Is there a proper basis to set aside the Minutes of Settlement?

The next question is whether there is any proper basis to set aside the Minutes of Settlement. The applicant states that she signed the Minutes of Settlement under “duress”. While a settlement may be set aside if an applicant was under duress at the time she signed it, the test for whether a person has signed a settlement under duress is high and requires an element of threat or coercion: see Kailani v. Securitas Canada, 2009 HRTO 1183. No such element of threat or coercion exists here. At its very highest, the applicant’s evidence is that she felt pressure to sign the settlement due to her work obligations and fear of being criticized by her colleagues. There is no evidence that anyone from Metro exerted pressure on the applicant in the context of the July 8, 2015 meeting.

The applicant’s next assertion is that, due to the nature of her disability, she was unable to review and understand the Minutes of Settlement in the context of the July 8, 2015 meeting, and signed the settlement to get herself out of the meeting. In order to succeed with an assertion that, because of a disability, an applicant was incapable of agreeing to the terms of a settlement that was signed by her, there needs to be specific medical evidence that supports such an assertion: see Dickson v. General Motors of Canada Limited, 2013 HRTO 1347 at para. 30. While the applicant has filed general medical documents regarding the nature of her disability, no specific medical evidence has been provided by her to support that her disability prevented her from reviewing and understanding the terms of the Minutes of Settlement or from requesting further time to have an opportunity to do so.