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ARTICLE · 30 NOVEMBER 2018

Determination Of Reasonable Notice Is Not Appropriate For Summary Judgment, Alberta Court Determines

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In Coffey v Nine Energy Canada Inc., 2018 ABQB 898, the Alberta Court of Queen's Bench confirmed the master's decision that summary judgment was inappropriate for the assessment of damages...

CanadaEmployment and HR
McCarthy Tétrault Employer Advisor
McCarthy Tétrault Employer Advisor
Justin Turc
Justin Turc
Danielle Douglas
Danielle Douglas
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In Coffey v Nine Energy Canada Inc., 2018 ABQB 898, the Alberta Court of Queen's Bench confirmed the master's decision that summary judgment was inappropriate for the assessment of damages for pay in lieu of reasonable notice for wrongful dismissal.

Summary Judgment

A summary judgment application is a procedural tool that allows for a shortened and expeditious decision to be made on a case, without the normal length and costs associated with a full trial process.

In a typical wrongful dismissal case, the main issue between the employee and the employer is the determination how much, if any, pay in lieu of notice of termination is owed. Generally, if an employer fails to provide reasonable working notice of termination, an employee is entitled to pay in lieu of reasonable notice under the common law. Employers can contract out of the common law reasonable notice period with a clear and unambiguous termination clause. The reasonable notice period is determined on

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