Employers Take Note: Summary Judgment Is Appropriate In Wrongful Dismissal Cases – Even When Employer Alleges Just Cause

How effectively does your company record disciplinary conversations with employees? A recent Alberta decision highlights just how important this can be for employers.

In McDonald v Sproule Management GP Limited, Justice Marion of the Alberta Court of King's Bench writes a detailed decision considering the appropriateness of granting summary judgment – which is a decision in favour of the plaintiff without a trial – in a wrongful dismissal case.

The case involved a senior accounting executive, Kevin McDonald ("McDonald"), whose employment was terminated by Sproule Management GP Limited ("Sproule") for just cause in February 2016. McDonald alleged that the termination was wrongful and that he was entitled to significant severance pay.