Contracts of all kinds often fall apart over relatively minor
details, despite the parties' agreement on the majority of
issues. However, without complete agreement, there is no
agreement. Settlements are no different. The Human
Rights Tribunal of Ontario (the "Tribunal") recently
confirmed that this principle is no less true in the context of
human rights litigation.
In Barrett v Willis Canada
Inc, the parties had entered into significant
discussions about settling a potential human rights
complaint. Even though the parties seemed to agree to a
resolution of the majority of the issues between them, the
individual filed a complaint with the Tribunal. The
respondent brought a motion seeking dismissal of the complaint
before the Tribunal arguing that it was an abuse of process,
because there was a settlement agreement between the parties.
