Manuel v. Lafarge et al.
TERRENCE MANUEL
Law Firm / Organization
Cambridge LLP
LAFARGE CANADA INC.
The Canada Life Assurance Company
Law Firm / Organization
Not Specified
KEVIN CHRISTIANSON
Law Firm / Organization
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
Employment law
Defendant