Fatima sits on a condo board for her condo in downtown Toronto. The condo is close to the lake, and receives a lot of wind and snow in the winter. To deal with the snow and the messy sidewalks, the condo hires a snow removal company.

Maintaining the sidewalks is important for the residents, most of whom walk to their jobs. Fatima agrees to select a new company in 2020 for a 3-year contract, which states that the condo is entitled to terminate the agreement if the snow removal company fails to provide satisfactory services.

The winter of 2020 is an especially heavy snowfall for the neighbourhood, and it turns out that the snow removal company is bogged down with all of their clients. They take on average an extra two hours to get to Fatima's condo to clear the snow there, which angers some of the residents. The condo board decides at that time that they will be cancelling the contract in 2021, but don't say anything to the company.

To make up for the situation, the snow removal company provides some free landscape maintenance in 2021. The winter of 2021 also doesn't have the same problems as the previous winter, and everything goes a lot more smoothly.

Fatima believes that the condo board should let the snow removal company know that they plan on cancelling the contract in 2022. The condo board says they have no such duty. Who is right, and how is any silence dealt with in this context?