Application for contravention of settlement dismissed as the alleged breach was de minimis.
The applicants filed an Application for Contravention of Settlement, alleging the respondents breached a prior settlement agreement when a security guard temporarily prohibited children from using a condominium billiard room.
The Tribunal held a summary hearing and found that the security guard's actions were based on a temporary mistaken belief that was quickly corrected when the applicants provided proof of the rule change.
The Tribunal concluded that the alleged breach was de minimis and dismissed the application as having no reasonable prospect of success.
Kevin K.R. Liu and Judith Zhang v. Metropolitan Toronto Condominium Corporation No. 541 (MTCC 541) and DEL Property Management Inc., 2014 HRTO 292