A-708-80
R. Rahoman, N. Devine, G. Springett, M. P.
Gravelle, J. M. Stang, S. M. Long, G. Binder and
Reggie Frechette, personally and as representa
tives of all those persons who are employed by Her
Majesty the Queen in right of Canada in the
Public Service of Canada and who are members of
the Public Service Alliance of Canada except
those who are members of the Clerical and
Regulatory Group who are not designated pursu
ant to section 79 of the Public Service Staff
Relations Act (Appellants)
v.
The Queen and Attorney General of Canada
(Respondents)
Court of Appeal, Urie and Le Dain JJ. and Kerr
D.J.—Ottawa, June 2, 1981.
Prerogative writs — Interim injunction — Appeal from
decision of Trial Judge to grant injunctive relief to prevent
defendants from striking illegally — Appeal dismissed.
APPEAL.
COUNSEL:
L. M. Joyal, Q.C. for appellants.
D. Friesen and D. Kubesh for respondents.
SOLICITORS:
Honeywell, Wotherspoon, Ottawa, for appel
lants.
Deputy Attorney General of Canada for
respondents.
The following are the reasons for judgment of
the Court delivered orally in English by
URIE J.: It will not be necessary to hear from
you Mr. Friesen and Mr. Kubesh.
We have not been persuaded that the learned
Trial Judge erred in granting the injunction
[[1981] 1 F.C. 773] here under appeal notwith
standing the sanctions contained in the Public
Service Staff Relations Act, R.S.C. 1970, c. P-35.
Moreover, we are of the opinion that in the exer
cise of his discretion as to whether or not he should
grant injunctive relief, he carefully considered the
affidavit evidence placed before him and there was
in those affidavits, evidence upon which he could
have properly concluded, as he did, that the
injunction should issue.
The appeal will therefore be dismissed with
costs.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.