Paul J. Cahill

The applicant filed a human rights application alleging discrimination in employment.

The parties subsequently engaged in settlement discussions and agreed to a monetary payment of $1,200 in exchange for a full release.

The applicant signed the release, but later attempted to resile from the settlement because the respondents did not provide the settlement funds by a unilaterally imposed deadline.

The Tribunal found that the parties had reached a binding settlement under section 45.9(1) of the Human Rights Code.

The timing of the payment was not a negotiated term of the agreement, and the applicant could not void the settlement based on the missed deadline.

The application was dismissed.

The self-represented appellant's personal injury action was dismissed by the trial judge on his own motion before the appellant's evidence-in-chief was completed, on the basis that the evidence was incoherent.

The Court of Appeal allowed the appeal, finding that while a trial court has inherent jurisdiction to control its own process, this does not extend to dismissing cases without hearing the available evidence and submissions.

The appellant's right to a fair trial was denied.

The applicant sought declaratory or prerogative relief regarding whether she had elected to receive WSIB benefits and whether such an election was valid.

The Divisional Court dismissed the application as premature, noting that the Workplace Safety and Insurance Board and the Workplace Safety and Insurance Appeals Tribunal had not yet decided these issues.

The Court emphasized that the Board should provide election forms to workers as soon as it becomes aware of an illness to ensure they seek legal advice promptly.