A Notice of Registration is a document indicating that a party has successfully registered a settlement agreement.
If you receive a Notice of Registration and do not agree to it, you may wish to apply to set aside the registration of the settlement agreement within 7 days after receiving the Notice of Registration.
Filling an application to set aside does not mean that the registration of the settlement agreement will be automatically set aside.
After filing an application, both you and the other party will have to attend a hearing where the District Court will decide whether to allow or dismiss your application.
If you are applying to set aside the order, you are the applicant.
The other party is the respondent.
Refer to the following to find out how to apply to set aside registration of a settlement agreement.
When to file
Within 7 days after receiving the Notice of Registration.
How to apply
Through the Community Justice and Tribunals System (CJTS).
You should prepare the following (where applicable) before you apply:
You will need to follow these steps.
Your application to set aside registration of the settlement agreement is filed in CJTS.
The respondent is notified of your intention to set aside the registration of the settlement agreement.
When: within 7 days after receiving the Notice of Registration.
Log in to CJTS. Under the Online Applications tab, select Set Aside Settlement Agreement and follow the instructions to fill in the required information.
For detailed instructions, refer to the CJTS user guide for filing employment disputes (PDF, 4.54 MB).
You will be notified via e-mail to check on the outcome of your application. You will also receive the following in your CJTS case folder:
You will have to print and serve the following documents to the other party:
You may serve the documents through one of the following ways:
What it is
Delivering hard copies of the documents personally to the respondent.
(if to an individual) Sending hard copies of the documents to the respondent's last known residential or registered address in an envelope addressed to them.
Submitting soft copies of the documents to the respondent through CJTS.
Delivering the documents by any means (including fax or email) as directed by the Employment Claims Tribunals (ECT).
You and the respondent will have to attend court on the scheduled date and time mentioned in the Notice of Hearing to Set Aside. This is when a judge will decide whether to allow or dismiss your application.
If your application is dismissed, the registration of the settlement agreement will be upheld.
If your application is allowed, the registration of the settlement agreement will be set aside. The judge may also refer both parties for mediation.
Refer to The Employment Claims Tribunals Guide (PDF, 2.17 MB).