Mark Labenski

The plaintiff sued the defendants for unpaid invoices and a promissory note.

The parties reached a settlement agreement, but the defendants failed to comply with its terms.

The plaintiff then obtained default judgment in the action, which was later set aside because a waiver of defence was still in place.

The plaintiff subsequently sought to enforce the settlement agreement.

The Court of Appeal held that by electing to pursue default judgment, the plaintiff made a binding election at common law to treat the settlement agreement as repudiated and to proceed with the litigation.

Consequently, the plaintiff was precluded from later seeking to enforce the settlement.

The Tribunal issued an interim decision addressing several preliminary matters in a complex human rights proceeding.

The request to amend the style of cause to reflect legal name changes was granted.

The request to bifurcate the hearing between liability and remedy was denied, as it would likely extend the cost and time of the proceeding.

The Hamilton Police Association's request to dismiss the complaints for failure to make out a prima facie case was dismissed as premature.

The Tribunal directed the parties to provide written submissions regarding the request for dismissal on the basis of timeliness and ordered immediate compliance with disclosure obligations.