Wrongful Dismissal

Calhoon v J. Quartly Trucking Ltd. (2024) (ABKB), is an unreported ABKB decision where a labourer with 6 years’ service was awarded 8 months notice

In Koshman v Controlex Corporation, 2023 ONSC 7045, an employer was nasty in its termination of an employee, and the Court made an example of them

In Stonham v Recycling Worx, 2023 ABKB 629, an employee was found to be wrongfully dismissed despite the employer argument that he resigned.

In McDonald v Sproule, 2023 ABKB 587 (Marion) an employee won a large severance using summary judgment instead of a trial process

In the realm of employment law, constructive dismissal is a concept that is both complex and consequential. For employees in…

In Plotnikoff v Associated Engineering Alberta, 2023 ABCJ 200 (Higa) the Alberta Court of Justice awarded severance, rejecting two defenses

In Elmsdale Landscaping v Hiltz, 2003 NSCA 56, a sod worker was constructively dismissed and got 12 months severance despite refusing to return to work

In Northern Air Charter v Dunbar, 2023 ABKB 171, the Alberta Court of King’s Bench dealt with many employment law issues and dismissed a PC appeal

In Chu v China Southern Airlines, 2023 BCSC 21, an employer tried to manufacture just cause for dismissal. The employee received big damages

In Lake v La Presse, 2022 ONCA 742, the court said it was ok that the employee declined to search for lesser replacement jobs.

In Wisser v CEM International, 2022 ABQB 414, an employee was able to hold a related corporation and directors personally liable for severance.

Currie v Nylene, 2022 ONCA 209 is a new appeal decision where an exceptional 26 month severance award was upheld.