JS380 Lecture Notes - Arbitration Clause, Solidarity Action, Concurrent Jurisdiction
Document Summary
Possibility of irreperable harm (for interlocutory injunctions) Balance of convenience favoring the injunction these injunctions are equitable, and remain available in the labour context. United nurses of alberta v. alberta (a. g. ) [1992] scc. Criminal contempt proceeding to enforce order prohibiting illegal strie by nurses labour board made cease-and-desist order which had been registered as an order of the court. Scc: civil contempt only turns into criminal contempt where the public act of defiance occurs where the accused knew, intended or was reckless to the fact that the act would bring the court into contempt. Dissent: criminal contempt only appropriate where there is a circusmstance of violence or threat of violence. Labour code abolishes injunctions in favor of regulation by labour boardradio injunctions still possible where the plaintiff claims immediate danger of serious injury, or causes actual obstructino or physical damange to property.