Client Win: Additional Damages Secured for Wrongfully Dismissed Alberta Worker
Richard v. John’s Sandblasting & Painting Ltd
Samfiru Tumarkin LLP has secured additional compensation for our client, Napoleon Richard, in Richard v. John’s Sandblasting & Painting Ltd, a matter that was heard at the Court of King’s Bench of Alberta (ABKB).
Associate Anna Xu and members of the team successfully defended an application and appeal to strike a Statement of Claim in Richard’s wrongful dismissal case — resulting in a portion of his legal fees being covered by his former employer.
📺 WATCH: Guide to Wrongful Dismissals
What You Need to Know
- Richard worked for John’s Sandblasting & Painting Ltd for approximately 35 years until his employment was terminated on Aug. 8, 2022.
- On June 19, 2024, Samfiru Tumarkin LLP filed a civil claim for wrongful dismissal in the Alberta Court of Justice. We later reassessed the damages and determined that an action in the ABKB was necessary in order to preserve Richard’s full termination entitlements.
- On Aug. 20, 2024, the legal documents related to the claim change were provided to John’s Sandblasting & Painting Ltd.
- On Sept. 11, 2025, new counsel for John’s Sandblasting & Painting Ltd attempted to fight the claim change — alleging an abuse of process.
- An Applications Judge ruled no abuse of process and claimed the current Statement of Claim was valid.
- John’s Sandblasting & Painting Ltd decided to appeal the Applications Judge’s ruling.
Questions about wrongful dismissals, severance pay, and other workplace rights? Use our free interactive tool to get real-time insights.
The Court’s Decision
The ABKB dismissed the appeal filed by John’s Sandblasting & Painting Ltd — finding that the Application Judge:
- Was correct in ruling that no abuse of process had occurred.
- Didn’t ignore established and binding principles of law in reaching its conclusion.
As a result, the court ordered John’s Sandblasting & Painting Ltd to cover a portion of Richard’s legal fees related to both challenges.
SEE ALSO
• Severance Pay Calculator: Double-Check Your Entitlements
• Should I Negotiate My Own Severance Package in Alberta?
Key Takeaways
For Employees
- Legal assessments and strategies can evolve as matters, including wrongful dismissals, progress.
- It’s not uncommon for employers in Alberta to implement strategies that attempt to delay legal proceedings. Richard’s case highlights how the experienced employment law team at Samfiru Tumarkin LLP can keep everything on track.
For Employers
- Our firm can help you properly assess your risks before submitting court applications. Richard’s case shows the financial consequences that can occur when applications/appeals are dismissed.
More Client Wins
- Full Severance for Wrongfully Dismissed Alberta Shift Supervisor
- Major Payout for Wrongfully Dismissed Alberta Product Specialist
- Alberta Assistant Manager Awarded $54K After Unfair Ultimatum
- Full Severance for Alberta Manager Following Firing Fiasco
- Salesperson Awarded $182K in Wrongful Dismissal Case
- Alberta Site Supervisor Awarded $31K After Demotion, Pay Cut
- Employee Wins 17-Month Severance After Unfair Demotion Offer
- Executive Awarded Over $300K Following Devastating Demotion
Workplace Issue? Get Help Now
📞 Contact Samfiru Tumarkin LLP: 1-855-821-5900 or request a consultation online.
Our employment lawyers have helped tens of thousands of non-unionized individuals resolve their workplace issues, including wrongful dismissals.
Contact your union immediately. By law, employment lawyers can’t represent unionized employees.
About the Author
Anna Xu
Anna Xu is an Alberta employment lawyer and Associate with Samfiru Tumarkin LLP’s Labour and Employment Law practice group. She's a fierce advocate who provides practical, timely, and cost-effective solutions for her clients.
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