In the settlement of an action filed on November 5, 2010, between defendant Window City Industries Inc. ("Window City") and plaintiff 2271047 Ontario Ltd., operating as Ecotech Windows & Doors ("Ecotech"), and Mark Ginzburg ("Ginzburg"), Ecotech entered into Minutes of Settlement with Window City. According to the Minutes, the defendant agreed to use "best efforts" in collecting a default judgment it had against Richard Farbman and Lawrence Farbman, and Ecotech would share in the collection proceeds. However, Ecotech claimed that Window City had failed to fulfill its obligations and breached the Minutes and its duty of good faith by not conducting an examination in aid of execution. Window City, on the other hand, maintained that it was actively pursuing enforcement. After reviewing the case record, the court found that there were genuine issues for trial, leading to the dismissal of the motion for summary judgment. No financial terms specified.