The defendant, Wrestling Canada Lutte, appealed a motion judge's decision declining to strike a breach of contract claim brought by the plaintiffs.
The plaintiffs alleged the defendant breached a dispute resolution clause by failing to engage in dispute resolution before terminating their independent contractor agreement without cause.
The Divisional Court allowed the appeal, finding that a valid without-cause termination does not constitute a 'dispute' under the contract.
Because the contract was validly terminated and no dispute had been referred to arbitration prior to termination, the dispute resolution clause was not triggered.
The statement of claim was struck in its entirety.
