Key Facts

• Unite Here Local 40 (the “Union”) sought a contempt order against Van-Air Holdings Ltd. dba Radisson Blu Vancouver Airport Hotel and Marina (“Van-Air”), alleging it violated a Labour Relations Board (LRB) order issued on September 19, 2023, which was filed with the court under s. 135 of the Labour Relations Code.
• The dispute arose from a lawful strike that began on May 3, 2021, after the collective agreement expired on June 30, 2018.
• The Union claimed Van-Air continued using CRC Contracting workers to clean rooms and move furniture, violating the LRB Order prohibiting the use of impermissible replacement workers under s. 68 of the Labour Relations Code.

Legal Analysis & Decision

• The legal test for civil contempt (from Carey v. Laiken, 2015 SCC 17) requires proof beyond a reasonable doubt of:
  1. A clear and unequivocal order.
  2. Knowledge of the order.
  3. Intentional conduct breaching the order.
• The court found that testimony from Ashwin Kumar (Van-Air’s director of operations) did not establish with certainty that CRC workers performed prohibited tasks after September 19, 2023.
• Some CRC workers may have been engaged in permitted activities, such as tradespeople cleaning after construction.
• Given the lack of precise evidence regarding the timeframe, the Union failed to prove contempt beyond a reasonable doubt.

Conclusion

The court dismissed the Union’s application and awarded costs to Van-Air. No amount specified.