Plotnikoff Returns! Termination Clauses and Duty to Mitigate Considered
In Plotnikoff v Associated Engineering 2024 ABKB 706, the Court found a termination clause did not restrict severance and that the employee had not failed to mitigate.
Alberta Fiduciaries, Confidential Information and Non-Solicitation
In People Corporation v 2578649 Alberta Ltd., an Alberta Court refused non-comp and non-solicit injunctions, but granted a 12 month fiduciary non-solicit
Restrictive Covenant Not Enforced Against Consultants
In NL Fisher Supervision & Engineering v Bottger, the Alberta Court of Justice ruled restrictive covenants in consulting agreements were ambiguous and unreasonable.
Non-Comp Injunction Application Re Former Shareholder Denied
In ARC Surveys Ltd v Ni, a surveying company failed to get a permanent injunction preventing the involvement of a former shareholder with a competitor.
Objectively Serious Misconduct Not Enough For Just Cause?
In O’Brien v San Forestry, a truck driver engaged in misconduct but the termination of employment was without just cause and he was owed to termination pay.