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settlement offer

Failing to abide by confidentiality provisions in a settlement agreement can cost you your settlement payment

The recent decision of an arbitrator in the matter between Acadia University and Acadia University Faculty Association (Re Dr. Rick Mehta), 2019 CarswellOnt 8518 (Lab Arb) emphasizes the importance of abiding by a confidentiality provision in a settlement agreement.

 

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Reasonable settlement offer prevents litigious complainant from proceeding

A recent decision of the BC Human Rights Tribunal serves as a useful reminder of the utility of a reasonable settlement offer, which can result in the Tribunal putting an end to complaint proceedings without a hearing.

 

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Is an employee’s resfusal to accept a settlement offer a failure to mitigate?

In AMEC Americas Limited v. MacWilliams, 2012 NBCA 46, the New Brunswick Court of Appeal held that an employer’s defence that an employee failed to mitigate his damages by refusing to accept its settlement offers had no merit. As leave to appeal the decision was recently refused by the Supreme Court of Canada, the current answer to our question (at least in New Brunswick) is “no”.

 

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