Plaintiff
Defendant
Background:
The Winnipeg Regional Health Authority (WRHA) filed a lawsuit against Shannon Hancock, formerly known as Shannon Loechner, alleging breaches of a July 29, 2014 settlement agreement. The agreement settled employment grievances filed by Hancock after her termination as a registered nurse. The WRHA paid Hancock $126,000 in exchange for her withdrawal of grievances, confidentiality, non-disparagement, and a release of future claims.
Legal Issues:
The WRHA sought summary judgment to confirm Hancock's breach of the settlement agreement, request $126,000 in damages, and secure a permanent injunction to prevent further breaches. Hancock counterclaimed, asserting fraud, the agreement’s overbreadth, and jurisdictional challenges, arguing it fell under labor board authority.
Court's Analysis:
The court ruled that the WRHA proved Hancock breached the settlement by disclosing confidential terms and making disparaging comments in complaints to various bodies, including the Manitoba Labour Board, and communications with officials. The court rejected Hancock’s defenses, including claims of fraud and jurisdictional objections, finding the agreement valid and enforceable. Hancock had also received independent legal advice.
Conclusion:
The court awarded the WRHA $115,800 in damages, equivalent to the net settlement Hancock received. A permanent injunction was issued, prohibiting Hancock from further breaches of the settlement agreement. The court invited the parties to address costs if they could not reach an agreement.
Court
Court of King's Bench ManitobaCase Number
CI 16-01-03950Practice Area
Employment lawAmount
$ 115,800Winner
PlaintiffTrial Start Date
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