Plaintiff
Defendant
Background:
ONE Lodging Holdings LLC and its affiliates (collectively "ONE Lodging") provided hotel management services for properties owned by American Hotel Income Properties REIT (GP) Inc. and its affiliates (collectively "AHIP"). Disputes arose over the master agreement governing their relationship, particularly regarding a default notice issued by AHIP, which demanded over $17 million USD from ONE Lodging.
Legal Issues:
The primary issue was whether the master agreement’s dispute resolution clause (Clause 11) constituted an arbitration agreement. AHIP sought to stay the court proceedings in favor of arbitration under Clause 11, arguing it was a binding arbitration clause. ONE Lodging disputed this, arguing that Clause 11 was not an arbitration agreement and sought an injunction to prevent AHIP from proceeding with arbitration.
Jurisdiction:
The court considered whether it had jurisdiction to grant interim relief to enjoin the arbitration process. It was determined that jurisdiction existed under both statutory provisions and the inherent jurisdiction of the court.
Decision:
The court granted ONE Lodging’s request for immediate interim relief, enjoining AHIP from proceeding with the dispute resolution process under Clause 11 until the court resolved the stay application and the application for interlocutory relief.
Costs/Awards:
The document did not specify the total costs or awards in favor of either party, as the primary decision involved interim relief pending further judgment.
Court
Supreme Court of British ColumbiaCase Number
S244766Practice Area
Corporate & commercial lawAmount
Winner
PlaintiffTrial Start Date