Calgary Employment Law Blog
Evolution Legal News and Articles
The “Camel’s Back” Theory and Mitigation: A Recent Reminder from the Ontario Court of Appeal
Williamson v Brandt Tractor Inc, 2026 ONCA 272– Case Summary Facts and procedural history The employee, William Williamson, was 56 years old and had worked for Brandt for 18 years as a salesperson covering a large northern Ontario territory. The trial judge recorded a...
The Employer’s Onus: A case comment on the Duty to Mitigate and Adverse Inferences
In Boyle v Salesforce.com, 2025 ONSC 2580, a 49-year-old senior technical employee with 8 years of service sued for wrongful dismissal. The Ontario Superior Court struck down the contractual termination clause and assessed common law reasonable notice at 11 months,...
Looking Beyond the Label of “Independent Contractor”: A case comment
Saskatoon Minor Basketball Association v MacDonald, 2025 SKCA 42 Factual Background Randi MacDonald was engaged by the Saskatoon Minor Basketball Association (SMBA) for over 16 years, eventually serving as its Executive Director. Throughout her tenure, SMBA treated...
Constructive Dismissal, Inducement and Recognition of Prior Service: A case comment
Lachapelle v St. Laurent Automotive Group Inc, 2025 ONSC 1956 Key facts: Employment History: Jesse Lachapelle, a 28-year-old automotive technician, worked for St. Laurent Automotive Group (a car dealership in Ottawa) in two stints over roughly six years. He...
Successive Fixed-term Contracts, Termination Clauses and Fundamental Changes: A Constructive Dismissal case comment
Comeau v Valcom Consulting Ltd, 2025 NBKB 253 Key Facts of the Case Employment relationship: Timothy Comeau was employed by Valcom Consulting Ltd. under a series of back-to-back fixed-term contracts. These contracts had no termination clause, meaning they did...
Forgery, Deception and After-Acquired Cause: A case comment
Sobolewski v Advanced Completions Technology Services Ltd, 2026 ABKB 10 is a recent Alberta Court of King’s Bench decision that illustrates how after-acquired cause can justify a dismissal for cause even when misconduct is discovered post-termination. In this case, a...
Termination Without Cause “At Anytime”— No Contracting Out of Statutory Minimums Allowed
Baker v Van Dolder’s Home Team Inc, 2025 ONSC 952 – A case comment Factual Background Frederick Baker was employed by Van Dolder’s Home Team Inc. and was terminated “without cause” on May 24, 2023. Upon his dismissal, Mr. Baker sued for wrongful dismissal, challenging...
When Short Service Equates to Big Notice
Chan v NYX Capital Corp., 2025 ONSC 4561 – A Case Comment Factual Background: Chan was hired in October 2021 by NYX Capital Corp. (a small real estate investment firm) as Vice-President of Acquisitions and Asset Management and Chief Compliance Officer. He was 47 years...
Failure to Disclose New Employment is Not a Repudiation: A case comment
Cross v Cooling Tower Maintenance Inc, 2025 ONSC 7203 As distinguished from a lump-sum severance amount, salary continuance is a common form of post-termination compensation where an employer continues to pay an employee’s regular salary (and often benefits) for a...
Just Cause for 10 Years of Surreptitious Recordings
In Shalagin v Mercer Celgar Limited Partnership, 2023 BCCA 373, the British Columbia Court of Appeal upheld a finding of just cause for an employee’s dismissal due to surreptitiously recording conversations in the workplace. The decision highlights key employment law...
Hired on the Basis of an Emailed Term Sheet: A Case Comment
Background and Facts Sui v HungryPanda Tech Ltd, 2024 BCSC 1856, is a 2024 decision of the Supreme Court of British Columbia concerning an employment contract dispute. The plaintiff, Xing (Vincent) Sui, negotiated his employment as a general manager for HungryPanda...
