The respondents brought a motion to stay the applicant condominium corporation's application to enforce a settlement agreement regarding shared amenities.
The respondents argued the dispute was subject to mandatory mediation and arbitration under section 132 of the Condominium Act, 1998 and the parties' Reciprocal Agreement.
The court applied the Haas framework and found that the dispute fell within the scope of the arbitration agreement.
The motion was granted and the application was stayed in favour of mediation and/or arbitration.
