DATE: 20030617

DOCKET: C39371

COURT OF APPEAL FOR ONTARIO

RE:

C.A.W. LOCAL 1688 (Complainant/Respondent) – and – 366838 ONTARIO LTD., carrying on business as CITY WIDE TAXI (Respondent/Appellant)

BEFORE:

WEILER, LASKIN and GOUDGE JJ.A.

COUNSEL:

James N. Aitchison

for the appellant

Barry J. Carmichael

for the respondent

HEARD:

June 13, 2003

On appeal from the order of Justice Clair B. Marchand of the Superior Court of Justice dated December 24, 2002.

E N D O R S E M E N T

Released orally: June 13, 2003

[1] The Appellant (“City Wide”) appeals from the Order of the Justice C. Marchand of the Superior Court of Justice dated the December 24, 2002 wherein he found the Appellant in contempt of the Award of arbitrator Paul Craven dated February 5, 2002.

[2] In order for there to be a finding of contempt the misconduct alleged must be established beyond a reasonable doubt and the order or agreement sought to be enforced must be clear and unequivocal.

[3] The appellant submits that the agreement reached between the parties was ambiguous and that it should not have been found in contempt. We disagree. The parties agreed to the divisor and to a numerator calculated by reference only to dispatch tags. The appellant acknowledges that it has been calculating the numerator by going beyond just the dispatch tags. To this extent there is no doubt that both the order is clear and the violation is clear. Therefore to this extent the company is in contempt.

[4] The appeal is dismissed with costs payable to the respondent fixed at $7500.

“K. M. Weiler J.A.”

“John Laskin J.A.”

“S. T. Goudge J.A.”