LIMITATION OF ACTIONS - Expiry of limitation periods - Effect of

Law360 Canada (December 1, 2022, 6:36 AM EST) -- Motion by Toronto-Dominion Bank (TD) seeking an order granting summary judgment dismissing the plaintiff’s action, and in the alternative, it sought an order dismissing or striking out all the plaintiff’s statement of claim. The plaintiff’s former employment with TD was terminated for cause in January 2019. In connection with the events resulting in the termination of his employment, the plaintiff filed a human rights complaint in October 2018 and an unjust dismissal complaint in March 2019. TD participated in the mediation of the unjust dismissal complaint. The mediation took place and resulted in a successful settlement. The Settlement and Release (Release) was signed by the parties. It provided the plaintiff would be paid $45,000 following which the plaintiff would withdraw the unjust dismissal complaint within 10 days and return the company laptop and iPad. The plaintiff withdrew his human rights complaint in July 2019. However, he refused to withdraw the unjust dismissal complaint or return TD’s property. The plaintiff proceeded with his unjust dismissal complaint. The adjudicator determined the parties reached a full and final settlement of the plaintiff’s unjust dismissal complaint at the mediation. The plaintiff issued the statement of claim in this action which raised allegations related to his employment. The claim did not seek relief in relation to the Release, nor did it mention the mediation and its outcome. The statement of claim relayed a series of grievances connected to the plaintiff’s termination of employment with TD and sought monetary compensation from TD....
LexisNexis® Research Solutions

Related Sections