In the recent Alberta Court of Queen's Bench decision Coffey v. Nine Energy, 2018 ABQB898, Madam Justice K.D. Nixon set forth some guidance with respect to Employment matters. The Court found that assessment of damages for pay in lieu of reasonable notice for wrongful dismissal is not appropriate for summary judgment. In the Court's opinion, employment matters can be decided summarily through the Summary Trial process. In light of Supreme Court of Canada's requirement a culture shift in the interpretation of summary procedures in Hryniak v. Mauldin, it remains to be seen what position the higher courts will take on this. Suffice to say that summary trial remains one of the best options for advancing employment matters.
Need to speak to a lawyer? Contact Floden Ward today.