Yes. Injunctions connected with a labour dispute are governed by a specialized statutory regime under section 102 of Ontario’s Courts of Justice Act. Although they remain injunctions, the ordinary procedural rules do not apply in exactly the same way. Section 102 imposes specific requirements concerning notice, evidence, timing, police assistance, without-notice relief, and appeals.
Rule 40.02(4) of the Rules of Civil Procedure expressly provides that the ordinary 10-day without-notice regime in Rule 40.02(1) to (3) does not apply to an injunction in a labour dispute under section 102.
What counts as a labour dispute under section 102?
Section 102 defines a labour dispute broadly.
It includes disputes concerning the terms, tenure, or conditions of employment, as well as disputes concerning the association or representation of persons involved in negotiating, fixing, maintaining, changing, or seeking to arrange employment terms or conditions.
The statutory definition can apply even where the disputants do not stand in a direct employer-employee relationship.
Is notice normally required for a labour injunction?
Yes.
Subject to the special exception in s. 102(8), an injunction restraining conduct connected with a labour dispute cannot be granted without notice.
For an interim injunction, s. 102(6) generally requires at least two days’ notice to the responding party and to other affected persons who are not named in the notice of motion.
An interim labour injunction may be granted for no longer than four days.
This is materially different from the ordinary civil procedure discussed in Can you get an injunction without notice to the other side in Ontario?.
Are there additional requirements before the court grants relief?
Yes.
Under s. 102(3), the court must be satisfied that reasonable efforts to obtain appropriate police assistance, protection, or action have been unsuccessful where the alleged problem involves matters such as danger of property damage, injury to persons, interference with lawful entry or exit, or a breach of the peace.
Section 102 also imposes a specialized evidentiary rule. Subject to the without-notice exception, affidavit evidence supporting the injunction must be confined to facts within the personal knowledge of the deponent. A party may also require the deponent to attend for cross-examination at the hearing.
Can a labour injunction ever be obtained without notice?
Yes, but s. 102(8) establishes its own statutory test.
Among other requirements, the court must be satisfied that the matter is otherwise a proper case for an interim injunction and that the delay required to give ordinary notice would result in irreparable damage or injury, a breach of the peace, or interruption of an essential public service.
Reasonable notification must also have been given to the persons affected, or the court must be satisfied that such notification could not have been given. The material facts supporting these requirements must be established through oral evidence.
The statute therefore creates a specific route for urgent labour injunctions rather than simply importing the ordinary Rule 40.02 procedure.
Why is disclosure especially important on a labour injunction?
Section 102(9) is unusually explicit.
A misrepresentation of a fact, or the withholding of qualifying relevant information, directly or indirectly in a proceeding under s. 102, constitutes contempt of court.
That statutory provision reinforces the importance of a complete and accurate evidentiary presentation where urgent labour-related relief is sought.
Are appeals from labour injunctions different?
Yes.
Under s. 102(10), an appeal from an order made under section 102 lies directly to the Ontario Court of Appeal without leave. That differs from the ordinary appeal route that may apply to an interlocutory injunction made in other civil proceedings.
See Can injunction orders be appealed in Ontario? for the distinction between ordinary injunction appeals and this statutory labour-dispute exception.
How does ME Law assess a labour injunction matter?
ME Law first determines whether the dispute falls within the statutory definition of a labour dispute and whether section 102 therefore governs the requested relief.
The analysis then addresses the applicable notice requirements, efforts to obtain police assistance where required, evidentiary restrictions, urgency, the proposed duration and scope of the order, and any special procedural or appellate consequences.
Because the statutory regime differs materially from an ordinary civil injunction, these issues should be identified before the motion record and proposed order are finalized.
For ME Law’s broader injunction practice, see Injunctions.
Contact ME Law if you are seeking or responding to injunctive relief arising from a labour dispute in Ontario.