Reasonable Notice Damages: Long-Term Incentive Plans, Restricted Stock Options and Bonuses
Matthews v Ocean Nutrition Canada Ltd, 2020 SCC 26 – Case Summary Background and Facts David Matthews was a long-time senior executive at Ocean Nutrition Canada Ltd. (“ONC”), a fish oil company, from 1997 until 2011. In 2007, ONC introduced a Long Term Incentive Plan...
Failure to Accept Offer of Re-Employment a Failure to Mitigate– A Case Summary
In Richardson v New West Freightliner Inc, 2025 ABCJ 141, the Court concluded that it was not objectively unreasonable for the employee to return to work: Because the plaintiff refused the reasonable re-employment offer, he failed to mitigate his damages. As a result,...
Wrongful Dismissal: An Overview
Wrongful dismissal arises when an employee is fired without proper notice or compensation. In Alberta, wrongful dismissal refers to the improper termination of a non-unionized employee in breach of the law or contract. In plain terms, a dismissal is “wrongful” when an...
Constructive Dismissal Explained
The term “constructive dismissal” commonly refers to a situation where an employee resigns, or is thinking of resigning, after significant changes were unilaterally made to essential terms of their employment agreement; without their valid consent. The sudden or...
4 Job Applications out of 133 Comparable Postings: An Employee’s Failure to Mitigate
Hill v Canyon Dental Centre Ltd, 2025 ABCJ 163 -- A Case Comment An employer will almost always argue that an employee has failed to mitigate their losses after a without cause termination. This case serves as a reminder that reductions in severance are possible if an...
Alberta Termination Clauses and Limiting the Common Law Right to Reasonable Notice
Background Christopher Plotnikoff was a long-term employee of Associated Engineering Alberta Ltd., working for nearly ten years as a Civil Engineering technologist. In April 2022, his employment was terminated without cause when he was 33 years old. Upon termination,...
Supervisors, Safety-Sensitive Roles, Catastrophic “Near Misses” and Just Cause: A Case Comment
Factual Background In the recent case of Driol v NOV Canada ULC, 2025 ABCJ 214, Driol (the plaintiff) was an assembly supervisor at NOV Canada, an industrial equipment manufacturer. The case arose from a serious safety incident: a 40,000-pound van body that had been...
No Injunction Granted against Departing Fiduciary Despite 90% Customer Exodus
Background of Garbage King Inc v Voth, 2025 ABKB 661: Parties: Garbage King Inc. sought an injunction against a former operations manager, Mr. Voth, and his new employer (VP Disposal). Departure and Aftermath: Voth resigned from Garbage King and joined a competitor....
No Common Law Severance for Alberta Public Sector Employees Bringing Constructive Dismissal Claims
Background and Issue In Twilley v Alberta, 2025 ABKB 587, Leslie Twilley was a non-unionized Alberta public sector employee. After leaving her position, she filed a civil claim alleging constructive dismissal and sought a declaration that section 25.01 of the Public...
A Cautionary Tale for Employees: The serious risk of suing your employer while receiving working notice
In Adrain v Agricom International Inc, 2025 BCSC 1842, the Court considered a case involving an employee who had been given 13 months of working notice. Believing this to be insufficient given her 30 years of service, she retained counsel, who sent two demand letters...
Take it or leave it: 30% pay cut and demotion is a clear Constructive Dismissal
In McFarlane v King Ursa Inc, 2025 ONSC 3553, the plaintiff was a senior executive at a marketing agency who went on maternity leave after a rapid rise to an Executive Vice-President role. During her leave, the employer faced financial troubles, and other executives...
When Employer Delay Tactics Backfire: Massive Notice Period for Short-Term Employee
In Ferguson v Yorkwest Plumbing Supply Inc, 2025 ONSC 5866, the Ontario Superior Court of Justice entered a default judgment for the employee plaintiff, awarding $170,415 in damages. This sum represented six months’ pay in lieu of reasonable notice (including salary...
