The respondent requested the dismissal of the applicant's human rights application on various preliminary grounds, including that the allegations were barred by a prior settlement agreement, were out of time, had no reasonable prospect of success, or constituted an abuse of process.
The Tribunal found that some allegations were barred by the settlement agreement and others were out of time without a good faith explanation for the delay.
The Tribunal also dismissed an allegation based on an oral collateral agreement allegedly made at mediation, applying the parol evidence rule.
However, the Tribunal allowed several other allegations to proceed, finding they were not barred by the settlement and had a reasonable prospect of success.
The request to dismiss the application as a whole for abuse of process was denied.
