Soldan v PLUS Industries Inc.
Birgit Soldan
Law Firm / Organization
Self Represented
PLUS Industries Inc.
Law Firm / Organization
McKercher LLP
Lawyer(s)

Drew T. Ikert

Background:
Birgit Soldan’s employment was terminated by PLUS Industries Inc., which claimed job abandonment. Soldan filed a complaint with the Saskatchewan Human Rights Commission (SHRC), alleging discrimination based on disability. Mediation resolved the complaint, and PLUS paid $20,000 to Soldan. However, she initiated further litigation in the Court of King’s Bench, leading to appeals on both sides.

Legal Issues:

  • Soldan sought a rehearing of an earlier appellate judgment, arguing the settlement terms were misinterpreted, alleging breaches by PLUS, and asserting a miscarriage of justice.
  • She contended that no "all-inclusive" settlement agreement existed and that the Saskatchewan Human Rights Commission lacked authority in its adjudication.
  • The court examined whether "special or unusual circumstances" justified a rehearing under Rule 47 of The Court of Appeal Rules.

Court’s Findings:

  • The court found no grounds to admit additional evidence submitted by Soldan due to non-compliance with procedural requirements.
  • It held that Soldan’s arguments reiterated previously addressed issues and failed to establish special or unusual circumstances for a rehearing.
  • The court emphasized that finality in litigation outweighs granting rehearings for reargued claims.

Disposition and Costs:
The application was dismissed, and costs of $1,000 were awarded to PLUS Industries Inc.

Court of Appeal for Saskatchewan
CACV4220
Employment law
$ 1,000
Respondent