A New Record Precedent in Alberta: 26 Months’ Severance Including Profit-Sharing/Bonuses
In Lischuk v K-Jay Electric Ltd, the Alberta Court of King’s Bench ruled in favour of the plaintiff, Glenn Lischuk (a long-term employee and former General Manager of K-Jay). Justice Angotti found that Mr. Lischuk had been wrongfully dismissed without cause and was...
Stricter Standards for Fiduciaries: Just Cause for Termination
Just Cause for Dismissal In a new decision of the British Columbia Supreme Court, Vestergaard v Destiny Media (2025 BCSC 2093), the Court reaffirmed the contextual approach to just cause, examining whether a CEO’s misconduct – viewed in light of his senior role –...
Honesty, Integrity And Just Cause For Termination: A Case Comment
Mechalchuk v Galaxy Motors (1990) Ltd, 2023 BCSC 635 is a pivotal British Columbia Supreme Court decision that underscores the importance of honesty in the employer-employee relationship, particularly for senior executives. Case Summary Facts: Todd Mechalchuk...
Has Your Employer Been Purchased, And You’ve Been Offered New Employment Which You’re Told You Must Accept? A Case Comment
In Giduturi v LG Electronics Canada Inc, 2023 ONSC 5476, the Ontario Superior Court addressed the wrongful dismissal of a long-serving warehouse employee and clarified the application of the duty to mitigate in the context of business outsourcing. Factual...
The Importance Of Mitigation Efforts Following Termination Of Employment: A 20% Reduction In Damages
In Zoehner v Algo Communication Products Ltd, 2023 BCSC 224, the British Columbia Supreme Court examined the mitigation of damages following the wrongful dismissal of Doug Zoehner, a 63-year-old co-owner and former president of Algo Communication Products Ltd. ...
Are You Both An Employee And A Shareholder? Share Buy Back Clauses Can Limit Damages In Wrongful Dismissal Claims
In Kirke v Spartan Controls Ltd, 2025 ABCA 40, the Alberta Court of Appeal addressed the intersection of employment and shareholder rights in the context of wrongful dismissal damages. Key Legal Issues: 1. Entitlement To Profit-sharing Payments...
Has Your Job Fundamentally Changed Over Time? Your Contract May Not Be Enforceable: The Employment Law Doctrine Of Changed Substratum
In Alberta employment law, the doctrine of changed substratum is basically this idea: If an employee’s role or job duties change substantially over time from what they were originally hired to do, then the employment contract they originally signed might no longer...
Wrongful Dismissal Damages In A Fixed-term Contract: What’s An Employee Owed?
In a fixed-term contract, an employee is hired for a set period (e.g., 6 months, 1 year, etc.). If the employer ends the contract early without cause (i.e., without serious misconduct) and without a valid contractual right to do so, the employee can claim wrongful...
Can An Employee’s Secret Recordings Be Just Cause For Termination? A Case Comment
In the case of Wan v H&R Block Canada Inc, 2024 ABKB 734, the Alberta Court of King’s Bench addressed whether an employee’s secret recordings of workplace meetings constituted just cause for dismissal. Case Background • Employee: Timothy Wan, Vice President...
Induced To Leave Job With 27 Years Of Service: Award Of 12 Months Notice In New Job After Only 2.5 Years Of Service
In Ferweda v Mercer Celgar Limited Partnership, 2024 BCSC 844, the British Columbia Supreme Court addressed the legal principles surrounding inducement in employment and the obligations of employers during recruitment. Backround Mr. Ferweda, an operations...
Can Employers Withhold Bonus During Termination? A Case Comment
Maximenko v Zim, 2024 ONSC 5540 is a significant Ontario Superior Court decision concerning wrongful dismissal and the calculation of reasonable notice and bonuses. Background Ms. Maximenko, nearly 59 years old, served as a General Manager at Zim Integrated Shipping...
