Telus Mobility v. Telecommunications Workers Union

Telus Mobility v. Telecommunications Workers Union

The prothonotary found the Union established the low threshold prima facie case necessary to issue a show cause order against Telus Mobility and against David Wells because the filed arbitrator's order had been brought to defendants' attention, the automated activation system continued to exclude bargaining unit members and immediate remedial steps were not taken; mens rea is not required for civil contempt and directors or parent companies are only prima facie liable where evidence shows aiding/abetting, idle standing by or failure to take reasonable steps to prevent the breach — which was not established for Telus Communications Inc. or the other named directors/officers.

Citation
2002 FCT 656
Parties
Employer: Telus Mobility; Union: Telecommunications Workers Union; Parent Company / Related Entity: Telus Communications Inc.; Individual Executive Vice President (telus Mobility): David Wells; Individual President & CEO (telus Mobility) / Director (telus Communications): George Cope; Individual Director (telus Communications Inc.): Butler; Individual Director (telus Communications Inc.): Triffo; Individual Director (telus Communications Inc.): Entwistle; Individual Director (telus Communications Inc.): Harris; Individual Director (telus Communications Inc.): Canfield
Court
Federal Court
Jurisdiction
Canada
Judgment Date
10 June 2002
Procedural Posture
Enforcement of Arbitrator's Order Under Canada Labour Code S.66 and Contempt Application / Show Cause Motion Under Federal Court Rules (rule 467)
Outcome
Show cause order to issue against Telus Mobility and David Wells; no show cause order against Telus Communications Inc. or the other named officers and directors
Legal Topics
Arbitration Enforcement, Contempt of Court, Service and Notice, Parent Subsidiary Liability, Officer/director Liability, Federal Court Procedural Rules
Source Language
English
Labour Law Civil Contempt Administrative Law Corporate Law Procedural Law Arbitration Enforcement Contempt of Court Service and Notice +3 more

Case Brief

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Parties

Telus Mobility

Employer

Telecommunications Workers Union

Union

Telus Communications Inc.

Parent Company / Related Entity

David Wells

Individual Executive Vice President (telus Mobility)

George Cope

Individual President & CEO (telus Mobility) / Director (telus Communications)

Butler

Individual Director (telus Communications Inc.)

Triffo

Individual Director (telus Communications Inc.)

Entwistle

Individual Director (telus Communications Inc.)

Harris

Individual Director (telus Communications Inc.)

Canfield

Individual Director (telus Communications Inc.)

Procedural Posture

Enforcement of Arbitrator's Order Under Canada Labour Code S.66 and Contempt Application / Show Cause Motion Under Federal Court Rules (rule 467)

Legal Issues

  1. 1 Whether the filed arbitrator's order has force of a court judgment under s.66(1) of the Canada Labour Code
  2. 2 Whether Telus Mobility and named persons had requisite knowledge of the order to permit contempt proceedings
  3. 3 Whether mens rea is required for civil contempt

Ratio Decidendi

The prothonotary found the Union established the low threshold prima facie case necessary to issue a show cause order against Telus Mobility and against David Wells because the filed arbitrator's order had been brought to defendants' attention, the automated activation system continued to exclude bargaining unit members and immediate remedial steps were not taken; mens rea is not required for civil contempt and directors or parent companies are only prima facie liable where evidence shows aiding/abetting, idle standing by or failure to take reasonable steps to prevent the breach — which was not established for Telus Communications Inc. or the other named directors/officers.

Court Disposition

Show cause order to issue against Telus Mobility and David Wells; no show cause order against Telus Communications Inc. or the other named officers and directors

Orders

  • Show cause order to issue requiring Telus Mobility and David Wells to appear to show cause why they should not be held in contempt of the filed arbitrator's order
  • No prima facie case found against Telus Communications Inc. or the named directors Entwistle, Butler, Triffo, Harris and Canfield