ORDER No. S-063934
IN THE SUPREME COURT OF BRITISH COLUMBIA
Pat Haggarty, Len Embree, Ken Lippett, Randy Smith,
Don Pengilly, Eugenio Zanotto, Mike Lang,
John Starkey and Bill Duck
Tony Heisterkamp and Frank Nolan
Before: The Honourable Mr. Justice D.F. TYSOE
Tuesday, the 11th Day of September, 2006
THE APPLICATION of the Defendants for a mandatory Injunction coming on for hearing at Vancouver, BC, on the 11th day of September, 2006; and on hearing G.F. Culhane, counsel for the Defendants, A.D. McDonell, QC, counsel for the plaintiffs; and on reading the material filed:
1. This court Orders that the Plaintiff members of the Executive Board of the British Columbia Provincial Council of Carpenters shall comply with the Constitution of the union by holding the annual Convention of the union at a date not later than 90 days after the 25th of July, 2006, at a hotel in Vancouver subject further, to the following conditions:
2. The Plaintiff Len Embree or his nominee shall call a meeting of the Executive Board forthwith upon service of the Order in accordance with the Constitution.
3. That all parties shall have liberty to apply.
4. The Secretary of the Union, the plaintiff Pat Haggarty or his nominee shall issue the call for a Convention in accordance with the Constitution.
5. The matters to be considered and disposed of at such Convention shall include the resolutions communicated to the Executive Board by the Statements of intent of the Local trade unions set out as Exhibit C to the Affidavit of Tony Heisterkamp filed herein.
6. Cost shall be in the Cause.
BY THE COURT
Entered Sep 12 2006 Vancouver Registry
The Injunction June 22, 2006
2006 BCSC 1033 Haggarty et al v. Heisterkamp et al