The applicants are owners of units at Metropolitan Condominium Corporation No. 949 ("MTCC 949") which is a two-tower condominium complex in Toronto. They are both lawyers.

Since its construction in the 1990s, MTCC 949 has contracted for television services pursuant to a bulk services contract with Rogers, the costs of which were charged to unit owners as a common expense. In June 2016 MTCC entered into a bulk services agreement with a new service provider, Frontline, to provide bundled television and internet services (the "Frontline Agreement").