This judgment addresses two related applications concerning the interpretation of a Parking Agreement and an Assignment Agreement.
The primary issues involved determining the correct formula for calculating parking rates, the necessity and admissibility of expert evidence, whether retroactive payments were due, and the authority of the parties to negotiate and fix parking rates.
The court interpreted the Parking Agreement to require rates based on commercial, bona fide, arm's length public parking rates, not landlord-to-tenant rates.
It rejected expert evidence as unnecessary for rate determination and found the submitted evidence from both sides deficient.
The court ordered retroactive payments from June 1, 2019, and implied a good faith obligation for all parties to negotiate the parking rate, clarifying that neither 1284225 Ontario Limited nor 200 Ferrand Realty Limited could unilaterally negotiate or impose rates.
