Bahrami v. AGS Flexitallic Inc., 2015 ABQB 536

JudgeShelley, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateAugust 05, 2016
Citations2015 ABQB 536;[2015] A.R. TBEd. AU.126

Bahrami v. AGS Flexitallic Inc., [2015] A.R. TBEd. AU.126

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. AU.126

Farhad Bahrami (plaintiff) v. AGS Flexitallic Inc. (defendant)

(1403 04026; 2015 ABQB 536)

Indexed As: Bahrami v. AGS Flexitallic Inc.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Shelley, J.

August 26, 2015.

Summary:

The defendant (AGS Flexitallic Inc.) hired the plaintiff (Bahrami) as Vice President, Finance, on May 27, 2013. Approximately 8.5 months later, AGS terminated Bahrami's employment without notice and without cause, paying him severance of $6,250. After five months of searching for a new job, Bahrami was hired as a Corporate Controller for a company, earning a comparable, but somewhat lesser, salary. Bahrami applied for summary judgment for damages against AGS. AGS argued that Bahrami's status was not truly that of a vice president, but at a lower level, namely the level of a director.

The Alberta Court of Queen's Bench granted summary judgment to Bahrami. The court held that the exact character of Bahrami's employment with AGS was not determinative; there was enough overlap between the parties' characterizations that gave the court a reasonable understanding of his employment. For the purposes of determining what a reasonable notice period would be, it was sufficient to conclude that Bahrami was hired as a senior manager with substantial recognition of and key indicia of an executive status. Given that AGS conceded that Bahrami was dismissed without cause, whether he ultimately performed as expected by AGS was not relevant. After considering the character of Bahrami's employment with AGS, his age, his length of service, and the availability of similar, alternative employment, the court concluded that the reasonable period of notice that AGS should have given him was six months. The court assessed damages accordingly.

Damage Awards - Topic 1454

Contracts - Employment contracts - Wrongful dismissal - See paragraphs 51 to 54.

Damages - Topic 6703

Contracts - Employment relationship or contract - General principles - Wrongful dismissal - See paragraphs 18 to 49

Master and Servant - Topic 7704

Dismissal or discipline of employees - Damages for wrongful dismissal - Measure of damages for wrongful dismissal - See paragraphs 51 to 54.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dismissal - Reasonable notice - What constitutes - See paragraphs 18 to 49.

Master and Servant - Topic 8003

Dismissal without cause - Notice of dismissal - Reasonable notice - Considerations affecting - See paragraphs 19 to 49.

Master and Servant - Topic 8007.1

Dismissal without cause - Notice of dismissal - Reasonable notice - Management vs. non- management employees - See paragraphs 21 to 34.

Counsel:

Thomas V. Duke (Miller Thomson LLP), for the plaintiff;

Adrian C. Elmslie (Dentons Canada LLP), for the defendant.

This case was heard on August 5, 2016, by Shelley, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following reasons for judgment on August 26, 2015.

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10 practice notes
  • Coffey v Nine Energy Canada Inc, 2018 ABQB 898
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 2, 2018
    ...whether summary judgment rule was appropriate: Lederhouse v Vermilion Energy Inc, 2015 ABQB 387, and Bahrami v AGS Flexitallic Inc, 2015 ABQB 536. [15] The Master’s decision is also at odds with several other master’s decisions on this point: O’Donnell v Soldan Fence and Metals (2009) Ltd, ......
  • Rice v Shell Global Solutions Canada Inc, 2019 ABQB 977
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 18, 2019
    ...of similar, alternative employment should be assessed prospectively, at the time of dismissal (Bahrami v AGS Flexitallic Inc, 2015 ABQB 536 at para 36). It took months for Ms Rice to find a job, and the jobs are not directly comparable. The Fisher job offered a higher base salary, but no op......
  • Cordeau-Chatelain v Total E&P Canada Ltd, 2021 ABQB 794
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 5, 2021
    ...structure. In my opinion, the unique character of the position indicates a longer notice period: Bahrami v AGS Flexitallic Inc., 2015 ABQB 536. [57]        The Defendant’s most factually similar case is Spooner. The defendant in that case also used ......
  • Rooney v GSL Chevrolet Cadillac Ltd,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • December 5, 2022
    ...BCLR (3d) 345 (BC CA) at para 9  Justice Shelley adopted this view in Bahrami v AGS Flexitallic Inc, 2015 ABQB 536 at para [95]           In practice, the appropriate period of reasonable notice is often determined by looking to ca......
  • Request a trial to view additional results
8 cases
  • Coffey v Nine Energy Canada Inc, 2018 ABQB 898
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 2, 2018
    ...whether summary judgment rule was appropriate: Lederhouse v Vermilion Energy Inc, 2015 ABQB 387, and Bahrami v AGS Flexitallic Inc, 2015 ABQB 536. [15] The Master’s decision is also at odds with several other master’s decisions on this point: O’Donnell v Soldan Fence and Metals (2009) Ltd, ......
  • Rice v Shell Global Solutions Canada Inc, 2019 ABQB 977
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 18, 2019
    ...of similar, alternative employment should be assessed prospectively, at the time of dismissal (Bahrami v AGS Flexitallic Inc, 2015 ABQB 536 at para 36). It took months for Ms Rice to find a job, and the jobs are not directly comparable. The Fisher job offered a higher base salary, but no op......
  • Cordeau-Chatelain v Total E&P Canada Ltd,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 5, 2021
    ...structure. In my opinion, the unique character of the position indicates a longer notice period: Bahrami v AGS Flexitallic Inc., 2015 ABQB 536. [57]        The Defendant’s most factually similar case is Spooner. The defendant in that case also used ......
  • Rooney v GSL Chevrolet Cadillac Ltd,
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • December 5, 2022
    ...BCLR (3d) 345 (BC CA) at para 9  Justice Shelley adopted this view in Bahrami v AGS Flexitallic Inc, 2015 ABQB 536 at para [95]           In practice, the appropriate period of reasonable notice is often determined by looking to ca......
  • Request a trial to view additional results
2 firm's commentaries
  • Determining Reasonable Notice: Is Character Of Employment A Less Important Factor?
    • Canada
    • Mondaq Canada
    • October 19, 2015
    ...individuals' ability to find a comparable alternative position. The Alberta Court of Queen's Bench in Bahrami v. AGS Flexitallic Inc., 2015 ABQB 536, recently followed a line of cases that take the position that the character of employment is no longer a determining factor in terms of the n......
  • Determining Reasonable Notice: Is Character of Employment a Less Important Factor?
    • Canada
    • JD Supra Canada
    • October 27, 2015
    ...position. The Alberta Court of Queen’s Bench in Bahrami v. AGS Flexitallic Inc., 2015 ABQB 536, recently followed a line of cases that take the position that the character of employment is no longer a determining factor in terms of the notice period and, in fact, is a factor of “declining i......

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