Court Awards 26 Months Severance Pay In Alberta!

In Lischuk v K-Jay Electric Ltd., 2025 ABKB 460 (Angotti) is an interesting and important Alberta employment law case, both factually and in terms of legal analysis. The Court awarded the dismissed employee, a 58 year old general manager, 26 months' severance. The Court also found that the employee had not failed to mitigate despite not looking for work, and that the employee was entitled to share bonuses during the reasonable notice period that were in respect of shares owned by the employee's corporation, not the employee.

This case is important because it is the clearest amongst very few authorities suggesting notice periods exceeding 24 months are currently possible in Alberta. It is also important for its reasoning regarding the duty to mitigate damages and whether share bonuses related to re-purchased shares accrue in a reasonable notice period.