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.
The defendants brought an application seeking an order for Imperial Parking to produce certain confidential business documents which the defendants claimed were relevant to determining damages.
Simon Coval and Daniel Byma were successful in having the application dismissed and Imperial Parking was not required to produce its confidential documents.