click for full text: 2006 BCSC 1033 Haggarty et al v. Heisterkamp et al
IN THE SUPREME COURT OF BRITISH COLUMBIA
Haggarty et al. v. Heisterkamp et al.,
THE SCOPE OF THE INJUNCTION
 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.
 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.
 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.
 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.
 Accordingly, the requested injunction is granted, but it is to expire at midnight on October 22, 2006.
 Costs shall be in the cause.
“E. Myers, J.”
The Honourable Mr. Justice E. Myers