In the case of Day v. Lambton Condominium Corporation No. 31, the tribunal addressed allegations of non-compliance with a Settlement Agreement between the parties. Key takeaways from the decision include:

Impossibility of Performance: The tribunal determined that Term 4 of the Settlement Agreement became impossible to perform after changes in the management company and the designated contact's employment status. As a result, Term 4 came to an end, and the parties were not obligated to maintain the specific process outlined in the agreement.

De Minimis Breach: The tribunal considered the breach to be minor, and it aligned with the principle established in a previous case, Harrison, where minor breaches were addressed with a minimal remedy.

Severability: The decision highlighted that Term 4 of the Agreement was severable from the remaining terms, and while Term 4 ended, the rest of the Agreement remained in effect.

Cost Allocation: The tribunal did not award costs to either party, given the Applicant's failure to promptly raise the issue with the Respondent and the Respondent's failure to recognize the existence of the Agreement.

Opportunity for Negotiation: The parties were encouraged to negotiate new terms regarding records request processes, now that Term 4 had come to an end.

Overall, the decision underscores the importance of prompt communication between parties when issues arise and the tribunal's discretion in addressing minor breaches. It also highlights the principle of impossibility of performance and the severability of contract terms in such cases.