Telecommunications Workers’ Union v. British Columbia Ferry Corporation

[1984] 1 SCR 83 Court SCC Decision date 1984-02-13 Docket 16870 English

PartiesTelecommunications Workers’ Union Appellant·British Columbia Ferry Corporation Respondent·Labour Relations Board of British Columbia, Attorney General of British Columbia, Attorney General of Canada Interveners·Telecommunications Workers’ Union, Local 36, its members, servants and agents and any person acting or purporting to act on its behalf, and all persons unknown to the Plaintiff attending or picketing at or near the premises of the Plaintiff at or near the Town of Elkford, British Columbia Appellants·Fording Coal Limited Respondent

Counsel (10)

Morley D. Shortt, for the appellants.
I.G. Nathanson and Joan McEwen, for the respondent British Columbia Ferry Corporation.
Edward Chiasson and Thomas Schiller, for the respondent Fording Coal Limited.
E.R.A. Edwards, Q.C., for the interveners the Labour Relations Board of British Columbia and the Attorney General of British Columbia.
T.B. Smith, Q.C., and Peter Doody, for the intervener the Attorney General of Canada.
Solicitors for the appellants: Shortt & Company, Vancouver.
Solicitors for the respondent British Columbia Ferry Corporation: Davis & Company, Vancouver.
Solicitors for the respondent Fording Coal Limited: Ladner, Downs, Vancouver.
Solicitors for the interveners the Labour Relations Board of British Columbia and the Attorney General of British Columbia: The Ministry of the Attorney General, Victoria.
Solicitor for the intervener the Attorney General of Canada: Roger Tassé, Ottawa.

Judges Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Wilson, Bertha

Decision 6–1 Ritchie C.J. (6) · RITCHIE J. (1)

On appeal from British Columbia

Subjects Labour law

Contents

Ritchie C.J.

The judgment of the Court was delivered orally by

RITCHIE J.

RITCHIE J.—Leaving aside the constitutional issue, we dispose of the appeal on the basis of the reasons for judgment of the Chief Justice of British Columbia and Mr. Justice Craig on the interpretation of the Labour Code of British Columbia. It is therefore unnecessary to answer the constitutional question. The appeal is dismissed with costs.

There will, however, be no costs payable to or by the interveners.

Judgment accordingly.

Solicitors for the appellants: Shortt & Company, Vancouver.

Solicitors for the respondent British Columbia Ferry Corporation: Davis & Company, Vancouver.

Solicitors for the respondent Fording Coal Limited: Ladner, Downs, Vancouver.

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Solicitors for the interveners the Labour Relations Board of British Columbia and the Attorney General of British Columbia: The Ministry of the Attorney General, Victoria.

Solicitor for the intervener the Attorney General of Canada: Roger Tassé, Ottawa.