A Doctor’s Note is Not a “Trump Card”: Kadler v West Fraser Mills Ltd., 2026 ABCJ 28

Dan Wilband

A doctor’s note is not a trump card.

That’s the lesson from a recent Alberta court decision.

An employee walked off the job after learning he’d be working the Christmas shutdown. He was angry, used profane language toward his supervisor, and declared he was “going on stress leave.”

He got a doctor’s note. Then another one.

But he remained largely uncommunicative with the employer, refused to attend a meeting, provided little to the insurer tasked with assessing his disability claim. That insurer ultimately closed his file twice for insufficient information.

The employer terminated him for cause. The court upheld it.

Justice Shynkar put it plainly: if calling in sick were a card game, “the doctor’s note would be regarded as the trump card.” The court disagreed that it was.

The real question wasn’t whether the employee was actually unfit for work. It was whether he met his obligation to explain his absence clearly, promptly, and on an ongoing basis. The court found he did not.

This decision is important for employers and employees alike, on a few points:

Context matters. When an employee’s absence follows an angry outburst about scheduling and a declaration that they’ll “go on stress leave,” the employer’s skepticism is reasonable. In that context, the employee’s burden to explain themselves rises, not falls.

Doctor’s notes carry weight, but not unlimited weight. A bare note saying “off work for a month” tells an employer very little, especially when the circumstances suggest the absence may be motivated by frustration or anger rather than genuine incapacity.

The obligations here run both ways. The employer must give the employee a fair opportunity to explain. The employee must actually use it.

The employer here wasn’t obligated to wait indefinitely on the off-chance the employee might appeal the insurer’s decision, particularly when the employee had never said he intended to do so.

The takeaway for employers: document everything, communicate clearly, and give the employee a genuine opportunity to justify their absence. You don’t have to accept every note at face value, but you do have to act in good faith.

The takeaway for employees: a doctor’s note opens a door. Staying silent, staying hostile, and refusing to engage any further can close it.

Kadler v West Fraser Mills Ltd., 2026 ABCJ 28