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An examination of the use of the injunction in labour management disputes Rowney, Edward William

Abstract

The purpose of the study was to determine if the labour injunction was a necessary recourse for Canadian labour management disputes. It was hypothesized that the use of injunctions is a function of attitudes rather than legislation; that there tends to be an increase in the incidence of injunctions during periods of industrial conflict; and that the injunction must be available to protect the right to private property and the right to private contract. These postulates were substantiated through a review of the injunctive processes of Great Britain, Australia, the United States and Canada (Ontario and British Columbia). It was further hypothesized, that if the injunctive legislation was necessary, then the present process required change, as it is not as efficacious as originally postulated. The alternatives presented are based on data obtained from the analysis of the three previously named countries and Canada. The proposed changes are presented in relation to British Columbia, but are applicable to the other provinces of Canada.

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