Kimberly Ruiter

The applicant filed two Contravention of Settlement Applications and subsequently requested to withdraw them.

The respondent consented to the withdrawal but requested that conditions be imposed to prevent the applicant from re-litigating the same allegations, arguing that the applicant's correspondence attempted to impose unilateral conditions.

The Tribunal found that the applicant's correspondence did not impose conditions and, following established jurisprudence, declined to impose a 'with prejudice' condition on the withdrawal prior to a hearing.

The request to withdraw was granted without conditions.

The applicant filed two Contravention of Settlement Applications alleging the respondent breached a prior settlement agreement.

The applicant requested that the two applications be heard together, and the respondent consented.

The Tribunal applied the Lattey factors and found that consolidating the applications would avoid a multiplicity of proceedings, prevent inconsistent findings, and cause no prejudice to the parties.

The request was granted and the applications were consolidated.