What is the appropriate remedy for a breach of a settlement?
Ontario, Canada
The following excerpt is from Daher v. Safran Electronics Canada, 2013 HRTO 467 (CanLII):
There is some support for the respondent’s position that even if there was a breach of settlement the appropriate redress is to bring an application or action in the forum in which the settlement was entered into (see, for example, Hazel v. Ainsworth Engineered, 2009 HRTO 2180 at para. 44).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a plantiff's failure to communicate his acceptance of the Minutes of Settlement and Release in question breach the terms of a settlement agreement? (Ontario, Canada)
What is the appropriate remedy for a Charter breach? (Ontario, Canada)
Does the issue of unexecuted Minutes of Settlement invalidate a settlement? (Ontario, Canada)
What is the effect of minutes of settlement or a settlement agreement containing an express prohibition against a child changing their name? (Ontario, Canada)
Is there any case law where an applicant has abandoned a claim at a settlement conference to bring the case closer to settlement? (Ontario, Canada)
Does a settlement with an oil company that has previously been denied certification to the Court of Appeal preclude certification being granted in the context of a settlement? (Ontario, Canada)
Is it appropriate to go behind the terms of a settlement? (Ontario, Canada)
What is the proper remedy for a breach of fiduciary duty? (Ontario, Canada)
Is there any case law where a party has been found to be in breach of disclosure or breach of interim support obligations? (Ontario, Canada)
How have courts dealt with a breach of a contract of suretyship under seal where a principal has been found to have breached the contract? (Ontario, Canada)
