Edge v Moose Jaw Downtown and Soccer/Field-House Facilities Inc.

Firms involved

Butz & Company, McKercher LLP
Graham Edge
Law Firm
Butz & Company
Lawyer(s)

M. Danish Shah

Moose Jaw Downtown and Soccer/Field House Facilities Inc.
Law Firm
McKercher LLP
Lawyer(s)

C. Kelsey O'Brien

Michael A. Macdonald

Ted Schaeffer
Law Firm
McKercher LLP
Lawyer(s)

C. Kelsey O'Brien

Michael A. Macdonald

Brian Swanson
Law Firm
McKercher LLP
Lawyer(s)

C. Kelsey O'Brien

Michael A. Macdonald

Scott McMann
Law Firm
McKercher LLP
Lawyer(s)

C. Kelsey O'Brien

Michael A. Macdonald

Crystal Froese
Law Firm
McKercher LLP
Lawyer(s)

C. Kelsey O'Brien

Michael A. Macdonald

Background Facts:

  • Graham Edge was hired as the general manager of Moose Jaw Downtown and Soccer/Field-House Facilities Inc. (DFHF) on January 15, 2018. DFHF was a non-profit corporation established by the City of Moose Jaw to manage public facilities.
  • Edge was dismissed for cause on May 24, 2018, during his probation period, with the board citing "incompatibility with staff and relationships with third-party groups."
  • Edge alleged he was actually fired for initiating an investigation into harassment allegations against another employee.
  • On April 15, 2020, Edge filed a wrongful dismissal lawsuit against DFHF and its directors (Ted Schaeffer, Brian Swanson, Scott McMann, and Crystal Froese).

Key Legal Issues:

  • Whether Edge’s claim was barred by the one-year limitation period in The Cities Act.
  • Whether DFHF’s directors could be personally liable under The Non-profit Corporations Act.
  • Whether the respondents intentionally concealed documents, affecting the limitation period.

Court’s Decision:

  • The claim against DFHF was dismissed as statute-barred under The Cities Act.
  • The claim against the directors was reinstated, as the Chambers judge erred in applying the limitation period to them.
  • The matter regarding document production was remitted for further consideration.

Award & Costs:

  • The appeal was allowed in part.
  • No costs were awarded due to divided success.
Court of Appeal for Saskatchewan
CACV4270
Labour & Employment Law