Google requested to remove groups post pursuant to court order
July 27, 2005
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Sender Information:
[Private]
Sent by: [Private]
[Private]
Canada
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Recipient Information:
[Private]
Google, Inc.
Mountain View, CA, 94043, USA
Sent via:
Re:
ACTION NO.: 0501-11065
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF CALGARY
BETWEEN:
TELUS COMMUNICATIONS INC., TELE-MOBILE COMPANY,
Plaintiffs (Applicants)
TELECOMMUNICATIONS WORKERS UNION, ITS
OFFICERS, MEMBERS, SERVANTS, AGENTS AND
REPRESENTATIVES, AND JOHN DOE, JANE DOE AND
OTHER PERSONS UNKNOWN TO THE PLAINTIFFS
ACTING AS PICKETS AND/OR ATTENDING AT OR
NEAR THE PREMISES OF THE PLAINTIFFS
Defendants (Respondents)
BEFORE THE HONOURABLE MME. JUSTICE C.A. KENT IN CHAMBERS
At the Court House, in the City of Calgary, in the Province of Alberta, on Wednesday, the 27th day of July, 2005
ORDER UPON THE APPLICATION of the Plaintiffs;
AND UPON HEARING from Counsel for the Plaintiffs and Counsel for the Defendant Telecommunications Workers Union;
AND UPON REVIEWING the Statement of Claim and the Notice of Motion filed July 26, 2005 herein, together with the supporting affidavit evidence;
IT IS HEREBY ORDERED THAT:
1. The Defendants, by themselves, their servants, agents and otherwise and each of them, and anyone attending at or near the premises of the Plaintiffs, including those premises set out in Schedule "A" to the Affidavit of Brad Harper, filed herein (the "premises of the Plaintiffs"), or at the premises of customers of the Plaintiffs and anyone having knowledge of this Order, be restrained, enjoined and prohibited until further Order of this Court from:
(a) picketing at, on or near the premises of the Plaintiffs or at the premises of customers of the Plaintiffs, in such a manner as to unduly blockade, obstruct or impede access to and from, ingress to or egress from the premises;
(b) unduly blockading, obstructing or impeding persons adjacent to or in the vicinity of the premises of the Plaintiffs, or the premises of customers of the Plaintiffs, or so attempting, at or on streets, sidewalks, parking lots, roads or highways adjacent to such premises;
(c) trespassing at the premises of the Plaintiffs or at premises of customers of thev,. Plaintiffs;
(d) intimidating, threatening or having any physical contact with the Plaintiffs and their employees, contractors, agents, tenants, customers or suppliers, or others in privity of contract with the Plaintiffs at or near the premises of the Plaintiffs or at or near the premises of customers of the Plaintiffs including persons entering onto or exiting from such premises ;
(e) posting for public viewing on any website any photographs or identifying features with the intent of intimidating or threatening any employees, contractors, agents, tenants, customers or suppliers of the Plaintiffs or others in privity of contract with the Plaintiffs;
(f) aiding, abetting, counseling, procuring, inducing, supporting, encouraging, or conspiring with others, either directly or indirectly, in any manner to bring about any of the acts enjoined above;
2. This Order may be served upon the Defendants:
(a) by delivering a copy of the Order to counsel for the Defendant Telecommunications Workers Union;
(b) by posting a copy of this Order on the website for the Defendant Telecommunications Workers Union; and
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(c) by posting a copy of this Order in a prominent location at those premises of the
Plaintiffs, and their customers, where any of the Defendants are in attendance.
3. The time for notice of this application is abridged;
4. This is an Interim Order to ensure lawful conduct on the part of all parties and there has been no finding on any level that any misconduct has or has not occurred. This Order is prospective and to prevent harm and ensure the safety of all parties to this action and their representatives.
5. Costs of and incidental to this Application may be addressed by the parties at a future date as may be required.
J.C.Q.E.A.
Clerk of the Court
APPROVED AS THE FORM OF THE ORDER GRANTED: BENNETT JONES LLP
Per:
Anthony L. Friend, Q.C.
Solicitor for the Plaintiffs (Applicants) TELUS Communications Inc.
MCGOWN JOHNSON Per:
William J. Johnson, Q.C.
Counsel for Telecommunications Workers Union
DMSLegal\043071 \00226\2118347v5
ACTION NO: 0501-11065
IN THE COURT OF QUEEN'S BENCH OF
ALBERTA
JUDICIAL DISTRICT OF CALGARY
BETWEEN:
TELUS COMMUNICATIONS INC.,
TELE-MOBILE COMPANY, and
TM MOBILE INC.
Plaintiffs (Applicants) - and -
TELECOMMUNICATIONS WORKERS UNION,
ITS OFFICERS, MEMBERS, SERVANTS,
AGENTS AND REPRESENTATIVES,
AND JOHN DOE, JANE DOE AND OTHER
PERSONS UNKNOWN TO THE PLAINTIFFS
ACTING AS PICKETS AND/OR ATTENDING
AT OR NEAR THE PREMISES OF THE
PLAINTIFFS
Defendants (Respondents)
ORDER
BENNETT JONES LLP Barristers and Solicitors 4500 Bankers Hall East
855 - 2nd Street SW Calgary, AB T2P 4K7
Anthony L. Friend, Q.C. / John R. Gilmore
Telephone No.: [private]
Fax No.:[private]
Our File No.:43071-226
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Chilling Effects Clearinghouse page printed from: https://www.chillingeffects.org/notice.cgi?NoticeID=2383;nocache=1
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