The applicant filed an application alleging that the respondents contravened Minutes of Settlement by failing to pay $10,000 and fulfill other non-monetary obligations.
The central issue was whether the term 'the respondents' in the settlement agreement applied to all three named respondents, including a former manager who was no longer employed by the corporate respondent.
The Tribunal found the term latently ambiguous and admitted extrinsic evidence of the negotiating history.
The Tribunal concluded that the corporate respondent and its president were jointly and severally liable for the settlement obligations, but the former manager was not.
The Tribunal ordered the corporate respondent and its president to pay the $10,000 with pre- and post-judgment interest, but declined to award additional compensation for the breach.
