Hotel Holdings Ltd. v. Canadian National Railway Co., (1975) 8 Nfld. & P.E.I.R. 301 (NFCA)

• Judge: Furlong, C.J.N., Mifflin and Noel, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: June 07, 1974
• Jurisdiction: Newfoundland and Labrador
• Citations: (1975), 8 Nfld. & P.E.I.R. 301 (NFCA)

Hotel Holdings v. CNR (1975), 8 Nfld. & P.E.I.R. 301 (NFCA);

    8 A.P.R. 301

MLB headnote and full text

Hotel Holdings Limited v. Canadian National Railway Co.

Indexed As: Hotel Holdings Ltd. v. Canadian National Railway Co.

Newfoundland Court of Appeal

Furlong, C.J.N., Mifflin and Noel, JJ.

September 16, 1975.

Summary:

This case arose out of a claim for compensation for services rendered by the plaintiff to the defendant. The plaintiff claimed against the defendant on a quantum meruit basis. The plaintiff hotel operator offered to provide restaurant and parking facilities if the defendant bus operator agreed to use the plaintiff's hotel as a terminal. The bus operator agreed to stop at the plaintiff's hotel under certain conditions which included renovations to the plaintiff's parking lot. In addition, the plaintiff hoped to reach an agreement with the defendant with respect to providing terminal facilities for the buses at the plaintiff's hotel. After providing the restaurant facilities for 14 months the plaintiff requested that the defendant pay to the plaintiff $1500.00 per month to cover the cost of providing restaurant service to bus passengers outside of regular meal hours. The plaintiff and the defendant did not reach an agreement with respect to terminal facilities and in addition the defendant refused to pay the $1500.00 per month. The defendant made arrangements for its buses to stop at another hotel. The plaintiff claimed against the defendant on a quantum meruit basis for compensation for rent and for the cost of renovations which it incurred. In addition, the plaintiff requested compensation for the operating losses which it incurred on providing restaurant facilities for the bus passengers.

The Newfoundland Supreme Court dismissed the plaintiff's action - see 4 Nfld. & P.E.I.R. 458.

On appeal to the Newfoundland Court of Appeal the appeal was dismissed and the judgment of the trial court was affirmed. The Newfoundland Court of Appeal stated that the plaintiff made its facilities available to the defendant with a view to increasing its restaurant business. The Newfoundland Court of Appeal stated that it was irrelevant to the plaintiff's claim that the increased restaurant trade proved unprofitable.

Restitution - Topic 2200

Benefit acquired from the plaintiff - Anticipated contracts which failed to materialize - Claim for quantum meruit - The plaintiff hotel operator offered to the defendant and agreed to provide restaurant and parking facilities for the defendant bus operator at the plaintiff's hotel - After providing the restaurant and parking facilities for 14 months the plaintiff requested the defendant to pay $1500.00 per month to cover the cost of providing restaurant service to bus passengers outside of regular meal hours - The defendant refused to pay the $1500.00 per month and made arrangements for its buses to stop at another hotel - The plaintiff claimed against the defendant for rent and for the cost of renovations to the plaintiff's parking facilities and for the operating losses which the plaintiff incurred for providing restaurant facilities for the bus passengers - The Newfoundland Court of Appeal dismissed the plaintiff's action - The Court of Appeal stated that the plaintiff made its facilities available to the defendant with a view to increasing its restaurant business - The Court of Appeal stated that it was irrelevant to the plaintiff's claim that the increased trade proved unprofitable.

Counsel:

Alan C. Seaborn, for the plaintiff-appellant;

P.J. Lewis, Q.C., for the defendant-respondent.

This appeal was heard by the Newfoundland Court of Appeal on June 7, 1974. Judgment was delivered by the Newfoundland Court of Appeal on September 16, 1975 and the following opinions were filed:

FURLONG, C.J.N., - see paragraphs 1 and 2,

MIFFLIN, J., - see paragraphs 3 to 22,

NOEL, J., - see paragraphs 23 to 31.