O'Donnell v. Soldan Fence and Metals (2009) Ltd., [2015] A.R. TBEd. DE.075

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 02, 2015
• Citations: [2015] A.R. TBEd. DE.075;2015 ABQB 764

O'Donnell v. Soldan Fence and Metals, [2015] A.R. TBEd. DE.075

MLB being edited

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

Temp. Cite: [2015] A.R. TBEd. DE.075

Mark Gregory O'Donnell (plaintiff) v. Soldan Fence and Metals (2009) Ltd. (defendant)

(1303 12294; 2015 ABQB 764)

Indexed As: O'Donnell v. Soldan Fence and Metals (2009) Ltd.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Schlosser, Master

December 2, 2015.

Summary:

The plaintiff sued the defendant for wrongful dismissal. His employment with the defendant was terminated April 15, 2013, without cause. At the time he was 58 years old and had worked for the defendant, or its predecessor, for 34 years and 11 months. As at the date of termination, the plaintiff was earning an annual salary of $58,478.80, plus monthly benefits of $169.27. The plaintiff applied for summary judgment. The defendant resisted on the basis that this was a claim for unliquidated damages and a Master lacked jurisdiction to determine unliquidated damages.

A Master of the Alberta Court of Queen's Bench held that he had jurisdiction. The Master held that the reasonable notice period was 19 months, adjusted downward by one month with respect to mitigation. Further, the plaintiff was entitled to vacation pay over the reasonable notice period. Costs on column 1, rule 10.42, applied.

Courts - Topic 1049

Masters - Jurisdiction - Unliquidated damage claims - See paragraphs 8 to 12.

Master and Servant - Topic 1982

Remuneration - Vacation pay - Entitlement to - See paragraph 45.

Master and Servant - Topic 8000

Dismissal without cause - Notice of dismissal - Reasonable notice - What constitutes - See paragraphs 24 to 34.

Master and Servant - Topic 8003

Dismissal without cause - Notice of dismissal - Reasonable notice - Considerations affecting (incl. bad faith) - See paragraphs 24 to 34.

Master and Servant - Topic 8064

Dismissal without cause - Damages - Mitigation - See paragraphs 35 to 44.

Counsel:

Patrick Hart (Jackie Handerek & Forester), for the plaintiff;

Cristina Wendel (Dentons Canada Ltd.), for the defendant.

This application was heard by Schlosser, Master, of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on December 2, 2015.