In Astolfi v. Stone Creek Resorts Inc., 2023 ABKB 416, Astolfi sued for wrongful dismissal, alleging he was terminated in bad faith by Stone Creek in April 2018 after reporting harassment by its President. He sought $235,000 in damages for lost wages, benefits, and emotional distress.

Key Facts:

• Astolfi claimed he was terminated without proper cause following a hostile incident with Stone Creek's President in February 2018. Stone Creek countered that Astolfi refused to return to the office, justifying his termination.
• After termination, Astolfi faced disputes over Employment Insurance, Occupational Health & Safety (OHS) complaints, and Workers’ Compensation Board (WCB) claims, alleging Stone Creek’s interference in these proceedings.

Court’s Decision:

• Astolfi was allowed to amend his claim to include post-termination conduct involving Service Canada, OHS, and WCB, arguing these actions were part of Stone Creek's bad-faith tactics.
• The court ruled that while wrongful dismissal damages could include conduct before and after termination, some amendments (e.g., claims related to new policies after his employment) were disallowed.
• The amendments were not barred by limitations or the Workers’ Compensation Act, which doesn’t cover wrongful dismissal damages.

Outcome:

• The appeal to block Astolfi’s amendments was mostly dismissed.
• No costs awarded to Stone Creek; future costs related to the amendments were deferred to trial.