An Alberta court has dismissed a wrongful dismissal lawsuit brought by a longtime employee of Environmental 360 Solutions Ltd. (E360), ruling she failed to withdraw a resignation submitted nearly a year before her departure.
The worker had sought $100,000 in damages, including 15 months’ pay in lieu of notice, aggravated damages, and punitive damages. But the Alberta Court of Justice found she had voluntarily ended the employment relationship and never formally rescinded that decision.
Resignation letter set end date nearly 10 months in advance
The employee, B.C., had worked for E360 and its predecessor, Capital Paper, since June 2008. On Aug. 29, 2022, she submitted a written resignation to Capital Paper stating her employment would end on June 30, 2023. In December 2022, Capital Paper was acquired by E360.
B.C. argued that during a meeting with E360’s chief operating officer on Dec. 6, 2022, she had withdrawn her resignation and expressed interest in remaining with the company. She testified that she told the executive she was “going to stay” and would “stay on for five years.”
However, the court found her actions did not amount to a formal retraction.
Court finds verbal comments were conditional, not a clear withdrawal
The central issue was whether B.C. had effectively withdrawn her resignation before E360 accepted it. The court ruled she had not.
“She certainly was receptive to a future with E360, but required a new type of position and responsibility,” the court said. “She would retract her resignation, but conditional upon receiving a suitable offer from E360. Unfortunately, that offer did not arise and her resignation was never retracted.”
The court noted that B.C. never informed Capital Paper—the employer she was still employed by in December 2022—that she wanted to withdraw her resignation. The meeting she referred to took place before the acquisition closed, and the executive she met with was conducting due diligence on behalf of E360, not acting as her employer.
Emails submitted as evidence supported E360’s position. In a message dated Dec. 8, 2022, B.C. wrote that she was “willing to put in my time as mentioned and retract my resignation if I receive an offer with E360.” In January 2023, she reiterated that she would “be willing to recant my resignation… but with no direction or firmed up decision… this is making me feel a little lost.”
Employer formally accepted resignation in March 2023
On March 2, 2023, an E360 representative formally accepted the resignation in writing and confirmed that June 30, 2023, would be her final day. Due to accrued vacation, she was required to report to work only until June 2.
The court found B.C. never challenged this communication or asserted that her resignation had been rescinded.
“She continuously, directly and clearly maintained and communicated to E360 that she would only recant her resignation if she received a suitable offer,” the court said. “Ms. Corsini was willing to recant her resignation notice, but she never did.”
Court declines to assess damages
Because the court found that the resignation stood, it did not rule on the employee’s entitlement to notice or additional damages. It also said there was no need to determine whether Capital Paper had accepted the resignation, but added that the evidence supported that conclusion as well.
The civil claim was dismissed in full. If the parties cannot agree on costs, they have 30 days to make written submissions to the court.
For more information, see Corsini v Environmental 360 Solutions Ltd, 2025 ABCJ 132 (CanLII).
