Toronto: City Bylaw on Parking Tickets Unfair, Justice of the Peace Says

Update:

His Worship Patrick Marum was appointed to the court as a Justice of the Peace on September 7, 2006. As a result of Judge Strathy’s decision in Association of Justices of the Peace of Ontario v. Ontario (Attorney General) [2008] O.J. No. 2131 (Superior Court of Justice), the mandatory retirement age for justices of the peace is now age 75.
His Worship Patrick Marum was appointed to the court as a Justice of the Peace on September 7, 2006. As a result of Judge Strathy’s decision in Association of Justices of the Peace of Ontario v. Ontario (Attorney General) [2008] O.J. No. 2131 (Superior Court of Justice), the mandatory retirement age for justices of the peace is now age 75.

see source

Court not allowed to lower set fine amount

TORONTO – A justice of the peace wants to challenge Toronto’s bylaw that people should have to pay the set fine amount on parking tickets.

Patrick Marum told those in his Markham Rd. courtroom Monday morning to deal with parking tickets that he didn’t think it was fair to take a day off work to pay, and with little or no law experience, to foot the full price of the ticket. Marum reduced fines for the tickets before him unless they were withdrawn.

SOME BACKGROUND:

A records management company named Iron Mountain appeared in court on Oct. 17, 2014 to fight six parking tickets — ranging from $40 to $15 — in exchange for a guilty plea. The fines were reduced by a justice of the peace. The City of Toronto appealed one of those fines and a judge’s decision issued in July declared Iron Mountain should pay the set price on the ticket, according to the city.

WHAT MARUM SAYS:

— Ordering the people of Toronto to pay the full amount of the ticket for disputed parking matters while others in Ontario have more flexibility is unfair.

— “It seems to me that the City of Toronto bylaw is a step lower than the provincially enacted laws and … a bylaw should not have the authority to overrule a provincial law or any of its sections.”

— He wants to make sure unrepresented defendants have their rights protected.

— Offences committed prior to the Iron Mountain decision — as were the ones Marum heard Monday — are not governed by that decision, even if that decision is correct.

http://fightyourtickets.ca/wp-content/uploads/2014/03/2013-06-29_4479.jpg
Some Toronto Parking Enforcement Officers are overzealous and over ticket to meet their daily quota’s. Picture by fightyourtickets.ca

CITY SPOKESMAN JOHN GOSGNACH WITH INFO FROM LEGAL SERVICES:

— A justice of the peace of the Ontario Court of Justice cannot overrule the decision of a judge of the Ontario Court of Justice (Iron Mountain was decided by a judge). Also, a decision of a justice of the peace is not binding on a fellow justice of the peace.

— “I’m told that the higher court ruling about Iron Mountain still stands. (Monday’s) action did not set a new precedent.”

— The fixed fines can be found in the Municipal Code Chapter 950, Section 950-1201.

— The fixed fines were first introduced in 2011 and amends the previous Chapter 950 municipal code. On Jan. 23, 2014, the amendment came into effect.

PEOPLE IN THE COURT FIGHTING TICKETS:

— A man named Dean brought his mother’s death certificate as an explanation for why he had been illegally parked at Scarborough Grace Hospital. Without hearing the reason, Marum reduced the ticket from $30 to $10. “In some instances, yeah, they should reduce the fine,” Dean said. “I have to go pay for parking right now. Plus the gas money to get here in the first place. But instead of going into the whole spiel, better just to pay the $10.”

— Ernest D’Souza, 64, fought the first parking ticket he received in 32 years of living in Toronto. The back of his car was jutting four feet from the curb. His ticket was reduced from $50 to $30. “A lot of people cannot afford to pay,” D’Souza said. “I am losing $100 for not going to work to argue this $50 ticket.”

Ontario: New Tougher Laws in 2016 for Pedestrian Crossovers/School Crossings

Update: see previous posts – Police To Enforce the Making Ontario’s Roads Safer Act, Bill 31 Starting Today

Road safety: Pedestrians

New rules at pedestrian crossovers and school crossings

Starting January 1st, 2016, drivers (including cyclists) must stop and yield the whole roadway at:

  • pedestrian crossovers; and,
  • at school crossings where there is a crossing guard displaying a school crossing stop sign.

