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Sunday, May 17, 2026

2023 Employment Law Alberta Year in Review - LawNow Magazine

This past year, the courts have left us important employment law decisions about fiduciary liability, mitigation, overtime, non-solicitation clauses, injunctions, just cause, summary judgment and CERB deductibility.

This article is a short summary of some important employment law decisions in Alberta in 2023, separated roughly into subcategories. It does not focus on cases from other jurisdictions, although many of those can have persuasive weight here. It also does not address developments in human rights and labour (union) law.

Fiduciary Liability

In Breen v Foremost Industries Ltd, 2023 ABKB 552 (Justice Yamauchi), a former CEO employee sued for wrongful dismissal. However, the employer turned the tables on him and successfully counterclaimed a large sum against the employee. The employer successfully established that the CEO employee had ignored their expenditure guidelines, resulting in losses for which the employee was responsible. In addition, the employee had effectively paid himself secret funds by paying money from his employer to a Russian agent who then paid a portion back to the employee as a “gift”. In total, the employee was liable for around $450,000 in pecuniary damages and $50,000 in punitive damages. Not surprisingly, the Court also found the employer had just cause to terminate his employment.

Mitigation

In Dunbar v Northern Air Charter (PR) Inc, 2023 ABKB 171 (Justice Woolley), the plaintiff employee was successful in a Provincial Court trial for...



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