3 total
Settlement agreement reached via email following mediation enforced; Board's refusal to approve stock options unreasonable.
The plaintiff moved to enforce a settlement agreement purportedly reached via email correspondence between counsel following a full-day mediation in a wrongful dismissal action.
The defendant argued the emails only represented an 'agreement to agree' and that the settlement was conditional on Board approval of an additional stock option grant, which was denied.
The court found that the parties had agreed on all essential terms and that the defendant's Board had no reasonable basis to decline the stock option grant.
The motion was granted, and the settlement agreement was ordered to be enforced.
Human rights application dismissed for delay as ignorance of the law is not a good faith excuse.
The applicant filed a human rights application alleging sexual harassment and reprisal by his manager during his engagement as a drywall installer.
The respondent requested summary dismissal on the basis of delay, as the alleged incidents occurred between 2007 and October 2014, but the application was not filed until March 2016.
The Tribunal dismissed the application, finding it was filed outside the mandatory one-year limitation period under section 34 of the Human Rights Code.
The applicant's ignorance of human rights law did not constitute a good faith explanation for the delay, and a subsequent internal investigation did not create a series of incidents to bring the allegations within time.
Human rights application dismissed as abuse of process due to valid full and final release.
The applicant filed a human rights application alleging discrimination after resigning from her employment.
The respondent requested early dismissal on the basis that the applicant had signed a full and final release in exchange for a severance package.
The applicant argued she signed the release under economic duress.
The Tribunal found that the applicant had a realistic alternative to signing the release and was not under economic duress.
The application was dismissed as an abuse of process.