These rules apply at pedestrian crossovers identified with specific signs, road markings and lights – the new rules do not apply to pedestrian crosswalks at intersections with stop signs or traffic signals, unless a school crossing guard is present.

The new law, part of Making Ontario’s Roads Safer Act, also provides municipal road authorities the ability to install new types of pedestrian crossovers on low speed, low volume roads in addition to the existing crossovers.

It is up to both drivers and pedestrians to keep everyone safe on Ontario roads. Learn more about how to stay safe as a pedestrian and as a driver.

For Pedestrians

It is up to both drivers and pedestrians to keep everyone safe on Ontario roads. Learn more about how to stay safe as a pedestrian and as a driver.

  • Cross only at marked crosswalks or traffic lights. Don’t cross in the middle of the block or between parked cars.
  • Make sure drivers see you before you cross. If the driver is stopped, make eye contact before you step into the road.
  • Wear bright or light-coloured clothing or reflective strips, especially at dusk or when it’s dark.
  • At a traffic light:
    • Cross when traffic has come to a complete stop.
    • Cross at the start of a green light.
    • Don’t cross once the “Don’t Walk” signal starts to flash or the light turns yellow.
    • Never cross on a red light.
  • Watch for traffic turning at intersections or turning into and leaving driveways.

For Drivers

Pay special attention to pedestrians as you drive. Here are some tips to follow:

  • Always look for pedestrians, especially when turning.
  • Watch for children. Drive slowly and cautiously through school zones, residential areas, or any other area where children could be walking or playing.
  • Watch out for Community Safety Zone signs that indicate areas where there is a special risk to pedestrians.
  • Be patient, especially with seniors or pedestrians with disabilities who need more time to cross the road.
  • Drive carefully near streetcar stops with islands or zones for passengers getting on and off. Pass them at reasonable speeds, and always be ready in case pedestrians make sudden or unexpected moves.

Fines

Drivers will be fined $150 to $500 and 3 demerit points for offences at pedestrian crossings, school crossings and at crosswalks where there are traffic signals. The maximum fine for running a red light – a practice that puts pedestrians at risk – is $200 to $1000.

Fines are doubled in Community Safety Zones, near schools and public areas. These areas are clearly marked with signs.


For Parents

Show your children how to cross a road safely. Teach them to:

  • Stay to the side of the road, walking as far away from traffic as they safely can
  • Stop and look both ways at the edge of the sidewalk before they cross a road
  • Take extra care on roadways that have no curbs
  • Watch out for blind corners (for example, a car coming out of an alley may not see a child pedestrian about to cross).

New Pedestrian Safety Changes – Frequently Asked Questions

Q1: What is the new law for pedestrians?

Q2: Why are cyclists included with cars in this law?

Q3: Why did the province make this change?

Q4: Where does the new law apply? Not apply?

Q5: What is the difference between a pedestrian crossover and a crosswalk? Are they different?

Q6: What is a school crossing?

Q7: Does the law apply province wide?

Q8: What are the penalties?

Q9: Are there any new types of crossovers where this law will apply?

Q1: What is the new law for pedestrians?

Effective Jan. 1, 2016, drivers and cyclists must stop and yield the entire roadway at:

  • pedestrian crossovers; and,
  • school crossings  and all intersections where there is a crossing guard.

Only when pedestrians and school crossing guards are safely on the sidewalk, can drivers and cyclists proceed.

Q2: Why are cyclists included with cars in this law? 

Cyclists must follow the same rules as drivers and may face the same fine as drivers – the new law requires cyclists to stop and yield the whole roadway to pedestrians and school crossing guards before proceeding.

Q3:  Why did the province make this change?

This new law is intended to make roads safer for school children, pedestrians and school crossing guards.  Pedestrians, school children and school crossing guards are among the most vulnerable road users. The new law responds to recommendations related to pedestrian safety in the Chief Coroner’s Report on Pedestrian Deaths released in 2012 and also to numerous requests from municipalities and safety organizations.

