Case information

Labour relations — Jurisdiction — Collective agreement — Non-parties — What is the standard under the framework set out in Weber v. Ontario, [1995] 2 S.C.R. 929, for identifying disputes with an inferential or implied link to a collective agreement — What is the proper approach to interpreting general management rights clauses in collective agreements when applying the Weber framework.

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.

R.W. Tomlinson is a construction corporation engaged in activities such as road and sewer work and the supply of concrete. Ready Mix is a brand name used by R.W. Tomlinson and is not itself a separate corporation or legal entity. R.W. Tomlinson, 2839034 Ontario Inc. and Tomlinson Environmental Services Ltd. are separately incorporated members of the Tomlinson Group of Companies. The Labourers’ International Union of North America, Local 527 represents only the employees of R.W. Tomlinson. When the collective agreement between R.W. Tomlinson and the union expired, the union commenced a lawful strike. The associated picketing disrupted access routes, customer relationships, and supply chains across the Tomlinson Group as the picketing targeted R.W. Tomlinson’s properties, shared properties used by the Tomlinson Group and certain properties used exclusively by 283 Ontario and Tomlinson Environmental.

The applicants commenced an action against the respondent union and four union leaders seeking injunctive relief and alleged that the strike caused commercial harm across the Tomlinson Group. The respondents moved to dismiss the action for lack of jurisdiction and submitted that a labour arbitrator had exclusive jurisdiction. The motion judge dismissed the action for lack of jurisdiction. The Court of Appeal allowed the appeal in part, set aside the order dismissing the claims of 283 Ontario and Tomlinson Environmental for lack of jurisdiction and replaced it with a temporary stay pending the arbitration between R.W. Tomlinson and the union. The appeal was otherwise dismissed.