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Wrongful Dismissal in Alberta: A case on why it is worthwhile to defend a lawsuit

The case of Lund v Quinn Maintenance Inc, 2020 ABQB 0722 involved the court assessing pay in lieu of notice damages for a 17 year employee. The Plaintiff was terminated in July, 2020 and the Defendant chose not to defend, losing all defences potentially available including cause and mitigation. Mr. Justice J.T. Eamon said at paragraph 10 when speaking of the Bardal factors:


[10] Seniority, age, and long service with a single employer can be expected to lengthen the likely time to find replacement employment (Nelson v Champion Feed Services Inc, 2010 ABQB 409 at para 87). An economic downturn is a relevant consideration (Lederhouse v Vermilion Energy Inc, 2015 ABQB 387 at para 35).

[11] The availability of similar, alternative employment should be assessed prospectively, at the time of dismissal (Bahrami v AGS Flexitallic Inc, 2015 ABQB 536 at para 36). Evidence of job searches can assist in assessing the availability of alternate employment (ibid).


The court ultimately order 17 months severance, plus overtime and a number of other items.


This case proves that driving a plaintiff's case can get good, quick results at times.


If you have been fired, or sued for wrongful dismissal please feel free to contact us.


The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.




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