Q4: Where does the new law apply?  Not apply?

Applies at:Does not apply at:
  • All pedestrian crossovers.
  • School crossings and any location where a school crossing guard is present.
  • Crosswalks – with or without traffic signals or stop signs – unless a school crossing guard is present

Q5: What is the difference between a pedestrian crossover and a crosswalk?  Are they different?

They are different.  The new law applies at pedestrian crossovers, not at crosswalks – unless a school crossing guard is present.

Pedestrian crossovers are identified by specific signs, pavement markings and lights – they have illuminated overhead lights/warning signs and pedestrian push buttons.

diagram of a pedestrian crossover. The image shows a mid-block pedestrian crossover on a four-lane roadway. Two large white X marks appear on the roadway in the two lanes approaching the crossover. The crossover is marked by two sets of double white bars which run across the roadway. Two rectangular signs with a large black X and the word “pedestrians” in black on a white background are installed at the crossover on each side of the roadway – underneath, there are two signs with the message “stop for pedestrians”. Two rectangular amber signs with a black X marking are installed over the roadway, one for each direction of travel. There are two round amber lights near the inside edges of the rectangular amber signs. Pedestrians are crossing the road. Cars and a bicycle are stopped at the crossover. They must wait until pedestrians are on the sidewalk across the road before they proceed.

Drivers and cyclists must wait until pedestrians have completely crossed the road

A crosswalk is a crossing location usually found at intersections with traffic signals, pedestrian signals or stop signs. A crosswalk can be:

  • the portion of a roadway that connects sidewalks on opposite sides of the roadway into a continuous path; or,
  • the portion of a roadway that is indicated for pedestrian crossing by signs, lines or other markings on the surface of the roadway at any location, including an intersection.

diagram of crosswalks at an intersection with traffic signals and pedestrian signals. The image shows a four-way intersection of two two-lane roadways. There are two traffic signals for each direction of travel. There are four crosswalks which link the corners of the intersection. Each crosswalk is marked by two parallel white bars that run across the roadway. There is a pedestrian signal at each end of every crosswalk. Cars and bicycles are stopped at stop lines marked by white bars on one roadway. Stopped cars and bicycles are facing a red light. Pedestrians who face a lit-up “walking person” symbol in white on the pedestrian signal are crossing the roadway. When this symbol is not lit up and the orange hand symbol is lit up, pedestrians are not allowed to enter the crosswalk. Cars and bicycles proceed through the intersection when the traffic light they face turns green.

Illustration of crosswalks at an intersection with traffic signals and pedestrian signals

Q6: What is a school crossing?

A school crossing is any pedestrian crossing where a school crossing guard is present and displaying a school crossing stop sign.

diagram of an example of a school crossing. The image shows a mid-block pedestrian crosswalk on a two-lane roadway marked by two sets of double white bars which run across the roadway. Two rectangular signs with black symbols of two school children crossing on a fluorescent yellow green background are installed at the school crossing on each side of the roadway – underneath, there are two fluorescent yellow green signs with the message “school crossing” in black. A school crossing guard is showing a school crossing stop sign to cars and bicycles stopped at the crossing. Children are crossing the road. Cars and bicycles must wait until the school crossing guard and children crossing the road are on the sidewalk across the roadway before they proceed.

Drivers and cyclists must wait until children, school crossing guards and all pedestrians have completely crossed the road

Q7: Does the law apply province wide?

Starting January 1, 2016 the new law applies province wide to all pedestrian crossovers, school crossings and all intersections where a school crossing guard is present.

Q8: What are the penalties?

Drivers and cyclists may face a fine in the range of $150-$500 – drivers may also face 3 demerit points. Fines will be doubled in community safety zones.

Q9: Are there any new types of crossovers where this law will apply?

