Alberta Court Win: 35-Year Crane Operator’s Severance Case Protected

Samfiru Tumarkin LLP defeated two attempts to stop an Alberta worker’s severance case and secured an order requiring his former employer to pay part of his legal fees.

Napoleon Richard had worked for the company for approximately 35 years as a crane operator before losing his job. When his former employer tried to have his claim thrown out, our team fought to protect his opportunity to recover what he was owed.

Richard was represented by Anna Xu and other members of our employment law team in Calgary.

The Employer Tried To Stop The Case

More than a year later, on September 11, 2025, the employer’s new lawyers challenged the change. They asked the court to throw out Richard’s claim.

The company called it an “abuse of process.” In everyday language, it argued that the way his claim had been brought was an improper use of the court system.

That created another hurdle for Richard: before his claim for more severance could move forward, our team had to defend his right to pursue it in that court.

Why The Choice Of Court Mattered

The court where a claim is filed can affect how much money someone can seek. The Alberta Court of Justice handles civil claims up to $100,000; larger claims must go to the Court of King’s Bench.

Our team’s review showed that Richard needed to pursue his case in the Court of King’s Bench to protect his full claim. The goal was to preserve his opportunity to recover everything he might be owed.

Our Team Defeated Both Challenges

The first judge rejected the employer’s argument and allowed Richard’s claim to stand. But the company did not accept that answer. It appealed, asking another judge to overturn the decision.

Anna Xu and our team defended Richard again. The Alberta Court of King’s Bench agreed that the claim had been brought properly and that the first judge had followed the applicable legal rules. It dismissed the appeal.

This ruling did not set Richard’s final severance amount. It protected his ability to seek that money, rather than having his case end over the employer’s objections.

Read the full court decision: Richard v John’s Sandblasting & Painting Ltd, 2026 ABKB 44.

What This Means For You

• The best approach can change as your case develops. A closer review may show that you could be owed more than first thought. Our team can adjust its strategy to protect your full claim.
• Employers sometimes use legal tactics to delay claims. In our experience, this happens in Alberta employment disputes. Our employment law team can respond to those challenges and work to keep your case on track.
• A long career deserves a careful severance review. Do not assume your employer’s offer reflects everything you may be owed.

A Lesson For Employers

Challenging a claim can come with extra costs. If the challenge fails, you may have to pay part of the employee’s legal fees as well as your own. That happened here after both the original challenge and the appeal failed.

Another Alberta client win: Shift supervisor awarded more than $163,000 after being fired without severance.

Worried About Severance After A Long Career?

If you have lost your job after years with the same employer, do not assume its offer reflects everything you are owed. Your severance could be as much as 24 months’ pay.

Our Alberta employment lawyers can review your offer, explain how much you may be owed and help you take the next step.

Our team has also secured severance wins for employees in Ontario and British Columbia.

Many severance disputes can be resolved without going to court. When an employer fights a claim, Richard’s case shows how our team can help an employee through that challenge.

Contact Samfiru Tumarkin LLP to find out what you may be owed and what to do next.