The Alberta Rules of Court were amended in January to introduce a new streamlined trial process, and the first decision considering these rules set an unexpected precedent for wrongful dismissal trials.
The new rules replace the former summary trial application rules which required a full consideration of affidavits, evidence and witnesses before proceeding to a summary or civil trial; a process that was costly and time consuming for all parties involved, especially employees bringing claims against employers.
“It gives employees another process, a way to get their matter concluded quicker and more cost effectively,” says Frank Molnar, partner at Field Law in Calgary. “If an employee’s counsel can accomplish that, that’s really big for employees that are suing for wrongful dismissal.”