Yes. In response to requests from municipalities for more options for pedestrian crossovers, starting January 1, 2016, municipal road authorities may choose to install one of the new types of crossovers. The law will apply to these new types of pedestrian crossovers in municipalities that choose to install them.

diagram of a pedestrian crossover. The image shows a mid-block pedestrian crossover on a two-lane roadway. A ladder crosswalk, consisting of many white parallel bars between two perpendicular white outer lines, runs across the roadway. A yield to pedestrians line made of white triangles with the bottom points facing the direction of approaching traffic appears on the roadway in each direction of travel before the crossover. These lines look like shark teeth. There are two rectangular signs with a black symbol of a person crossing from right to left on a white background installed at the crossover: one on a pole on the side of the roadway and another one above the roadway facing approaching traffic. There is a rectangular flashing light above the sign on the side of the roadway and underneath a sign which reads “stop for pedestrians”. The signs and light are also installed on the other side of the crossover, but the black symbols show a person crossing from right to left. Pedestrians are crossing the road. Cars and a bicycle are stopped at the shark teeth lines. They must wait until pedestrians are on the sidewalk across the road before they proceed.

Drivers and cyclists must wait until pedestrians have completely crossed the road

diagram of a pedestrian crossover. The image shows a mid-block pedestrian crossover on a two-lane roadway. A ladder crosswalk, consisting of many white parallel bars between two white outer lines, runs across the roadway. A yield to pedestrians line made of white triangles with the bottom points facing the direction of approaching traffic appears on the roadway in each direction of travel before the crossover. These lines look like shark teeth. A rectangular sign with a black symbol of a person crossing the road from right to left on a white background is installed at the crossover on the side of the roadway. There is a rectangular flashing light above the sign and a sign underneath which reads “stop for pedestrians”. The signs and light are also installed on the other side of the crossover, but the black symbols show a person crossing from right to left. Pedestrians are crossing the road. Cars and a bicycle are stopped at the shark teeth lines. They must wait until pedestrians are on the sidewalk across the road before they proceed.

Drivers and cyclists must wait until pedestrians have completely crossed the road

diagram of a pedestrian crossover. The image shows a mid-block pedestrian crossover on a two-lane roadway. A ladder crosswalk, consisting of many white parallel bars between two white outer lines, runs across the roadway. A yield to pedestrians line made of white triangles with the bottom points facing the direction of approaching traffic appears on the roadway in each direction of travel before the crossover. These lines look like shark teeth. A rectangular sign with a black symbol of a person crossing from right to left on a white background is installed at the crossover on the side of the roadway. There is also a sign which reads “stop for pedestrians” under that sign. The signs are also installed on the other side of the crossover, but the black symbols show a person crossing from right to left. Pedestrians are crossing the road. Cars and a bicycle are stopped at the shark teeth lines. They must wait until pedestrians are on the sidewalk across the road before they proceed.

Drivers and cyclists must wait until pedestrians have completely crossed the road


Recommended for you

Ontario: High-Occupancy Toll Lanes Pilot Coming to the QEW in Summer 2016

Update: see previous post – August 25, 2015 High Occupancy Toll Lanes (HOT Lanes) Are Coming in GTA

The high-occupancy toll (HOT) lanes pilot project will be launched between Trafalgar Rd. in Oakville and Guelph Line in Burlington next summer.
The high-occupancy toll (HOT) lanes pilot project will be launched between Trafalgar Rd. in Oakville and Guelph Line in Burlington next summer.

see source

Province’s Pilot Project Offers New Option For Quicker Travel

A High-Occupancy Toll, or HOT, lane pilot project will begin on a section of the QEW between Trafalgar Road in Oakville and Guelph Line in Burlington in summer 2016 to help manage congestion and add another option for travellers.

The pilot is the first step of Ontario’s plan to implement HOT lanes throughout the region. In this pilot project, existing High-Occupancy Vehicle (HOV) lanes on the QEW will be converted to HOT lanes. Carpools of two or more occupants will still be able to use the QEW HOT lanes for free, while single occupant drivers will now have the option to purchase a permit to use them. A limited number of permits will be available to allow single occupant drivers to use the HOT lanes during the pilot.

Information gathered through the pilot will be used to  inform long-term planning for future HOT lanes, including new, dedicated HOT lanes with electronic tolling on Highway 427, from south of Highway 409 to north of Rutherford Road, which will open by 2021.