Violence, Aggression And Abuse Lead To Significant Damages: A Constructive Dismissal Case Comment
Case Summary: In Osmani v Universal Structural Restorations Ltd., 2022 ONSC 6979, the Ontario Superior Court found that the plaintiff, Mr. Osmani, had been constructively dismissed after enduring repeated workplace harassment and abuse from his supervisor, which the...
Employers Are Bound By Termination Clauses, Too: A Case Comment
In Klyn v Pentax Canada Inc, 2024 BCSC 372, the Supreme Court of British Columbia examined how an employer’s conduct during the termination process can invalidate an otherwise enforceable termination clause. Background: • Mr. Klyn began working with Pentax as...
Significant Damages For Constructively Dismissed Employee: A Case Comment
The Ontario Superior Court of Justice’s decision in Scarrow v Walkey et al, 2024 ONSC 3876, underscores key legal principles in employment law, particularly concerning constructive dismissal, implied contractual terms, and employer obligations. Constructive...
Non-compete & Non-solicitation Unenforceable Against Employees: A Case Comment
In Great North Equipment Inc v Penney, 2024 ABKB 533, the Alberta Court of King’s Bench examined the enforceability of non-solicitation and non-competition clauses within a shareholders’ agreement, focusing on the issue of consideration. Background: Great North...
Injunction Not Granted Against Employees: A Case Comment
In Southwest Design & Construction Ltd v Janssens, 2024 ABKB 502, the Alberta Court of King’s Bench addressed an application for an interim injunction by Southwest Design & Construction Ltd. (“Southwest”) against its former employees, Blayne Janssens and David...
Another Overbroad Termination Provision: What It Means For Employees
In De Castro v Arista Homes Limited, 2024 ONSC 1035, the Ontario Superior Court of Justice addressed critical issues concerning the enforceability of termination clauses in employment contracts and the employer’s burden in proving an employee’s failure to mitigate...
Constructive Dismissal In Alberta: A Guide For Employees
Constructive dismissal is a legal concept that protects employees when an employer makes a fundamental change to the job or creates intolerable working conditions, effectively forcing the employee to resign. In Alberta, as in the rest of Canada, the law may treat such...
Rosenberg V Northern Nursing Solutions Inc, 2024 ABCJ 220: A Case Comment
This Alberta Court of Justice case involved a wrongful dismissal claim by a licensed practical nurse against her former employer, Northern Nursing Solutions Inc. The plaintiff had been recruited from a secure job in another province and later terminated after...
Is An Overbroad Termination Clause Enforceable? A Case Comment
In Dufault v Ignace (Township), 2024 ONCA 915, the Ontario Court of Appeal found the “for cause” termination clause in the contract was illegal and unenforceable, because it undermined the Ontario Employment Standards Act’s (ESA) employee protections. The ESA only...
Are You Subject To A Non-compete By Your Employer?
In Alberta, a non-competition clause in an employment agreement can be enforceable—but only under strict conditions. Courts in Alberta (and generally across Canada) are cautious with these clauses because they restrict a person’s ability to earn a living. Here’s what...
What Should A Severance Review Include?
A severance review should ensure that an employee is receiving fair and legally compliant compensation upon termination. Here’s what it should include: 1. Termination Clause Review (if There’s An Employment Contract) • Is there a written contract? • Does it...
Enforceability Of Termination Provision Despite Employer’s Allegation Of Just Cause: A Case Comment
In Singh v Clark Builders, 2025 ABKB 3, the Alberta Court of King’s Bench upheld a termination clause in an employment contract, limiting the employee’s notice entitlement to 90 days, despite the employee’s promotion from Vice President to Chief Operating Officer...
Forced To Sign A Release In Exchange For Your Contractual Severance? A Case Comment
In the case of Timmins v Artisan Cells, 2024 ONSC 7123, the Ontario Superior Court of Justice addressed the issue of an employer repudiating an employment agreement by failing to fulfill its contractual severance obligations. Background: Dr. Nicholas Timmins...
