William E. Stransky and Ariyana Dhawan (with previous assistance from Alex Kim) successfully represented the defendant and counterclaimant, Crystal Square Parking Corporation, in a long-running dispute around the enforceability and recovery of amounts owing under an agreement for the operation and cost-sharing of a parking facility in a large mixed-use development.
The first trial in the action took place in November 2016. At that trial, the court had rejected Crystal Square’s argument that the strata was bound by any agreement to pay for parking fees and expenses. As a result, the Court excused the strata from past and future liability under the agreement and dismissed Crystal Square’s counterclaim for unpaid fees and expenses under it.
Ken McEwan, KC, and Emily Kirkpatrick were retained for the appeal of that judgment, on which they were successful. On further appeal by the strata to the Supreme Court of Canada, after the first virtual hearing in the Supreme Court of Canada, Ken and Emily were successful in having the appeal dismissed. The issue was whether the strata was bound by the terms of the strata contract at issue, notwithstanding it was created at the time of the property’s development (before the strata existed). As a result of that finding, the Supreme Court of Canada remitted the claim and counterclaim to the trial court for a determination of other contractual defences and, if those were unsuccessful, consideration of the counterclaim and the amount owing. Copies of those decisions are here and here.
Crystal Square was originally represented by their former counsel at the continuation of the trial, with McEwan Partners taking over for the litigation of the counterclaim. At conclusion of the trial, and after dismissing the contractual defences for which the claim was remitted, the court accepted McEwan Partners’ arguments on liability and damages and awarded the entire amount claimed to Crystal Square – including its legal fees, management fees, and contractual interest (totalling approximately $2.8 million).
The full reasons can be found here.
May 21, 2026