Bland was terminated without cause by his employer, Canadian Farm Insurance. In an e-mail with the subject line ‘notice of termination’, the employer confirmed earlier discussions indicating that Bland would receive 4 weeks’ pay in lieu of notice, continued benefits coverage for a certain period after termination, commissions and vacation pay. Bland replied, saying ‘all is agreed’. He actually received 6 weeks’ pay, as a courtesy, plus use of an office until he found another job. He sued for wrongful dismissal nine months later: Bland v Canadian Farm Insurance Services Inc, 2012 ONSC 3021.
Pollak J found that Bland had negotiated and accepted a termination package; an objective observer would say that that the parties had concluded a settlement agreement. The fact that Bland had not signed a formal release didn’t matter: it was clear from the nice post-termination things the employer did for Bland that it considered that he had agreed to settle all claims against it. His wrongful dismissal suit therefore failed.
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