The Court dismissed Stone Creek’s appeal against an order allowing Astolfi to amend his Statement of Claim in his wrongful dismissal action.
The amendments included allegations regarding post-termination conduct, misrepresentations to government agencies, and a request for punitive damages.
Astolfi sought $235,000 in damages, including $195,000 for lost wages and benefits, and additional damages for bad faith conduct.
The Court awarded costs, requiring Astolfi to pay $2,500 for additional proceedings while varying the costs of the amendment application.
2025 ABKB 139 Decision:
Astolfi applied to have Stone Creek found in contempt for failing to comply with a 2022 court order requiring the production of electronic records in their original format.
The Court found that Stone Creek had not fully complied, as it provided records from its legal counsel’s database rather than from its internal systems.
However, the Court ruled that Stone Creek’s failure was not intentional and that it had made reasonable efforts to comply, dismissing the contempt application.
The Court emphasized that both parties bore responsibility for the prolonged litigation and declined to award solicitor-client costs against Astolfi.
Outcome:
Amendments Approved: Astolfi expanded his claims, including post-termination misconduct.
Contempt Application Dismissed: Stone Creek’s non-compliance was not deemed willful.
No Additional Damages Awarded: The case remains ongoing, with damages yet to be determined.
No final determination of damages or successful party.
