TORONTO – The Canadian Film and Television Production Association said it was astonished to learn that ACTRA is appealing the court decision passed down by Madam Justice Pepall in favour of the CFTPA’s request to appoint an arbitrator, a producers’ release said Wednesday.
"Especially after expressing its concern of wasting time and money with ‘fruitless legal strategies,’ I fail to see the logic in ACTRA appealing this decision," said John Barrack, chief negotiator, CFTPA, "Not only does this action further illustrate ACTRA’s total disregard for the instability it has caused within the industry, but it goes one step further in trying to dismantle the IPA and prolong the court process."
In her decision, Madam Justice Pepall noted that ACTRA had on several occasions refused to enter into arbitration, says the release. "This appears to be one more attempt to avoid having to answer the question of whether or not their strike is legal and whether the continuation letters are valid."
ACTRA is officially on strike, but there are no pickets as productions and actors have signed side deals in order to remain at work.
Earlier this week, both sides claimed victory in the court’s decision.
"The court sided with ACTRA and stated that there was no evidence the continuation letter strategy ACTRA adopted had caused ‘irreparable harm’ to the industry or the CFTPA as the CFTPA had claimed," said the ACTRA release.
The court also ruled that unspecified issues should continue to be litigated before an arbitrator. Arbitrations are often lengthy. Appeals are also possible.
The CFTPA said on Monday, however, that is was "pleased with the decision of the court which validates the integrity of the negotiating protocol. This is truly a win for the industry and may be the catalyst required to get a deal done,” said John Barrack, chef negotiator, CFTPA “The matter of the illegal strike and continuation letters will be dealt with in arbitration, where it belongs.”
No new talks are planned. The actors have been without a contract since December 31, 2006.