As they have done in other jurisdictions such as Minneapolis, Seattle and Atlanta, HOT lanes will help reduce congestion in general use lanes and help them move faster, as well as promote behaviour changes by encouraging people to carpool.

Ontario is making the largest infrastructure investment in the province’s history – more than $134 billion over 10 years, which is making 110,000 jobs possible every year across the province, with projects such as roads, bridges, transit systems, schools and hospitals. Between April and September, the province announced support for more than 200 projects that will keep people and goods moving, connect communities and improve quality of life. Bringing HOT lanes to Ontario builds on that progress.

Managing congestion is part of the government’s plan to build Ontario up. The four-part plan includes investing in people’s talents and skills, making the largest investment in public infrastructure in Ontario’s history, creating a dynamic and innovative environment where business thrives and building a secure retirement savings plan.

QEW Pilot Project As part of the HOT lanes pilot project, 16.5 kilometres of the QEW -- in both directions -- from Trafalgar Road in Oakville to Guelph Line in Burlington, will be converted from the current HOV lanes to HOT lanes. This pilot project could last up to four years.
QEW Pilot Project
As part of the HOT lanes pilot project, 16.5 kilometres of the QEW — in both directions — from Trafalgar Road in Oakville to Guelph Line in Burlington, will be converted from the current HOV lanes to HOT lanes. This pilot project could last up to four (4) years.

Quick Facts

  • HOT lanes will complement other initiatives, such as GO Regional Express Rail that will increase GO Train trips by 50 per cent over the next five years with more stops serving more communities.
  • As is the case today, carpools of two or more, and vehicles with green license plates, can continue to use the lanes without a permit.
  • Single occupant drivers using the QEW HOT lanes will use a permit available for purchase. There will be a limited number of permits made available. Further details, including pricing and availability will be announced in spring 2016.
  • Over the past 13 years, Ontario has been ranked first or second for having the fewest traffic deaths and safest roads among all jurisdictions in North America.
  • Ontario’s population is expected to grow by approximately 40 per cent by 2041, placing additional importance on having modern infrastructure to support a growing population.

Implementation Timeline

Spring 2016: Province to announce details regarding pricing and availability of the High-Occupancy Toll (HOT) lanes pilot project permits.

Summer 2016: Start of the HOT lanes pilot project on the existing High-Occupancy Vehicle (HOV) section of the QEW from Trafalgar Road in Oakville to Guelph Line in Burlington. Pilot results will be used to inform long-term planning for future HOT lanes.

2021: Opening of dedicated HOT lanes with electronic tolling on Highway 427, from south of Highway 409 to north of Rutherford Road.

QEW Pilot Project

As part of the HOT lanes pilot project, 16.5 kilometres of the QEW — in both directions — from Trafalgar Road in Oakville to Guelph Line in Burlington, will be converted from the current HOV lanes to HOT lanes. This pilot project could last up to four years.

The QEW was selected for the pilot because it has the most free capacity available during peak traffic hours of the three existing HOV lanes on provincial highways in the Greater Toronto Area and would provide benefits in both directions throughout the day.

Carpools of two or more occupants and drivers with green plates can continue to use the lanes without a permit. Single occupant drivers using the QEW HOT lanes will have the option of purchasing a permit to drive in the HOT lane.

The pilot will start with a limited number of permits available. Results will determine if additional permits will be made available and will be used to inform long-term planning for future HOT lanes.

Other jurisdictions in North America have successfully introduced a permit model for HOT lanes. In Utah, for example, a sticker was used beginning in 2006 converting to an electronic tolling system in 2010.

Highway 427

As the first part of broader HOT lanes implementation, there will be a 15.5 kilometre stretch of dedicated HOT lanes with electronic tolling in both directions on Highway 427, from south of Highway 409 to north of Rutherford Road starting in 2021.

No existing general purpose lanes on provincial highways will be removed for HOT lanes.

Ontario’s HOT lanes will be provincially controlled. The Ministry of Transportation is continuing to work with the Ontario Provincial Police to plan enforcement.

