Thursday, July 13, 2006

2006 BCSC 1033 Haggarty et al v. Heisterkamp et al

click for full text: 2006 BCSC 1033 Haggarty et al v. Heisterkamp et al
IN THE SUPREME COURT OF BRITISH COLUMBIA
Citation:
Haggarty et al. v. Heisterkamp et al.,
 
THE SCOPE OF THE INJUNCTION
[17]            The test for an interlocutory injunction having been met, the question that remains to be determined is the scope of the injunction, in particular its temporal scope.
[18]            The plaintiffs ask for an injunction pending a trial of this action.  But that asks too much.  A trial of this action could easily take place as late as three years from now.  If the injunction were to endure for that length of time it would interfere with the defendants running for office again.  It would assist in the further deferrals of the annual convention, and that, legitimately, is of great concern to the defendants.  In my view it would not be right to preserve the status quo for that length of time since it would, in effect, provide the plaintiffs something to which they are not entitled under the Union's constitution.  That is not the purpose of an injunction.  Further, that would not serve the interests of the parties and most importantly the Union membership who are entitled to have their Union governed by the rules of their constitution.  The availability of summary trial is not an answer to this since the case might or might not be one appropriate for summary trial.
[19]            On the other hand, I do not have in front of me a cross application by the defendants for a mandatory injunction requiring the plaintiffs to call an annual convention.
[20]            I conclude, therefore, that the appropriate temporal scope of the injunction should be four months.  The time required to requisition and hold a convention is, I am told, three months.  Four months allows this to be done with a one month margin of safety.  It also provides sufficient time for other motions to be made to this Court, if necessary, such as one for a mandatory injunction if the convention is not called.
[21]            Accordingly, the requested injunction is granted, but it is to expire at midnight on October 22, 2006.
[22]            Costs shall be in the cause.

“E. Myers, J.”
The Honourable Mr. Justice E. Myers

13 comments:

Anonymous said...

To me the Judge seems to be saying CALL A FRIGGIN' CONVENTION PRONTO OR ELSE!" Am I wrong on this?

Anonymous said...

they have till the 22th of july to call a convention.

Anonymous said...

If you read the biased report that the Council immediately sent out there is no mention that they are required by law now to get the convention call out or they are in contempt - more propoganda no potatoes is another reason that Smeggerty has to go, he outright lies all the time.

Anonymous said...

To me this the judge says the election of Tony Heisterclac and Frank "yappy neutered dog" or "Brians bitch" was a total fraud
Remember thats what they were in court for.

Martyn Piper said...

Hey fellow red neck conservative, you sound smart enough to work in Alberta, call me at 780.471.3200

Anonymous said...

The Ottawa Carpenters for a Democratic Union (OCDU) was established in Ottawa, Ontario, Canada in 1997 by a small group of members of the United Brotherhood of Carpenters and Joiners of America, Local Union 93, as a direct result of and in an attempt to counter a major restructuring initiative within the United Brotherhood of Carpenters & Joiners of America (UBCJA).

At the time all UBCJA Local Unions across North America were being forced to merge into “Councils”. Although some Local Unions were supportive of the “new direction” or restructuring initiative being led by UBCJA General President Douglas McCarron the majority of members were in opposition.

The opposition to the new direction revolved primarily around the “loss of voice and vote” by individual members not only during the restructuring process but also a loss of a core fundamental democratic process for evermore. Simply put if the “Councils” operated as “full service” which would include directly appointing Business Managers and Organizers what say or voice would the rank and file have? Also the membership was not provided an opportunity to voice opposition through vote on the re-structuring initiative. The direction from the International was clear “…restructuring will take place with each Local Union within the entire Carpenters Union.”

Virtually overnight with the stroke of a pen the Carpenters Union would never be the same. The loss of autonomy at the Local union level was felt by all – to some the end to democracy within local unions was now upon the UBCJA.

Although numerous Locals in the United States and Canada opposed re-structuring the plan was implemented – Regional Councils were formed in almost all provinces and states.

Anonymous said...

So, let me see if i got this right:
Judge Myers gives Provincial Council four months to call a convention.
The bcpc constitution states that convention call is to go out to the local unions 90 days before the start of convention.
So, October 22 then you count back 90 days from the 22 of october and you end up arround july 21.
So, convention call shoud be sent out by the bcpc sec. treas. arround the 21 of july!

Anonymous said...

oh yeah i forgot one thing;

LOCK AND LOAD!

Anonymous said...

Is it the same 17 members (or 6%) of Local 1346 who showed up for the Executive elections in Vernon who are giving Tony Heisterclac a mandate to participate in fucking up where the members in Canada want to go. Just because you don't have the vision or the brainpower to underststand something doesn't make it bad.

Anonymous said...

never mind the members in canada you moron.I am concerned about the members in BRITISH COLUMBIA.

Anonymous said...

I'll put up $20 that those Kingsway bandits will have to be dragged back before the Judge kicking and screaming before they call a convention. What an unbelievable lack of leadership! What a joke!

Anonymous said...

NICE TO SEE YOU GUYS ARE OUT OF BED AND IN THE OFFICE IT SURE MUST BE HARD BEING A BOOZER IN YOUR FIFTIES. NO WORRIES QUITTING TIME IS SOON AND THE WEEKEND IS COMING.

Anonymous said...

I just want to say thanks to Dave Livingston for making this forum possible. Its nice to have real info in front of me instead of nothing but roomers. Thanks Dave