When parties to a workplace dispute agree on a settlement, one typical term required by employers relates to confidentiality. Such clauses mandate that the employee refrain from telling third parties details of the deal that has been reached (with normal exceptions made for immediate family and professional advisers).
What recourse exists when a party to a settlement abruptly refuses to execute the settlement materials? As it happens, quite a bit.
Lake v. La Presse (2018) Inc., 2021 ONSC 4459 (“La Presse”), is a recent example of an employer effectively using Rule 49 to its advantage.