Telus Communications (Re: Motion for Substituted Service)

Telus Communications (Re: Motion for Substituted Service)

The Court held that the proposed service amendments would constitute personal service only on the Union and not on individual picketers, but that substituted service can, if properly satisfied, suffice for contempt under Rule 56(10); accordingly the Court granted the Plaintiffs' request to require the Union to communicate the Order promptly to its officers, members, shop stewards and picket captains (including posting on its website and forwarding by e-mail) and ordered the Union to provide the Court with evidence of who received the Order in any subsequent contempt application.

Citation
2006 BCSC 26
Parties
Plaintiffs: Telus Communications Inc., Tele-Mobile Company and TM Mobile Inc.; Defendants: Telecommunications Workers Union, Its Officers, Members, Servants, Agents And Representatives, and John Doe, Jane Doe And Other Persons Unknown To The Plaintiffs Acting as Pickets and/or Attending at or near the Premises of the Plaintiffs as set out in Schedule "A" AND "B" Hereto or at the Premises of Customers of the Plaintiffs
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 January 2006
Procedural Posture
Application for Injunctive Relief and Motion for Substituted Service (civil; Labour Dispute) / In Chambers Application (post Order Application to Amend Service Provisions)
Outcome
Application granted in part: Court ordered communication obligations on the Union and clarified that such service counts as personal service only for the Union; substituted service does not equal personal service for other named defendants but may support contempt findings if the Court is satisfied of actual notice...
Legal Topics
Substituted Service, Service on Unions, Rule 56(10), Rule 45, Communication of Court Orders to Members, Contempt Proceedings
Source Language
English
Civil Procedure Labour Law Contempt of Court Injunctions Service of Process Substituted Service Service on Unions Rule 56(10) +3 more

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Parties

Telus Communications Inc., Tele-Mobile Company and TM Mobile Inc.

Plaintiffs

Telecommunications Workers Union, Its Officers, Members, Servants, Agents And Representatives, and John Doe, Jane Doe And Other Persons Unknown To The Plaintiffs Acting as Pickets and/or Attending at or near the Premises of the Plaintiffs as set out in Schedule "A" AND "B" Hereto or at the Premises of Customers of the Plaintiffs

Defendants

Procedural Posture

Application for Injunctive Relief and Motion for Substituted Service (civil; Labour Dispute) / In Chambers Application (post Order Application to Amend Service Provisions)

Legal Issues

  1. 1 Whether substituted service of an injunctive order is permissible for the purposes of future contempt proceedings
  2. 2 Whether service on the Union constitutes personal service on individual picketers and other named defendants
  3. 3 Whether proof of "actual notice" under Rule 56(10) can substitute for personal service

Ratio Decidendi

The Court held that the proposed service amendments would constitute personal service only on the Union and not on individual picketers, but that substituted service can, if properly satisfied, suffice for contempt under Rule 56(10); accordingly the Court granted the Plaintiffs' request to require the Union to communicate the Order promptly to its officers, members, shop stewards and picket captains (including posting on its website and forwarding by e-mail) and ordered the Union to provide the Court with evidence of who received the Order in any subsequent contempt application.

Court Disposition

Application granted in part: Court ordered communication obligations on the Union and clarified that such service counts as personal service only for the Union; substituted service does not equal personal service for other named defendants but may support contempt findings if the Court is satisfied of actual notice...

Orders

  • Once service of the Order has been effected on the Union Offices, the Defendant, Telecommunications Workers Union, shall communicate this Order forthwith to its officers, members, servants, agents, representatives, shop stewards and picket captains by posting the Order forthwith on its website, by providing copies...
  • If there are subsequent applications by the Plaintiffs that picketers be held in contempt of this Order, the Defendant Union is ordered to provide to the Court advice as to whether the alleged contemnor is an officer of the Union, officer of a local of the Union, job steward, or picket captain who received a copy of...