Company loses over $400,000 in sales after employee’s departure
A Calgary waste management company that lost 90% of its clients when a key employee departed has failed to secure an injunction against him, despite an Alberta court finding he owed fiduciary duties to his former employer.
Justice C.M. Jones of the Court of King's Bench dismissed Garbage King's application for an interlocutory injunction against Brad Voth and his new employer, VP Disposal, in a decision released Nov. 18, 2025. The ruling highlights the critical importance of proper employment documentation and swift legal action when senior employees depart.
Voth joined Garbage King in January 2022 in what the company's president, Heather Saunders, described as a joint venture arrangement. He would contribute industry knowledge and client contacts while she provided capital. There was no written employment agreement.
A draft contract presented in April 2022 referring to Voth as operations manager was never signed. He was verbally promised 5% of shares after two years.
When Voth left in January 2023, Saunders claimed he "solicited Garbage King's customers, with the result that Garbage King lost 90% of its business." By the time of questioning, Garbage King retained only three of 15 customers and lost roughly $417,240 in sales.
Garbage King asserted Voth was its managing partner and director with fiduciary obligations. Voth denied this, claiming limited duties including dispatching...
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