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ARTICLE · 03 JANUARY 2019

Reasonable Notice Damages For Wrongful Dismissal Cannot Be Determined Via Summary Judgment

The decision from of the Court of Queen's Bench of Alberta in Coffey v. Nine Energy Canada Inc., 2018 ABQB 898 [Coffey], provides clarity amidst the conflicting jurisprudential landscape.

CanadaEmployment and HR

The decision from of the Court of Queen's Bench of Alberta in Coffey v. Nine Energy Canada Inc., 2018 ABQB 898 [Coffey], provides clarity amidst the conflicting jurisprudential landscape regarding whether the assessment of damages for a termination without cause is appropriate for summary judgment.

In Coffey, the Plaintiff had commenced a claim for wrongful dismissal and applied for summary judgment against his former employer, alleging entitlement to damages for a reasonable notice period and a percentage of revenue. The Defendant counterclaimed, alleging the Plaintiff made disparaging remarks and improperly used confidential information. The Master found that summary judgment was inappropriate for the assessment of damages for pay in lieu of reasonable notice for wrongful dismissal. Summary judgment was also not suitable for the Plaintiff's claims for punitive or aggravated damages, or for the counterclaim. The Plaintiff appealed.

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