The applicant landlord applied to enforce Minutes of Settlement resolving a commercial lease dispute with the respondent tenant.
The settlement provided for a rent reduction contingent on the tenant's revenues, requiring the tenant to provide monthly HST returns.
The tenant failed to file or provide the returns for several months.
The court found the tenant in breach of the settlement and the duty of good faith performance, ordering the release of $16,155.77 held in trust to the landlord to offset outstanding rent.
