Cassels Brock, on behalf of Crescent Hotels and Resorts Canada Company (“Crescent”), succeeded in a summary judgment motion against the Owner of the Westin Prince Hotel (“Owner”) and was awarded damages in the total amount of $1,026,652.44 plus pre-judgment interests and costs.
In granting Crescent’s summary judgment motion, Justice Brown of the Ontario Superior Court of Justice held that Owner had terminated the hotel management agreement between the parties without cause. As a result, Owner was contractually required to pay Crescent: (1) an early termination fee totalling $763,150.20; and (2) out-of-pocket expenses and management fees totalling $263,502.24. The Court rejected Owner’s allegation that the hotel management agreement was terminated for cause and that the early termination fee was not owing.
Crescent Hotels and Resorts Canada Company was represented by Tim Pinos and Carly Cohen.