Compliance with Settlement Agreements
Step 2: – Legal Considerations
Parties must comply with settlement agreements. A party can file a case with the Tribunal if they believe that another party has failed to comply with a settlement agreement.
What happens if another party doesn’t comply with a settlement agreement?
A party who believes that another party has failed to comply with a settlement agreement can file a new CAT case to ask the Tribunal to order the other party to comply.
Parties should file a case within six months of the other party’s failure to comply. The CAT may not be able to accept a case filed more than six months after the other party failed to comply.
These types of cases go straight to Stage 3 – Tribunal Decision and the CAT will hold an online hearing.
In these cases, the CAT will have to decide two questions:
- Did a party fail to comply with the settlement agreement?
- If so, what order is appropriate in the circumstances?
The CAT can order a party who has not complied with a settlement agreement to comply with it, or to do something else that would remedy the failure to comply. This can include an order to pay money, to do something, or to stop doing something.