Jozef Hadlaw-Murray

The defendant employer brought a motion for summary judgment to enforce a settlement agreement and dismiss the plaintiff employee's action for wrongful dismissal and related damages.

The plaintiff was terminated without cause after relocating from Winnipeg to Ottawa at the employer's request.

Settlement negotiations ensued regarding severance, benefits, legal fees, and relocation costs, including the plaintiff's concerns about mortgage financing for a home purchase.

The court found that the parties had agreed on all essential terms of the settlement through their correspondence, despite the plaintiff's later attempts to introduce new conditions regarding the house purchase.

The court granted the motion and dismissed the action, finding the settlement was binding and covered all claims arising from the employment termination and relocation.

The appellant, a former employee, appealed the striking out of her statement of claim without leave to amend.

Her claim sought further compensation for alleged racial discrimination, arguing that correspondence with the CEO constituted a binding agreement, despite having signed a full and final release upon dismissal.

The Court of Appeal upheld the motion judge's decision, finding no error in the conclusion that the letters did not form an enforceable contract and that the elements of promissory estoppel were not pleaded.

The court reiterated that claims with no reasonable chance of success should be struck.