Law360 Canada (December 10, 2020, 6:15 AM EST) -- Appeal by the defendant, Canadian Tire, from a ruling enforcing minutes of settlement in favour of the plaintiff, Kearns. The plaintiff worked for the defendant and affiliated dealers for 27 years. The employment contract provided for one month notice for each year of service up to a maximum of 24 months. The plaintiff, age 53, earned $307,000 per year as an associate vice-president. The defendant terminated the plaintiff’s employment as of July 2018 and made related payments to the plaintiff in July and September. In October, the plaintiff commenced a wrongful dismissal action due to a dispute over years of service given the work for affiliates. The defendant made an additional payment in November. In December, the parties participated in mediation that resulted in executed minutes of settlement contemplating payment of $150,000 to the plaintiff in addition to amounts already paid totalling approximately $240,000. However, the defendant’s representatives at the mediation were unaware of the November payment of $115,500. In February 2019, upon becoming aware of the November payment, the defendant took the position it should be deducted from the $150,000 settlement amount. The plaintiff brought a motion for enforcement of the settlement. The motion judge granted the relief sought. The defendant appealed....