. COUNSEL:
L. M. Joyal, Q.C. for appellants.
D. Friesen and D. Kubesh for respondents.
SOLICITORS:
Honeywell, Wotherspoon, Ottawa, for appel lants.
Deputy Attorney General of Canada for respondents.
The following are the reasons for judgment of the Court delivered orally in English by
URIE J.: It will not be necessary to hear from you Mr. Friesen and Mr. Kubesh.
We have not been persuaded that the learned Trial Judge erred in granting the injunction [[1981] 1 F.C. 773] here under appeal notwith standing the sanctions contained in the Public Service Staff Relations Act, R.S.C. 1970, c. P-35. Moreover, we are of the opinion that in the exer cise of his discretion as to whether or not he should
grant injunctive relief, he carefully considered the affidavit evidence placed before him and there was in those affidavits, evidence upon which he could have properly concluded, as he did, that the injunction should issue.
The appeal will therefore be dismissed with costs.
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