The plaintiff, Extreme Toronto Sports Club (XTSC), held license agreements for sports facilities managed by the defendant, Razor Management Inc. During the COVID-19 pandemic, the facilities were closed or restricted.
XTSC stopped paying license fees, arguing the agreements were 'pay-if-available'.
Razor terminated the agreements for non-payment and counterclaimed for arrears.
On a motion for summary judgment, the court found the agreements required payment for allocated time regardless of availability, subject only to specific bargained-for exceptions.
Razor's termination was valid, and summary judgment was granted for Razor on its counterclaim for $338,984.20.
XTSC's claim for wrongful termination was dismissed.