 

 

Canadian Drivers with G Licenses must meet New Medical Standards to operate Commercial Vehicles in the United States – April 1, 2016

Update:

The FMCSA has identified Canadian drivers operating commercial vehicles in the US with Class G driver’s licences (equivalent Class 5 licence in other Canadian jurisdictions) as needing to come into compliance with US law by April 1, 2016.
The FMCSA has identified Canadian drivers operating commercial vehicles in the US with Class G driver’s licences (equivalent Class 5 licence in other Canadian jurisdictions) as needing to come into compliance with US law by April 1, 2016.

see source

Medical standards for class G drivers driving for commercial purposes in the USA

Starting April 1st, 2016, Canadian drivers with G licenses must meet new medical standards to operate commercial vehicles in the United States.

What’s changing

Effective April 1, 2016 US law will require drivers of:

  • A vehicle defined as commercial with a Weight/Rating* of 4,536 kg (10,001 pounds) or more, to have completed a medical examination indicating they are physically qualified to safely operate a commercial vehicle.

* Gross Vehicle Weight Rating, Gross Combination Weight Rating, Gross Vehicle Weight or Gross Combination Weight

Full details of US Federal Motor Carrier Safety Administration (FMCSA) definition of a commercial motor vehicle can be found at:
Federal Motor Carrier Safety Regulations Section 390.5.

Canadian licensed commercial drivers are qualified to operate in the US if they meet all of the requirements to operate in Canada and do not have:

  • Diabetes – insulin dependent;
  • Hearing impairment;
  • Epilepsy requiring anti-convulsant medication for control

Why this has changed

The Canada-US medical reciprocity agreement recognizes a Canadian commercial licence as proof that a medical has been completed.

The FMCSA has identified Canadian drivers operating commercial vehicles in the US with Class G driver’s licences (equivalent Class 5 licence in other Canadian jurisdictions) as needing to come into compliance with US law by April 1, 2016.

What affected drivers need to know

There are three options to obtain the appropriate medical confirmation in advance of April 1, 2016:

Drivers failing to obtain appropriate medical confirmation by April 1, 2016 may be subject to fines and/or the vehicle may be placed out-of-service by US enforcement. Note that the Medical Review Section commitment is to review medical reports and take appropriate action within 30 business days – it is recommended that drivers submit medical reports as soon as possible.

Once obtained, it is important to note that proof of medical confirmation must be in the driver’s possession when operating in the US after April 1, 2016.

Medical Report Review

Your ability to obtain a Medical Confirmation Letter depends on your medical report:

  • Once your report is reviewed and if you meet the medical standards a confirmation letter will be sent to you;
  • Failure to meet the medical standards may result in a request for additional medical information or driver’s licence suspension.

Reapplying for a Medical Confirmation Letter

You will be required to reapply for the medical confirmation letter every:

  • 5 years for drivers 18 to 45 years of age;
  • 3 years for drivers 46 to 65 years of age;
  • 1 year for drivers 66 years of age or older

It is your responsibility to re-apply for a new Medical Confirmation Letter (as per the process outlined above) prior to the expiry of the medical confirmation. The expiry date is clearly indicated on the Medical Confirmation Letter from MTO.

If you have questions regarding the US FMCSA commercial-use vehicle requirements, please contact FMCSA at 1-202-366-4001.

Contact the ministry

By mail:

Ministry of Transportation
Driver Improvement Office
Medical Review Section
77 Wellesley Street West, Box 589
Toronto, Ontario M7A 1N3

By phone: 416-235-1773 or 1-800-268-1481 (within Ontario)

By fax: 416-235-3400 or 1-800-304-7889

By email: [email protected]

Business hours: 8:30 a.m. to 5 p.m., Monday to Friday

Former Impark CEO Ordered by Judge to Repay $1.2 Million

Update:

