Is it an abuse of process for an applicant to seek to raise allegations that were the subject of a settlement agreement?
Ontario, Canada
The following excerpt is from Zealand v. Metro Canada Inc., 2016 HRTO 1040 (CanLII):
This Tribunal has repeatedly held that it is an abuse of process for an applicant to seek to raise before this Tribunal allegations that were the subject of a settlement agreement: see for example Solcan v. Kitchener (City), 2011 HRTO 2205 at paras. 41 and 42 and the cases cited therein. As stated in Solcan, the doctrine of abuse of process can be applied even where the settlement does not include a full and final release, where it is apparent that the parties intended to resolve all outstanding employment issues: “the question is whether it would be unfair to permit the proceeding to continue having regard to the terms of the memorandum of settlement and all of the surrounding circumstances”: see para. 42.
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