Think carefully before signing that release

Releases are usually the final word, so both employers and employees should make sure they’re prepared to live with it
By Ronald Minken
|Canadian Employment Law Today|Last Updated: 09/02/2015

Most do not question the enforceability of a signed release with respect to known claims at the time the release is signed. But what about “unanticipated” claims that are discovered after the release has been signed? Can those claims be pursued?

In Born v. Regis Corporation, the Ontario Human Rights Tribunal determined that the employee’s application pursuing a new claim could not proceed due to the fact that the employee had previously signed a full and final release with respect to a wrongful dismissal claim, and allowing the application to proceed would be an abuse of process pursuant to the Statutory Powers Procedure Act.