Manuel v. Lafarge et al.

Firms involved

Cambridge LLP, Hicks Morley Hamilton Stewart Storie LLP, Not specified
TERRENCE MANUEL
Law Firm
Cambridge LLP
Lawyer(s)

R. Douglas Elliott

Tim Phelan

LAFARGE CANADA INC.
Law Firm
Hicks Morley Hamilton Stewart Storie LLP
Lawyer(s)

Dianne E. Jozefacki

The Canada Life Assurance Company
Law Firm
Not specified
KEVIN CHRISTIANSON
Law Firm
Not specified

Background:

  • Employment: Manuel worked at Lafarge from 2014 to 2016.
  • Allegations: Manuel alleged sexual harassment by coworker Kevin Christianson.
  • Medical Issues: Experienced panic attacks and health issues due to harassment; hospitalized in May 2016.
  • Termination: Fired on August 2, 2016, due to reorganization; signed a release on August 16, 2016, without legal advice.

Motions:

  • Lafarge's Motion: Sought summary judgment to declare the release binding and dismiss Manuel's claims.
  • Manuel's Motion: Sought summary judgment to invalidate the release due to lack of capacity, duress, and unconscionability.

Court's Analysis:

  • Capacity: No admissible evidence supported that Manuel lacked capacity when signing the release.
  • Duress: No evidence of illegitimate pressure by Lafarge; Manuel's economic situation and stress did not constitute legal duress.
  • Unconscionability: While there was unequal bargaining power, the release was not an improvident bargain. The consideration (two months' salary) was appropriate for his tenure.

Conclusion:

  • Manuel's Motion: Dismissed.
  • Lafarge's Motion: Granted. The release is binding, and Manuel's statement of claim is dismissed.

Costs:

  • Both parties to submit cost submissions within 30 days.
  • No monetary award specified.

 

Superior Court of Justice - Ontario
27525/17
Labour & Employment Law
Defendant