# How Does a Wrongful Dismissal Claim Work in Alberta, and How Long Does It Take?

> In Alberta, a dismissed employee has 2 years from discovering the dismissal to sue. Claims up to $100,000 can go to Provincial Court; larger claims go to the Court of King's Bench. Damages equal lost salary and benefits during the reasonable notice period (capped informally at 24 months), reduced by any mitigation income. No primary source confirms a typical end-to-end timeline to resolution.

Published 2026-08-05 · Last reviewed 2026-07-30 · [Canonical page](https://canadalegalcenter.ca/articles/how-does-a-wrongful-dismissal-claim-work-in-alberta-and-how-long-does-it-take/)

Legal information, not legal advice.

## The steps in an Alberta wrongful dismissal claim

A wrongful dismissal claim is a civil lawsuit by a dismissed employee arguing they were not given enough notice, or pay in lieu of notice, before their job ended. In Alberta, the process generally moves through these steps:

1. **Check the limitation period.** A claim must generally be started within 2 years of the date the employee knew, or ought to have known, of the dismissal and that it was attributable to the employer (Limitations Act, RSA 2000, c L-12, s 3(1)(a)).
2. **Identify the right court.** The claim's dollar value determines whether it belongs in Provincial Court or the Court of King's Bench.
3. **File and serve the claim.** Court fees and service deadlines differ by court and are fixed procedural steps regardless of how quickly the case ultimately resolves.
4. **Establish the reasonable notice period owed.** Alberta courts apply the Bardal factors to work out how much notice, or pay instead of notice, the employee should have received.
5. **Account for mitigation.** Any income earned by the employee from new work during the notice period reduces the damages owed.
6. **Resolve the claim.** The claim ends by settlement or, if unresolved, by a court decision on damages.

### Step 1: Check the limitation period

Alberta's Limitations Act requires a claimant to seek a remedy within 2 years after the date they first knew, or in the circumstances ought to have known, that the injury occurred and that it was attributable to the defendant's conduct (Limitations Act, RSA 2000, c L-12, s 3(1)(a)). For a dismissed employee, that clock generally starts running from the dismissal itself. Missing this deadline is one of the few things that can end a claim outright before it is heard on the merits.

### Step 2: Identify the right court

<div class="table-scroll">

| Court | Monetary jurisdiction | Notes |
|---|---|---|
| Provincial Court (Civil Claims) | Up to $100,000 | Set by the Court of Justice Civil Procedure Regulation, Alta Reg 176/2018, s 2 |
| Court of King's Bench | Above $100,000 (also available for smaller claims) | Filing a Statement of Claim costs $300 |

</div>

Most individual wrongful dismissal claims, particularly where notice periods are shorter, fall within the Provincial Court's $100,000 threshold. Larger claims, often involving longer-tenured or more highly paid employees where the notice period could approach the 24-month informal ceiling, are more likely to require the Court of King's Bench.

### Step 3: File and serve the claim

Once a civil claim is filed in Provincial Court, the Court of Justice Civil Procedure Regulation requires it to be served on the defendant within one year of filing, with a possible extension of up to 3 months if an application for extension is made before the one-year limit expires (Alta Reg 176/2018, s 4(1)-(2)). In the Court of King's Bench, filing a Statement of Claim currently costs $300 (Court Fees and Waivers in Alberta, Legal Resource Centre of Alberta / CPLEA). These are fixed procedural deadlines and fees; they do not by themselves tell you how long the whole case will take to resolve.

### Step 4: Establish the reasonable notice period owed

Alberta courts apply the Bardal factors, a common-law test from Bardal v Globe & Mail (The), 1960 CanLII 294 (ON SC), to work out what notice period is reasonable in the circumstances (Plotnikoff v Associated Engineering Alberta Ltd, 2024 ABKB 706). Damages for wrongful dismissal are measured as the salary and benefits the employee would have earned during that notice period (O'Driscoll v Suncor Energy Inc, 2026 ABKB 43, para 16, citing Carroll v Atco Electric Ltd, 2018 ABCA 146, para 17). Alberta courts recognize 24 months as an informal upper limit on these awards (Carroll v Atco Electric Ltd, 2018 ABCA 146, para 40, as applied in Rodrigues v Fort McKay Strategic Services LP, 2025 ABKB 414).

A written termination notice or letter issued under the Employment Standards Code can become important evidence if the matter proceeds to a wrongful dismissal claim (Government of Alberta, Employment standards, Termination and lay-off). Keeping a copy of that document, along with pay records, is a practical first step regardless of which court eventually hears the claim.

