Having said that, it is not clear to me that I need to find that the parties agreed upon the terms of the Release in order to dispose of the issue before me. The doctrine of abuse of process can be applied even where the settlement does not include a full and final release, where it is apparent that the parties intended to resolve all outstanding employment issues: “the question is whether it would be unfair to permit the proceeding to continue having regard to the terms of the memorandum of settlement and all of the surrounding circumstances”: see Solcan v. Kitchener (City), 2011 HRTO 2205 at para. 42.
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