Daishowa, Inc. v. Friends of the Lubicon

[1998] 39 O.R. (3d) 620 (Can.)

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Daishowa, Inc. v. Friends of the Lubicon

Ontario Superior Court of Justice
[1998] 39 O.R. (3d) 620 (Can.)

Facts

Daishowa Inc. (plaintiff) was granted a permit to cut trees in an area claimed by the Lubicon Cree Nation. Friends of the Lubicon (the Friends) (defendant), a small public-interest group working to support the rights of the Lubicon Cree, reached out to Daishowa, seeking a commitment not to cut in the area until the Lubicon Cree’s claims were settled. Unable to secure such a commitment, the Friends started a boycott campaign against Daishowa. The Friends contacted companies that purchased products from Daishowa and asked the companies to join the boycott. If the companies refused, the Friends conducted picketing outside the companies’ stores. Daishowa brought an action against the Friends, seeking a permanent injunction restraining the Friends from picketing at the stores. Daishowa alleged several tort claims and claimed that the Friends were engaged in unlawful secondary picketing: picketing at the customers of Daishowa rather than at Daishowa itself. Daishowa argued that the secondary picketing impaired Daishowa’s right to pursue its economic interest.

Rule of Law

Issue

Holding and Reasoning (MacPherson, J.)

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