The Professional Centre brought a motion for summary judgment against The Ottawa Hospital concerning the interpretation of parking provisions in a 49-year lease and related Memorandum of Agreement.
The Professional Centre alleged breaches regarding the availability of 250 parking spaces, remittance of revenue from 40 parking spaces, and unauthorized use of encroaching parking spaces and an access road.
The Hospital denied any breach, asserting it exercised contractual discretion in good faith.
The court dismissed all of the Professional Centre's claims, finding no breach of the lease, that the Hospital had an implied easement over the access road, and that the Professional Centre failed to prove damages, including a high vacancy rate, were caused by the alleged parking issues.