 Impark operates 1600 parking facilities in 16 cities across Canada, largely on behalf of the owners of the locations. Its subsidiaries, Advance Parking and Metro Parking, operate in the Vancouver area. Its corporate headquarters are in Vancouver. In addition, Impark is occasionally hired to provide labor as a contractor to operate a facility. It may also provide the patrolling services in the lots.
Impark operates 1600 parking facilities in 16 cities across Canada, largely on behalf of the owners of the locations. Its subsidiaries, Advance Parking and Metro Parking, operate in the Vancouver area. Its corporate headquarters are in Vancouver. In addition, Impark is occasionally hired to provide labor as a contractor to operate a facility. It may also provide the patrolling services in the lots.

see source

The circumstances surrounding a fierce battle in Vancouver’s parking industry have led a B.C. Supreme Court judge to order the former CEO of Impark to give the company back more than $1.2 million in severance pay.

Justice Emily Burke found Herbert Anderson breached his fiduciary duty to Impark by changing and then concealing an agreement which paved the way for him to set up a rival company with former consultant Michael Menzies.

Picked to be pallbearer

Anderson left Impark in 2010; he and Menzies went on to form GoPark, a company which Impark claims has been approaching its employees and competing for contracts since its inception in 2012.

Herbert Anderson

Former Impark CEO Herbert Anderson is now CEO of GoPark. (GoPark)

As part of her ruling, Burke also ordered GoPark to give up its profits from 2012 to March 2014.

“This matter involves competition in the corporate world and the fiduciary duties of an officer of a large company,” Burke wrote in the introduction to her lengthy decision.

As well as being veterans of the parking industry, Anderson and Menzies are close friends; according to the decision Anderson lists Menzies as a “pallbearer at his funeral in the event of his own death.”

In 2006, Impark paid $5.2 million to buy two of Menzies’ parking companies in Winnipeg and Vancouver. As part of the deal, he also signed a consulting agreement with Impark, which operates 1,600 parking lots across Canada.

The consulting agreement was supposed to expire in August 2012, with Menzies agreeing not to compete with Impark for an extra two years until 2014.

‘Incredulous’ they were now competing

It was that deal that ended up at the heart of the lawsuit.

According to the decision, Anderson signed an agreement in June 2010 canceling the final year of the agreement and eliminating the two-year non-competition clause. Two months later, Anderson left Impark with $1.2 million in severance.

The matter came to light in 2011, when new Impark CEO Allan Copping met Menzies for lunch for a “catch up meeting.”

Menzies told him about the amended agreement, but Copping claimed that when he returned to the office, only the old deal was on file.

Michael Menzies

Former Impark consultant Michael Menzies is now the president of GoPark (GoPark)

In 2012, Copping got reports about a new company, GoPark, calling employees and approaching Impark clients in Toronto and Vancouver. A corporate search turned up Anderson and Menzies’ names among GoPark’s three directors.

“Mr. Copping was ‘incredulous’ that Mr. Menzies was involved with GoPark,” Burke’s decision reads.

“Impark was immediately concerned about the competitive threat of Mr. Menzies. Mr. Copping noted Mr. Menzies had ‘a lot of relationships locally, business relationships, and had had a good track record of competing with Impark.”

Trying to save the company money?

At trial, Impark accused Anderson of breaching his fiduciary duty when he was CEO by signing the letter which released Menzies from his obligation not to compete.

“By all appearances, the only interests served by the letter agreement were your own personal interests in being able to combine and compete against Impark much sooner that you could have otherwise,” Copping wrote in a letter to Anderson and Menzies which was entered into evidence.

Anderson argued that he was trying to save the company money in a tough economic climate by eliminating a $180,000-a-year consultant’s contract. And he argued that Impark “reconstructed, exaggerated, and distorted” Menzies’ actual value.

But the judge found he was a competitive threat who had intimate knowledge of the Canadian parking market.

Burke found that Anderson was in a conflict of interest when he reached the agreement with Menzies and that the two concealed the letter from Impark, which never located a copy in their files.

The judge ordered Anderson to pay back his severance.

But she also found that he and Menzies couldn’t have operated GoPark prior to March 2014 without the breach of fiduciary duty.

As a result, Burke ordered both men and their company to turn all GoPark profits earned up to that point over to Impark.