T. Brettal Dawson

The individual respondent brought a preliminary motion requesting the Board of Inquiry step aside because the substance of settlement negotiations had been disclosed to the Board during related judicial review proceedings.

The Commission argued the disclosure was necessary to respond to the respondent's allegations of delay and failure to pursue settlement.

The Board granted the motion and stepped aside, finding that the disclosure of settlement details was unilateral and unnecessary, and that preserving the public policy of encouraging settlements required adjudicators to remain unaware of such negotiations.