No. S014582
VANCOUVER REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:

UNITED FOOD AND COMMERCIAL WORKERS'
UNION CANADA AND UNITED FOOD AND COMMERCIAL
WORKERS' UNION, LOCAL 777, GILBERT WHITLOCK AND DEAN PATRIQUIN

PLAINTIFFS

AND:

WILLIAM GAMMERT

DEFENDANT

ORDER

BEFORE         ) THE HONOURABLE MR.     ) FRIDAY THE

                              ) JUSTICE WILLIAMSON       ) 1st DAY OF

                      )                                           ) MARCH, 2002

THE APPLICATION OF the Plaintiffs, UFCW Canada, coming on for hearing at the Courthouse,
Vancouver, British Columbia, on the 1st day of March, 2002, and on hearing Richard L. Edgar
Esq. counsel for the Applicant, and William Gammert, appearing in person, and upon reading
the Affidavits of Michael Fraser sworn February 1, 2002, William Gammert, sworn February 15,
2002, and Hugh John Finnamore, sworn February 15, 2002 and by consent as indicated herein:

THIS COURT ORDERS that:

The United Food and Commercial Workers' International Union be substituted as a
Plaintiff in the place of the Untied Food and Commercial Workers' Union Canada, by
consent.

 

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2. That the Statement of Claim be amended in the form attached to the Notice of Motion, by consent.

3. That the relief sought in paragraph 3 and 4 of the Applicant's Notice of Motion be
adjourned generally, with leave to the Plaintiff to reapply on two days notice.

4. That a temporary interlocutory injunction is hereby issued on the following bases, by
consent:

i. The Defendant is enjoined from reproducing the Constitution of the United Food
and Commercial Workers' International Union ("the Constitution") on his website,
such order to be effective commencing March 8, 2002;

ii. This order is conditional on the United Food and Commercial Workers'

International Union posting on the website of the United Food and Commercial
Worker's Union Canada a true copy of the Constitution, no later than July 1,
2002;

iii. In the event the Constitution is not posted on the website of the United Food
and Commercial Workers' Canada within the time limited, the Defendant will be
free to publish an exact duplicate of the Constitution on a website unconnected
to his current website, so long as no other comments are included in that
website.

5. Costs on this application will be costs in the cause, by consent.

By the Court.

Registrar

APPROVED AS TO FORM:

(as to the Orders in paragraphs 3 and 4)

AND CONSENTED TO:

(for the balance of the Orders)

Counsel for the Plaintiff

William Gammert

 

If you need the Constitution you will have to grab it from UFCW Canada when they post it as per the BC Supreme Court order.

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