a.
|
The Altalebs booked the party room in their building to hold their
daughter’s birthday party on April 20, 2014. |
b.
|
The standard $500 security deposit was paid. |
c.
|
About a dozen women and children attended. |
d.
|
There was a pre-inspection of the room on April 20, 2014 at 2:41pm
and as it appears (possibly) two post-inspections of the room – one, as
stated by Leena Altaleb on April 20, 2014 at about 11:00 pm and the
other on April 21, 2014 at 10:10 am, as reported by Goldview. |
e.
|
Leena Altaleb told the court that during the event, mostly the
adults used the sofa in the room, while the children ran around and
played throughout the rest of the room. |
f.
|
Following the party, later that evening, Mrs. Altaleb summonsed the
security guard to do an inspection of the room, to ensure everything
was in order; noting that the room was in order and no damage was done
anywhere in the room. She states that she was given the okay and
apparently it was noted in some form of report which Mrs. Altaleb
indicated she saw, but was never given a copy of. This particular
report was never produced in evidence. |
g.
|
The Altalebs state that they received a “no damage” clearance on
both their inspections – that is before and after the party. |
h.
|
The next day (April 21, 2014), Mrs. Altaleb attended the management
office and the $500 damage deposit was returned to her. This was in
error, according to the defendants, who apparently
had inspected the party room that morning and discovered that the sofa
was ripped. |
i.
|
The Altalebs were accused of causing this damage and almost two
months later, on June 13, 2014, Goldview sent a demand letter to Mr.
Altaleb (cced to Novak) indicating that the sofa could not be repaired
and that it had to be replaced at an estimated cost of $9,998. |
j.
|
Several letters flowed from the management office and two of its
solicitors to the Altalebs. All went unanswered and payment was never
forthcoming. |
k.
|
On July 24, 2014, the Altalebs were advised that their party room
rental privileges were suspended until further notice. (The payment for the sofa was now at $10,619.50). |
l.
|
Matters did heat up with allegations reported by Goldview, of the
harassing behaviour by Leena Altaleb at a Goldview agent on
August 20, 2015. In consequence of the alleged behaviour, effective
that date, the Altalebs were banned from the use of the building’s facilities. This “ban” was lifted on February 16, 2016. |