Case information
Consult our database for details on a Supreme Court of Canada case.
42209
R.W. Tomlinson Limited, et al. v. Labourers’ International Union of North America, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-10-15 |
Correspondence (sent by the Court) to, all parties; by THE REGISTRAR: Further to the judgment of October 15, 2026, granting leave to appeal in the above referenced matter, the schedule for serving and filing the material is set as follows: a) The appellants shall serve and file their notice of appeal on or before November 16, 2026. b) The appellants shall serve and file their factum, record and book of authorities, if any, on or before January 18, 2027. c) The respondents shall serve and file their factum, record and book of authorities, if any, on or before March 8, 2027. d) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before February 15, 2027. e) The appellants and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before February 25, 2027. f) Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 4, 2027. g) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before April 15, 2027. h) The hearing date will be confirmed following a determination by the Court of its hearing schedule. |
|
| 2026-10-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-10-15 | Judgment on leave sent to the parties | |
| 2026-10-15 |
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 Ontario, Number COA-24-CV-0896, 2025 ONCA 861, dated December 12, 2025, is granted with costs in the cause. Justice Moreau took no part in the judgment. The schedule for serving and filing the appeal documents will be set by the Registrar. Granted, with costs in the cause |
|
| 2026-09-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-03-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2026-03-26, (Printed version filed on 2026-03-26) | R.W. Tomlinson Limited |
| 2026-03-16 | Notice of name, (Letter Form), (Printed version filed on 2026-03-16) | Local 527, Luigi Carrozzi, Shawn McLaughlin, Carlo Trunzo, Robert Martins, and “John Doe” |
| 2026-03-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-03-16) | Local 527, Luigi Carrozzi, Shawn McLaughlin, Carlo Trunzo, Robert Martins, and “John Doe” |
| 2026-03-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2026-03-17, (Printed version filed on 2026-03-16) | Local 527, Luigi Carrozzi, Shawn McLaughlin, Carlo Trunzo, Robert Martins, and “John Doe” |
| 2026-02-12 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2026-02-10 | Book of authorities, (Book Form), Completed on: 2026-02-11, (Printed version filed on 2026-02-11) | R.W. Tomlinson Limited |
| 2026-02-10 |
Certificate (on limitations to public access), (Letter Form), 23A Amended version required (Rec 02-12-2026), (Printed version due on 2026-02-17) |
R.W. Tomlinson Limited |
| 2026-02-10 | Notice of name, (Letter Form), (Printed version due on 2026-02-17) | R.W. Tomlinson Limited |
| 2026-02-10 |
Application for leave to appeal, (Book Form), Missing: - Amended 23A (Rec 02-12-2026), Completed on: 2026-02-11, (Printed version filed on 2026-02-11) |
R.W. Tomlinson Limited |
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
| Name | Role | Status |
|---|---|---|
| R.W. Tomlinson Limited | Appellant | Active |
| Tomlinson Ready Mix, a division of R.W. Tomlinson Limited, 2839034 Ontario Inc. c.o.b. as Material Supply and Logistics Tomlinson Environmental Services Ltd. c.o.b. as Industrial Waste Division | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Labourers’ International Union of North America | Respondent | Active |
| Local 527, Luigi Carrozzi, Shawn McLaughlin, Carlo Trunzo, Robert Martins, and “John Doe” | Respondent | Active |
Counsel
Party: R.W. Tomlinson Limited
Counsel
Sean Grassie
Henna Mohan
411 Roosevelt Avenue
Suite 400
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: dtaylor@conwaylitigation.ca
Party: Tomlinson Ready Mix, a division of R.W. Tomlinson Limited, 2839034 Ontario Inc. c.o.b. as Material Supply and Logistics Tomlinson Environmental Services Ltd. c.o.b. as Industrial Waste Division
Counsel
Sean Grassie
Henna Mohan
411 Roosevelt Avenue
Suite 400
Ottawa, Ontario
K2A 3X9
Telephone: (613) 288-0149
FAX: (613) 688-0271
Email: dtaylor@conwaylitigation.ca
Party: Labourers’ International Union of North America
Counsel
David Rosenfeld
20 Queen Street West
Suite 900, PO Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 977-8353
FAX: (416) 977-3316
Email: eschirru@kmlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Local 527, Luigi Carrozzi, Shawn McLaughlin, Carlo Trunzo, Robert Martins, and “John Doe”
Counsel
David Rosenfeld
20 Queen Street West
Suite 900, PO Box 52
Toronto, Ontario
M5H 3R3
Telephone: (416) 977-8353
FAX: (416) 977-3316
Email: eschirru@kmlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
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.
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.
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.
Lower court rulings
Applicants’ action dismissed for lack of jurisdiction
Appeal allowed in part; order dismissing claims of 283 Ontario and Tomlinson Environmental for lack of jurisdiction set aside and replaced with a temporary stay; appeal otherwise 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
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Related links
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
Related links
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