ABSTRACT
Facts: The plaintiff has been in the hotel business for many years. In 1975 she entered into an agreement to take control of 25 apartments in a building known as Banyan Court, owned by Caribbean Condominiums Ltd (hereinafter referred to as ‘CCL’) and conducted a hotel business on those premises. The defendant company is incorporated in the Province of Ontario, Canada, and carries on an extensive business as a tour operator. Suntours employs contract managers to negotiate contracts with hotels in Barbados for the accommodation of its clients. Among these contract managers was Mr Rhys Nash, who had been the manager of the Southern Palms Hotel from 1967 to 1969. In June 1975, Mr Nash, together with two vice-presidents of Suntours, came to Barbados and made a presentation, as it is described in the trade. Their purpose was to describe to hoteliers the new gateways that Suntours was opening (Halifax, Ottawa and Winnipeg) and the increased numbers of visitors who would be coming from these cities. By letter dated 21 August 1975, Suntours forwarded to the plaintiff the accommodation contract in respect of Banyan Court. For the plaintiff, the 1975-76 season was disastrous. From 1 February to the end of March, her revenue was $16,270.57. Outside those two months, there were never more than ten apartments occupied at any one time. She approached other hotels and took short-term tenants but could not take long-term tenants in case the accommodation was required by Suntours. She had to pay staff, purchase supplies and meet the cost of utility services. She was unable to pay the second or third instalments on the furniture. Her suppliers and her bankers sued and recovered judgments against her for a total of $124,563.17. By reason of the breaches of contract pleaded by the plaintiff, she seeks damages for breach of contract, for breach of warranty, and for negligent misrepresentation, such damages to include compensation for injury to her mental and emotional health and to her reputation.
