McDonald v Sproule Management GP Limited
Kevin McDonald
Law Firm / Organization
Smith Mack Lamarsh
Lawyer(s)

C. Michael Smith

Sproule Management GP Limited
Law Firm / Organization
Bennett Jones LLP

Key Points:

  • Parties: Kevin McDonald (Plaintiff) vs. Sproule Management GP Limited (Defendant)
  • Background: McDonald sought summary judgment against Sproule for wrongful dismissal. He claimed $985,799 for lack of reasonable notice and $489,696 in damages for the manner of termination, plus costs.
  • Defendant's Argument: Sproule argued against summary judgment, asserting just cause for termination and disputing the assessment of damages.
  • Court's Findings:
    • Judgment: The court found no merit in Sproule's defense and no genuine issues requiring a trial.
    • Wrongful Dismissal: McDonald was determined to have been wrongfully dismissed.
    • Notice Period and Damages: McDonald was entitled to an 18-month notice period and awarded damages of $379,312.68, plus pre and post-judgment interest.
    • Bad Faith Damages: McDonald's claim for bad faith damages was not proven.

Conclusion:

The court ruled in favor of Kevin McDonald, concluding that he was wrongfully dismissed and entitled to significant compensation for lack of reasonable notice, reflecting the court's assessment of the case within the context of wrongful dismissal jurisprudence.

Court of King's Bench of Alberta
1601 08624
Labour law
$ 379,313
Plaintiff