Dispute over revenue-sharing and control of parking rates for a lot shared between the parties.
Ferrand provided parking spaces to tenants (Don Valley Business Park and Amexon Realty), while 128 had the right to collect revenue, keeping 40% and remitting 60% to Ferrand.
A disagreement arose when 128 negotiated a new parking rate with Amexon, but Ferrand refused to sign because it argued 128 had no right to modify rates, as it was not a party to the parking agreement.
Key Issues:
Rate Setting: Whether 128 had the right to participate in setting parking rates.
Implied Term: The lower court judge implied a term allowing 128 to negotiate parking rates, even though this issue was not raised by the parties.
Court's Decision:
The appeal court ruled 128 had no right to participate in parking rate negotiations, as it was not a party to the parking agreement.
The implied term by the lower court was improper because the parties weren’t consulted.
Outcome: The judgment was set aside, and both 128’s and Ferrand's applications were dismissed.
