Arsenault v Big Rock Brewery Limited Partnership by its general partner Big Rock Brewery Operations Corp. and Big Rock Brewery Operations Corp

Firms involved

McLennan Ross LLP, Field LLP
Wayne Arsenault
Law Firm
McLennan Ross LLP
Lawyer(s)

Dan Bokenfohr

Big Rock Brewery Limited Partnership by its general partner Big Rock Brewery Operations Corp
Law Firm
Field LLP
Lawyer(s)

L. Frank Molnar, KC

Big Rock Brewery Operations Corp
Law Firm
Field LLP
Lawyer(s)

L. Frank Molnar, KC

Key Points:

  • Plaintiff: Wayne Arsenault
    • Claim: Wrongful termination without just cause or reasonable notice; seeks $261,621.15 in severance and $200,000 in damages for breach of good faith.
  • Defendants: Big Rock Brewery Limited Partnership and Big Rock Brewery Operations Corp
    • Defense: Termination with just cause, citing misconduct, gross negligence, financial misstatements, concealment of information, and a breakdown in trust.
  • Procedural History:
    • Arsenault filed the claim on February 15, 2023.
    • Big Rock filed their defense on March 31, 2023.
    • Arsenault applied for a streamlined trial, opposed by Big Rock.
  • Streamlined Trial Rules:
    • Implemented for timely and cost-effective resolutions.
    • Criteria (Rule 8.25):
      1. Necessity for fair and just resolution.
      2. Proportionality to the importance and complexity of the issues.

Court's Analysis and Decision:

  • Necessity: Streamlined trial deemed unnecessary due to the complexity and volume of evidence, including multiple witnesses and financial records.
  • Proportionality: A streamlined trial would not save time or costs; standard trial considered more efficient and appropriate.
  • Outcome: Application for a streamlined trial dismissed; case will proceed to a standard trial.
  • The document does not specify any monetary award, costs, or damages granted or ordered.

 

Court of King's Bench of Alberta
2301 02115
Labour & Employment Law
Respondent