Porter Airlines and Nieuport Aviation disputed the calculation of terminal fees at Billy Bishop Airport under a Licence Agreement.
Porter argued it could pay fees based on a variable daily slot allocation and claimed force majeure due to the COVID-19 pandemic to excuse non-payment.
Nieuport argued fees were based on a fixed, recurring number of daily slots and counterclaimed for unpaid fees.
The court held that the Licence Agreement required payment based on a fixed number of recurring daily slots.
The court also found that the COVID-19 pandemic did not trigger the force majeure clause to excuse Porter's payment obligations.
Porter was ordered to pay over $131 million in damages for unpaid terminal fees, while Nieuport's recourse under a guarantee was limited to specified aircraft.
