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Case information

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39651

Unifor Canada Local 594 v. Consumers’ Co-Operative Refineries Limited

(Saskatchewan) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2021-10-08 Close file on Leave
2021-09-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-09-29 Judgment on leave sent to the parties
2021-09-29 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACV3563, 2021 SKCA 34, dated March 9, 2021, is dismissed with costs.
Dismissed, with costs
2021-08-09 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-08-03 Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-08-06, (Printed version due on 2021-08-10) Unifor Canada Local 594
2021-06-21 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-06-28) Consumers’ Co-Operative Refineries Limited
2021-06-21 Notice of name, (Letter Form), (Printed version due on 2021-06-28) Consumers’ Co-Operative Refineries Limited
2021-06-21 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-07-07, (Printed version filed on 2021-06-21) Consumers’ Co-Operative Refineries Limited
2021-05-20 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 05/20/21
2021-05-10 Book of authorities, (Book Form), Missing: Proof of Service (rec' 05/11/21), Completed on: 2021-05-20, (Printed version filed on 2021-05-21) Unifor Canada Local 594
2021-05-10 Notice of name, (Letter Form), Missing: Proof of Service (rec' 05/11/21), (Printed version filed on 2021-05-21) Unifor Canada Local 594
2021-05-10 Certificate (on limitations to public access), (Letter Form), Missing: Proof of Service (rec' 05/11/21), (Printed version filed on 2021-05-21) Unifor Canada Local 594
2021-05-10 Application for leave to appeal, (Book Form), Missing: Filing Fee (rec'd 2021-05-21)
Proof of Service (rec' 05/11/21), Completed on: 2021-05-21, (Printed version filed on 2021-05-21)
Unifor Canada Local 594

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Unifor Canada Local 594 Applicant Active

v.

Main parties - Respondents
Name Role Status
Consumers’ Co-Operative Refineries Limited Respondent Active

Counsel

Party: Unifor Canada Local 594

Counsel
Names
Rick Engel, Q.C.
Crystal L. Norbeck
Samuel Schonhoffer
Contact information
Gerrand Rath Johnson LLP
700 - 1914 Hamilton Street
Regina, Saskatchewan
S4P 3N6
Telephone: (306) 522-3030
FAX: (306) 522-3555
Email: rengel@grj.ca
Agent
Name
Colleen Bauman
Contact information
Goldblatt Partners LLP
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com

Party: Consumers’ Co-Operative Refineries Limited

Counsel
Names
Eileen Libby, Q.C.
Jodi Wildemanand
Matthew Klinger
Contact information
MLT Aikins LLP
1500 Hill Centre I
1874 Scarth Street
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8450
FAX: (306) 352-5250
Email: elibby@mltaikins.com
Agent
Name
D. Lynne Watt
Contact information
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com

Summary

Keywords

Charter of Rights and Freedoms — Freedom of association — What is the impact of freedom of association upon workers’ right to picket when they have been locked out and the employer is carrying on business with managers and replacement workers — Is the scope of picketing subject to an exception whereby managers, replacement workers and agent drivers can proceed through a picket line if they so desire without any delay?

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

During a labour action, the employer sought an injunction restraining employees from picketing. The motions judge granted an order permitting picketers to delay traffic in and out of the employer’s workplaces in order to communicate information and solicit support, up to a maximum of 10 minutes or until the recipient of the information indicated a desire to proceed, whichever came first. The employees’ union appealed, seeking to have the exception struck from the order. The Court of Appeal dismissed the appeal.

Lower court rulings

December 24, 2019
Court of Queen’s Bench of Saskatchewan

QBG 3302 of 2019

Injunction granted

March 9, 2021
Court of Appeal for Saskatchewan

2021 SKCA 34, CACV3563

Appeal dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2026-06-25