News // Category: Court Decisions
Oct 9, 2018
BCSC dismisses injunction to restrict picketing
It’s always an honour to represent BCGEU and to fight for picketers to exercise their right to strike. After our efforts, the judge ruled that “In my view, even a preliminary assessment of the merits exposes the complaints of the plaintiff as being “frivolous”. Here are the Court’s reasons for dismissing the recent injunction application by Gateway […]
Sep 2, 2018
Supreme Court of Canada grants leave to intervene
The Supreme Court of Canada granted an extension of time to ILWU and leave to intervene in the Canada Post v. CUPW case on whether a “workplace” for Part II of the Canada Labour Code (Occupational Health and Safety) is any place an employee performs work (CUPW position) or any place controlled by an employer where an […]
Nov 23, 2017
Landmark verbal decision by SCC on class size and composition
British Columbia Teachers’ Federation v. British Columbia, 2016 SCC 49Watch the webcast, or read the decision on CanLII The Supreme Court of Canada issued the last chapter in the BCTF’s struggle to restore stripped collective agreement language. Following a decision in BC Supreme Court, in which the BCTF established that continued restrictions on the right to bargain class […]
Jul 13, 2016
Injury to dignity damages upheld by BCCA
UBC v Kelly: VSLO successfully argues injury to dignity damages are not subject to a cap The BC Court of Appeal recently restored the highest-ever award of damages by the BC Human Rights Tribunal (“Tribunal”) for injury to dignity in a discrimination case. In University of British Columbia v. Kelly, 2016 BCCA 271, the Court of […]
Jan 30, 2015
SCC recognizes Right to Strike
The Supreme Court of Canada has recognized a constitutional right to strike as part of section 2(d) of the Canadian Charter of Rights and Freedoms. This precedent setting decision overturns a 1987 decision of the Court. The case involved legislation passed by Saskatchewan provincial government concerning essential services, but which effectively removed any right to strike from large portions […]
Jan 15, 2015
Supreme Court of Canada Decision – RCMP Right to Form Unions
On Friday, January 16th the Supreme Court of Canada will release a very important decision in – Mounted Police Association of Ontario et al. v. Attorney General of Canada (Ont.). The case will consider the right of members of the RCMP to form and join unions, as well as engage in collective bargaining. We know many of […]