Enticed To Leave Your Job Then Terminated? Inducement’s Effect On Wrongful Dismissal Damages
Wrongful dismissal claims often hinge on determining the proper amount of reasonable notice or pay in lieu of notice owed to an employee who was terminated without cause. Courts assess multiple factors (commonly known as the Bardal factors in Canadian law) to decide...
Severance Pay: How Is It Calculated?
When an employee in Alberta is terminated without cause and without an enforceable termination clause, they are entitled to common law reasonable notice (often paid as severance in lieu of working notice). Unlike the minimum standards in Alberta’s Employment Standards...
Bad Faith Terminations
Employers in Alberta must navigate both statutory employment standards and common law principles when terminating employees. While the Alberta Employment Standards Code sets minimum requirements for termination (such as notice or pay in lieu), the common law imposes...
Have You Experienced Workplace Harassment?
Workplace harassment can involve unwelcome behaviour that makes an employee feel humiliated, threatened, or unsafe. Workplace harassment generally means any unwelcome or inappropriate behavior in the workplace that intimidates, offends, degrades, or humiliates a...
Do You Have A Fixed-term Employment Contract? What It Means
Fixed-term contracts in Alberta provide a clear end date for the employment, which influences how termination is handled. In Alberta, the rules for ending a fixed-term employment contract are governed by the Alberta Employment Standards Code (ESC) and common law...
Are You An Employee Or Independent Contractor? Breaking Down The Difference
Legal Definitions And Classification Criteria Under Alberta’s Employment Standards Code (ESC), an employee is defined as “an individual employed to do work who receives or is entitled to wages,” and an employer is “a person who employs an employee”. The ESC does not...
Pay Cuts: Are they Legal?
In Alberta, an employer cannot arbitrarily cut an employee’s pay without risking legal consequences. Employment laws and court rulings limit an employer’s ability to unilaterally reduce wages. Significant pay cuts made without the employee’s consent may violate...
Just Cause for Termination in Alberta
Statutory Framework (Employment Standards Code) In Alberta, the Employment Standards Code (ESC) sets minimum requirements for termination notice or pay. Generally, an employer must give an employee advance notice of termination or pay in lieu of notice, based on the...
Fired? Here’s a Guide to How You Figure Out What You’re Owed
In Alberta, reasonable notice of termination is calculated based on both statutory and common law frameworks. The Employment Standards Code (ESC) sets the minimum legal requirements, while common law (judge-made law) may provide greater notice periods based on...
What is Mitigation?
In employment and human rights law in Alberta, mitigation generally refers to the legal duty of a person who has suffered a loss—such as being wrongfully dismissed or experiencing a human rights violation—to take reasonable steps to reduce or “mitigate” that loss....
Failure to Provide Advance Warnings Can Mean No Just Cause for Termination: A Case Comment
Case Overview: Cumberland v Maritime College of Forest Technology, 2023 NBKB 065 Cumberland v Maritime College of Forest Technology, 2023 NBKB 065 is a notable wrongful dismissal case from New Brunswick that underscores the importance of progressive discipline in...
No Consideration (Benefit) Means No Enforceability: The Requirement of Fresh Consideration in Post-Contractual Amendments to Employment Agreements
Case Overview: Goberdhan v Knights of Columbus, 2023 ONCA 327 In Goberdhan v Knights of Columbus, 2023 ONCA 327, the Ontario Court of Appeal addressed the enforceability of arbitration clauses in employment contracts and the necessity of fresh consideration for...
Seconded to another organization under the terms of your employment? Which terms prevail? A case comment.
Case Overview: Nader v University Health Network, 2022 ONSC 447 In Nader v University Health Network, 2022 ONSC 447, the Ontario Superior Court addressed the legal implications of secondment agreements within the framework of existing employment contracts. ...