Ontario civil | Civil Procedure
Settlement
Motion judge did not err by enforcing settlement
Employee was dismissed and brought action for payment of bonus. Parties settled action at mediation. Two days later, employer learned employee was working for competitor. Employer alleged parties had not reached settlement and brought action against employee for breach of non-competition agreement. Employee brought successful motion for judgment in accordance with settlement. Employer appealed. Appeal dismissed. There was clear evidence to support finding that parties settled employee’s claim for payment of amounts owed to him on dismissal. Motion judge did not err by enforcing settlement in face of employee’s alleged post-termination breach of non-compete clause in employment contract. Motion judge’s determination that settlement did not include any claim by employer for alleged breach was reasonable.
Wilson v. Northwest Value Partners Inc. (Apr. 4, 2016, Ont. C.A., Robert J. Sharpe J.A., R.G. Juriansz J.A., and L.B. Roberts J.A., CA 60943) Decision at 257 A.C.W.S. (3d) 85 was affirmed. 265 A.C.W.S. (3d) 341.
Motion judge did not err by enforcing settlement
Employee was dismissed and brought action for payment of bonus. Parties settled action at mediation. Two days later, employer learned employee was working for competitor. Employer alleged parties had not reached settlement and brought action against employee for breach of non-competition agreement. Employee brought successful motion for judgment in accordance with settlement. Employer appealed. Appeal dismissed. There was clear evidence to support finding that parties settled employee’s claim for payment of amounts owed to him on dismissal. Motion judge did not err by enforcing settlement in face of employee’s alleged post-termination breach of non-compete clause in employment contract. Motion judge’s determination that settlement did not include any claim by employer for alleged breach was reasonable.
Wilson v. Northwest Value Partners Inc. (Apr. 4, 2016, Ont. C.A., Robert J. Sharpe J.A., R.G. Juriansz J.A., and L.B. Roberts J.A., CA 60943) Decision at 257 A.C.W.S. (3d) 85 was affirmed. 265 A.C.W.S. (3d) 341.