### Step 5: Account for mitigation

A dismissed employee bringing a wrongful dismissal action in Alberta has an ongoing duty to mitigate damages by seeking comparable alternate employment (Nickles v 628810 Alberta Ltd, 2025 ABKB 212, para 20). Any income earned during the notice period from new work is generally deducted from the damages the court would otherwise award.

### How long the whole process takes

The procedural sub-timelines above are fixed: the 2-year limitation period to start a claim, and the up-to-one-year (plus a possible 3-month extension) window to serve a claim once filed in Provincial Court. Beyond those fixed points, no primary Alberta source located for this article confirms a typical or average length of time from filing to trial or final resolution. Anyone assessing how long their specific claim might take should treat that gap as unverified and seek guidance on their particular case rather than assume a general figure.

## What drives how a claim proceeds

The dollar value of the claim decides the court, which in turn shapes the procedural steps and deadlines that apply. The length of the employee's service, their age, the nature of the position, and the availability of similar employment feed into the Bardal analysis that determines the notice period, and by extension the size of the damages claim itself. Whether the employee secures new work, and how quickly, affects the final damages calculation through the mitigation duty.

## Frequently asked questions

**How long do I have to sue for wrongful dismissal in Alberta?**

In Alberta, the Limitations Act gives a dismissed employee 2 years from the date they knew, or ought to have known, that they had a claim and who it was against. Missing this window generally bars the claim.

**Which court hears an Alberta wrongful dismissal claim?**

In Alberta, claims up to $100,000 fall within the Provincial Court (Civil Claims) monetary jurisdiction, while larger claims proceed in the Court of King's Bench. The right venue depends on the dollar value of the claim being pursued.

**Is there a cap on how much notice an Alberta court will award?**

Alberta courts recognize 24 months as the informal upper limit on common-law reasonable notice, per Carroll v Atco Electric Ltd, 2018 ABCA 146. Most awards fall well below that ceiling, based on the Bardal factors applied to the individual case.

**Do I have to look for another job while my claim is ongoing?**

Yes. In Alberta, a dismissed employee has an ongoing duty to mitigate damages by seeking comparable alternate employment. Income earned through mitigation is factored into the final damages calculation.


## Sources

1. [Plotnikoff v Associated Engineering Alberta Ltd](https://www.canlii.org/en/ab/abkb/doc/2024/2024abkb706/2024abkb706.html), 2024 ABKB 706, applying Bardal v Globe & Mail (The), 1960 CanLII 294 (ON SC) (retrieved 2026-07-17)
2. [Rodrigues v Fort McKay Strategic Services LP](https://www.canlii.org/en/ab/abkb/doc/2025/2025abkb414/2025abkb414.html), 2025 ABKB 414, para 40, citing Carroll v Atco Electric Ltd, 2018 ABCA 146 (retrieved 2026-07-17)
3. [O'Driscoll v Suncor Energy Inc](https://www.canlii.org/en/ab/abkb/doc/2026/2026abkb43/2026abkb43.html), 2026 ABKB 43, para 16, citing Carroll v Atco Electric Ltd, 2018 ABCA 146, para 17 (retrieved 2026-07-17)
4. [Nickles v 628810 Alberta Ltd](https://www.canlii.org/en/ab/abkb/doc/2025/2025abkb212/2025abkb212.html), 2025 ABKB 212, para 20 (retrieved 2026-07-17)
5. [Limitations Act](https://www.canlii.org/en/ab/laws/stat/rsa-2000-c-l-12/), RSA 2000, c L-12, s 3(1)(a) (retrieved 2026-07-17)
6. [Court of Justice Civil Procedure Regulation](https://www.canlii.org/en/ab/laws/regu/alta-reg-176-2018/latest/alta-reg-176-2018.html), Alta Reg 176/2018, ss 2, 4(1)-(2) (retrieved 2026-07-17)
7. [Court Fees and Waivers in Alberta](https://www.cplea.ca/wp-content/uploads/GENL_CourtFeesWaivers.pdf), Legal Resource Centre of Alberta / CPLEA, public legal education guide (retrieved 2026-07-17)
8. [Employment standards – Termination and lay-off](https://www.alberta.ca/employment-standards-termination-and-lay-off), Government of Alberta, guidance on Employment Standards Code, RSA 2000, c E-9 (retrieved 2026-07-17)