Conciliation settlement: consent cannot be half given

The employer asks the C.L.P. to acknowledge that a transaction took place between the parties in the course of a conciliation session, even though the worker subsequently refused to sign the final draft of the transaction. According to the C.L.P., the jumbled and halting testimony on the part of the worker’s lawyer does not warrant the conclusion that his client had not given his free and informed consent to the transaction. It is also impossible to conclude that he had misunderstood his mandate by omitting to include a provision allowing the worker to verify certain elements of the transaction before signing it. A party cannot consent to a settlement, while reserving the right not to sign the document that confirms it. Following the exchange of mutual consent, the worker cannot change his mind. The transaction is upheld and the case is closed. Pagliuca v. Kaba Ilco Inc. , C.L.P. 266152-71-0506, 2008-01-21, Me Lucie Landriault (April, # 13)