Elizabeth J. Forster

The corporate defendant was found liable at trial for terminating the contracts of dependent contractor taxi drivers without notice.

The trial judge also found the individual directors liable.

On appeal, the Court of Appeal set aside the finding of liability against the individual directors, holding that they were not parties to the contract and there was no evidence of tortious conduct such as intentional interference with economic relations or inducing breach of contract.

The applicant union sought judicial review of an arbitrator's award dismissing its grievance for delay.

The arbitrator found that the union failed to explain a one-year delay in scheduling the resumption of the arbitration hearing, contrary to the collective agreement's requirement to expedite proceedings.

The Divisional Court dismissed the application, finding the arbitrator's interpretation of the collective agreement and exercise of discretion to be reasonable, and noting that the union's delay in perfecting the judicial review application also militated against granting relief.