Williams v. Aristocratic Restaurants

Williams v. Aristocratic Restaurants

Majority: Peaceful patrolling with truthful placards, without unlawful threats, intimidation or other unlawful acts, did not constitute a criminal offence nor a common law private nuisance on the facts and was protected by the Trade-unions Act s.3; the Industrial Conciliation and Arbitration Act did not abrogate that protection in these circumstances. Therefore the Court allowed the appeal and restored the trial judge's dismissal of the broader injunction and damages claim.

Citation
[1951] SCR 762
Parties
Appellant (individual, President of Local 28): Robert Williams; Appellant (individual, Secretary of Local 28): D. P. Morrison; Appellant (trade Union): Hotel and Restaurant Employees' International Union, Local 28; Respondent (plaintiff, Employer): Aristocratic Restaurants (1947) Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 June 1951
Procedural Posture
Civil Appeal (labour) / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia; Judgment on Appeal
Outcome
Appeal allowed; judgment of trial judge restored; Court of Appeal judgment reversed in part
Legal Topics
Picketing, Statutory Immunity for Unions, Private Nuisance, Collective Bargaining and Certification, Interpretation of Trade Unions Act and Conciliation Act, Criminal Code S.501 Exception for Communication of Information
Source Language
English
Labour Law Tort (nuisance) Criminal Law Administrative Law (labour Relations) Picketing Statutory Immunity for Unions Private Nuisance Collective Bargaining and Certification +2 more

Case Brief

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Parties

Robert Williams

Appellant (individual, President of Local 28)

D. P. Morrison

Appellant (individual, Secretary of Local 28)

Hotel and Restaurant Employees' International Union, Local 28

Appellant (trade Union)

Aristocratic Restaurants (1947) Ltd.

Respondent (plaintiff, Employer)

Procedural Posture

Civil Appeal (labour) / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia; Judgment on Appeal

Legal Issues

  1. 1 Whether the picketing (patrolling with truthful placards) constituted a criminal offence under Criminal Code s.501
  2. 2 Whether the picketing amounted to a common law private nuisance actionable in damages or by injunction
  3. 3 Whether Trade-unions Act (R.S.B.C. 1948 c.342 ss.3,4) authorized/immunized the picketing

Ratio Decidendi

Majority: Peaceful patrolling with truthful placards, without unlawful threats, intimidation or other unlawful acts, did not constitute a criminal offence nor a common law private nuisance on the facts and was protected by the Trade-unions Act s.3; the Industrial Conciliation and Arbitration Act did not abrogate that protection in these circumstances. Therefore the Court allowed the appeal and restored the trial judge's dismissal of the broader injunction and damages claim.

Court Disposition

Appeal allowed; judgment of trial judge restored; Court of Appeal judgment reversed in part

Orders

  • Appeal allowed with costs here and in the Court of Appeal
  • Restore judgment of Wilson J. (trial judge) dismissing action except for limited injunction against establishing a picket line about plaintiff's places of business and stating to prospective patrons that there is a picket line