Respondents ordered to pay outstanding settlement funds and compensation for emotional impact of breach.
The applicants filed Contravention of Settlement Applications alleging the respondents breached Minutes of Settlement by failing to make required instalment payments.
The respondents admitted the breach but cited financial difficulties.
The Tribunal found that financial difficulties do not excuse compliance with a binding settlement agreement.
The Tribunal ordered the respondents to pay the outstanding principal amount of $8,000 with pre-judgment interest, plus $1,500 to each applicant as compensation for the emotional impact of the breach.
Valerio Torcato and Myrtle Torcato v. Fulton Engineered Specialties Inc. and Walter Widla, 2015 HRTO 687