Imperial Parking Canada Corporation brought an action against its former CEO and consultant for, amongst other things, breach of fiduciary duty. The central issue was whether the CEO, without Imperial Parking’s knowledge or consent, waived the consultant’s contractual non-competition obligations in order to form a competing parking business to take contracts from Imperial Parking.
Simon Coval and Daniel Byma argued the case for Imperial Parking and obtained a judgment of over $1.5 million and disgorgement of all profits wrongfully taken by a former CEO, the consultant, and their companies. In making the award, the Court held that the CEO breached his fiduciary obligations and the consultant assisted in the breach.
