Weighing Your Options? Reasonable Notice Means Weighing Your Evidence, Count Summary Judgment Out

Coffey v Nine Energy Canada Inc. ¹, a recent decision of the Alberta Court of Queen's Bench, confirms that summary judgment is not appropriate to decide an assessment of damages for pay in lieu of reasonable notice. This case was an appeal from Master Farrington's decision², finding that an assessment of reasonable notice requires the weighing of evidence, which cannot be determined by summary judgment and is outside the jurisdiction of a master. In confirming the Master's decision, the Court concluded that an application should instead be made for summary trial pursuant to Rule 7.5 of the Alberta Rules of Court (the "Rules"), which is more appropriate to determine damages for reasonable notice as it allows a justice to make findings of fact.