Are Summary Judgment Applications Appropriate For Determining Reasonable Notice Periods In Alberta?

According to one master of the Court of Queen's Bench of Alberta, the answer to that question is NO.

In Coffey v Nine Energy Canada Inc., 2017 ABQB 417, Master J. Farrington was faced with a summary judgment application in a wrongful dismissal case. The plaintiff, Mr. Coffey, was a long-time employee who was seeking, among other things, an increased reasonable notice period following his termination without cause. Among the issues raised by the defendant company was the jurisdiction of the master in chambers to assess damages.

In his analysis, Master Farrington reinforced the fact that masters in Alberta have no jurisdiction to try actions or to resolve disputed questions of fact where oral evidence is required, and that parties must generally show an "unassailable" case in order to be successful on a summary judgment application. Where he diverged from the conventional position in this area, however, was when he went on to consider the nature of summary judgment