David Cowling

The plaintiff brought a motion to enforce a settlement agreement reached with the defendants regarding employment and insurance coverage actions.

The parties agreed on the settlement terms, including a $300,000 payment, but disagreed on the wording of the release.

The defendants sought a broad release that could potentially bar an ongoing oppression action, while the plaintiff sought to explicitly carve out the oppression action.

The court rejected both proposed releases, holding that the release must reflect the settlement agreement, and ordered a simple release limited to the claims made in the settled actions.

The plaintiff was terminated and entered into a settlement agreement with his employer, which required him to seek reasonable alternate employment to receive two $75,000 payments.

Shortly after, the plaintiff became severely disabled and could not seek employment.

The employer refused to pay, arguing failure to mitigate or frustration of contract.

The court granted summary judgment to the plaintiff, finding his disability excused the condition.

The plaintiff and employer also sought summary judgment against the employer's group insurer for long-term disability coverage, arguing the policy's 'minimum period required by law' included common law notice.

The court dismissed the motions against the insurer, finding a genuine issue for trial regarding the interpretation of the clause and industry practice.