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National > History and Development of Unions in Canada > Definitions:

What is an “injunction”?

An injunction is a court order for someone to stop doing something pending the outcome of a legal case. If an employer began a civil action against a union for inducing breach of contract, he or she could immediately ask the court to make an injunctive order that the union stop the industrial action until the case was decided.

Historically, an injunction was a legal tool to preserve a situation until a case was finally decided, but in the case of industrial action it totally destroyed the reason for the case. Even today, once a union cannot take immediate industrial action, the impetus for the dispute is lost, the dispute is often lost, and there is no reason to go to court. Union leaders face an impossible decision: whether to disregard the injunction and face personal and union liability for contempt of court, or to abide by the order and potentially give ground in the dispute.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

January 2005
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