The Distillery Restaurant Corporation v. Upson, 2017 HRTO 1469

Human Rights Tribunal of Ontario

B E T W E E N:

The Distillery Restaurant Corporation Applicant

-and-

James Upson Respondent

DECISION

Adjudicator: Laurie Letheren Date: November 7, 2017 Citation: 2017 HRTO 1469 Indexed as: The Distillery Restaurant Corporation v. Upson

APPEARANCES

The Distillery Restaurant Corporation, Applicant Lianne DeFranco and Rik Ocvirk, Representatives

James Upson, Respondent No one appearing

1This is a Contravention of Settlement Application filed on March 17, 2017, alleging a breach of Minutes of Settlement (the Minutes) entered into by the parties on April 7, 2016, contrary to s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2The applicant (who was the respondent to the application previously settled) alleges that it fulfilled its obligations under the terms of the Minutes. It alleges that despite fulfilling its obligation, the (now) respondent, Mr. Upson, continues to send emails and letters to its representative demanding that it pay money owed to him, demanding further payments of money, and demanding a new employment letter. The applicant alleges that these demands are in contravention of the term of settlement in which the respondent agreed to release the applicant from any and all claims.

3A hearing took place on October 30, 2017, to hear oral submissions regarding the applicant’s allegations. The respondent did not attend the hearing.

4The applicant submitted evidence during the hearing in support of its position that it had fulfilled all its obligations under the terms of the Minutes. It also provided evidence of the emails and letters that it received during several months following the signing of the Minutes.

Analysis

5I find that the evidence demonstrates that the applicant, The Distillery Restaurant Corporation, has fulfilled all its obligations under the terms of the Minutes that were signed on April 7, 2017.

6One of the terms of the Minutes was that the respondent released the applicant from any and all claims related to his employment and related to the incidents alleged in the Application. Once the applicant fulfilled its obligations, the respondent had no right to make claims for further payments or different employment letters.

7In sending the letters and emails to the applicant after he had received the payments that were owed to him and the employment letter in accordance with the terms of the Minutes, Mr. Upson was breaching a term of the Minutes.

8As a remedy for the breach of the term of the Minutes, the applicant requested that Mr. Upson be made aware that he is in violation of the terms of the Minutes. The respondent did not request any monetary compensation for the breach. The applicant confirmed this position on remedy during the hearing.

Findings

9The respondent, Mr. Upson, violated the terms of the Minutes when he asked for further payments and a different letter after the applicant had fulfilled its obligations under the terms of the Minutes of Settlement signed by the parties on April 6, 2017.

10The applicant, The Distillery Restaurant Corporation, has fulfilled all its obligations under the terms of the Minutes of Settlement signed by the parties on April 6, 2017.