Powell v. United Parcel Service Canada Ltd.

Powell v. United Parcel Service Canada Ltd.

Section 48 mandates Commission approval for settlements concluded prior to the commencement of the hearing; the Tribunal had not commenced the merits hearing in this case; therefore absent Commission approval no binding settlement existed and the motion to confirm settlement was dismissed.

Source-derived case information.

Citation
2008 CHRT 43
Parties
Complainant: Esper Powell; Commission: Canadian Human Rights Commission; Respondent: United Parcel Service Canada Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
9 October 2008
Procedural Posture
Human Rights Complaint / Pre Hearing Motion to Confirm Settlement
Outcome
Motion dismissed
Legal Topics
Settlement Approval, Section 48 CHRA, Commencement of Hearing, Tribunal Jurisdiction
Source Language
english
Human Rights Law Administrative Law Settlement Approval Section 48 CHRA Commencement of Hearing Tribunal Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Esper Powell

Complainant

Canadian Human Rights Commission

Commission

United Parcel Service Canada Ltd.

Respondent

Procedural Posture

Human Rights Complaint / Pre Hearing Motion to Confirm Settlement

Legal Issues

  1. 1 Whether exchange of counsel correspondence constituted a binding settlement absent Commission approval under s.48 of the Canadian Human Rights Act
  2. 2 Whether Commission approval under s.48 is required before the commencement of a hearing for a settlement to be binding
  3. 3 Whether the hearing had commenced for purposes of s.48 such that Commission approval was no longer required

Ratio Decidendi

Section 48 mandates Commission approval for settlements concluded prior to the commencement of the hearing; the Tribunal had not commenced the merits hearing in this case; therefore absent Commission approval no binding settlement existed and the motion to confirm settlement was dismissed.

Court Disposition

Motion dismissed

Orders

  • Motion by United Parcel Service Canada Ltd. dismissed.
  • No settlement found in the absence of Commission approval; matter remains before the Tribunal and may proceed to hearing.