Supreme Court
Decision Information
Decision: Dismissed
Subjects: Labour law - Industrial disputes - Contempt proceedings - Breach of injunction
Decision Content
5^ 6fV ^3, 6^3 CV 03864 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OFt ROYAL OAK MINES INC. - and -CANADIAN ASSOCIATION OF SMELTER AND ALLIED WORKERS LOCAL NO.4, AND BILL SCHRAM, HARRY SEETON, BOB KOSTA, RICK CASSIDY, AL SHEARING, AND ROBIN J2^Z. l.LUIDO FRANCESCHI
ipt of the Reasons for Judgment delivered by the Honourable Mr. Justice J. E. Richard, sitting at Yellowknife, in the Northwest Territories, on December 23, A.D. 1992.
APPEARANCES! MR. S. DUKE On behalf of the Applicant MR. A. MARSHALL On behalf of the Respondent MR. D. MILLER On behalf of the Attorney General OFFICIAL COURT REPORTERS
1 THE COURT: I am not going to take up any more of 2 my time on this application. I am going to say fairly 3 clearly counsel, once again, that I find it astounding 4 that we have to wait six months to take up the court's 5 time on an application that simply has to do with 6 whether this man was aware of the specific provisions 7 of a court order. 8 Presumably the man is served with a piece of 9 paper, he takes it to the union lawyer, the union 10 lawyer has to know what his position is; simply that 11 he doesn't deny anything that Terry Burkholder says, 12 or anything that Jim Keenan says. He says I didn't 13 have notice of the order. Counsel sees in the order 14 he has to have notice of it before he is found in 15 contempt. 16 The object of the exercise is that Mr. Franceschi 17 learn that he can't do it; that takes about two 18 minutes, maybe five minutes of court time. But no, we 19 wait six months, we wait six months. The application 20 is dismissed. 21 (AT WHICH TIME THIS MATTER WAS ADJOURNED) 22 23 Certified a correct transcript. 24
25 2 6 Loretta Mott Court Reporter 27
OFFICIAL COURT REPORTERS