Aquilini Investment Group ordered to pay US$600,000 for contract breach
Credit to Author: Keith Fraser| Date: Thu, 06 Feb 2020 23:36:52 +0000
The company that owns the Vancouver Canucks has been ordered to pay more than US$600,000 in damages after breaching a contract to purchase Google G-Suite licences for Rogers Arena.
In June 2017, Aquilini Investment Group entered into an agreement with Six Factor Professional Services to purchase 1,000 of the online business office tools for a total license fee of US$484,000.
The deal also called for additional licences to be purchased and full deployment and support services.
Six Factor, an authorized reseller of Google’s G-Suite toolset, delivered and installed the G-Suites at Rogers Arena, home of the Canucks, in July 2017.
In December 2017, the Aquilini Group asked for a further 20 suites, which Six Factor delivered and installed at a cost of US$11,760.
After the Canucks owners terminated the agreement in July 2018, Six Factor sued the company for damages.
The Aquilini Group admitted that it was liable for the breach of contract, and the only issue at trial was the amount of damages to be awarded.
Six Factor, which bills itself as Western Canada’s leading Google partner, sought the price the Aquilini Group agreed to pay for the licences and services and argued that it was a simple and straightforward breach of contract.
The Aquilini Group argued that it was an action for damages and not debt under the contract and that Six Factor was entitled only to the profit it expected to make on the contract, about US$55,000.
In a ruling posted on the court’s website Wednesday, B.C. Supreme Court Justice Catherine Murray sided with Six Factor.
“What is material is that Six Factor is not seeking recovery of its costs, it is seeking only the payment due by Aquilini under the contract,” said the judge.
“I do not accept Aquilini’s argument that the contract price Six Factor expected to receive under the contract could amount to overcompensation.”
The judge awarded US$607,000, representing the contract amount plus PST and GST and court-ordered interest, in addition to the cost of the additional licences and the costs of technical and training deployment.