The court called it an intentional misrepresentation, not an error in judgment
An Alberta court has ruled that an employer had just cause to fire a vice-president who listed an "ongoing" MBA on his resume when he had never enrolled in, taken a single course, or even applied to the program. In a decision dated March 26, 2026, Justice K.D. Yamauchi of the Court of King's Bench of Alberta found that Matthew Tudor "knowingly falsified his employment application with the express intention of deceiving his soon to be employer," Accurate Screen Ltd.
In March 2023, Accurate Screen, a Calgary-based fabrication and grating company, posted a job for Vice President of Business Development. The posting required an undergraduate degree in business administration, or a related field, and noted applicants would "ideally" possess an MBA. It also described a "Democratic work environment, which emphasizes trust, open communication and involvement."
Tudor applied with a resume listing an MBA from McGill University as "Currently Ongoing" with an expected completion of November 2023. At the time, he was not enrolled in any MBA courses, had not taken any, and had not applied. His only step toward the degree was creating an online account with McGill. He also lacked the minimum required undergraduate degree in business administration, holding instead a certificate from the Southern Alberta Institute of Technology.
Based on his experience and the education he represented, Accurate Screen offered Tudor the role. He started May 29, 2023, reported to company president David Hilsenteger, and joined the executive leadership team.
A forecasting project that forecast trouble
In or around late September or early October 2023, Tudor was assigned a price forecasting project requiring statistical and quantitative analysis. His December 2023 submissions revealed "a lack of understanding of statistical analysis and the use of Excel." Other employees ultimately had to complete the project.
Hilsenteger grew "confused how someone who had purported to possess an MBA did not have the skills and abilities Accurate expected and required." When questioned about his MBA courses on December 27, 2023, Tudor "was evasive." On January 2, 2024, he told Hilsenteger the MBA had been "put on the back burner," and that he had taken "a couple of courses, a couple of years ago." He had never started the program, and later admitted under cross-examination that he had not taken any MBA courses.
On January 10, 2024, after roughly seven months of employment, Tudor was terminated for cause.
No duty to play detective
The court rejected Tudor's argument that his resume misrepresentation was merely an "error in judgment." Justice Yamauchi wrote: "Embellishing one's academic qualifications is not a mere error in judgment. It goes to the very heart of one's moral compass and ultimately their abilities."
Tudor also argued Accurate Screen should have verified his credentials during the hiring process. The court disagreed, noting Hilsenteger viewed such inquiries as "demeaning, especially when a person is applying for an executive position which, of its nature bespeaks of trust and confidence." Justice Yamauchi held: "It is Mr. Tudor's duty to provide accurate information in the first instance."
The misrepresentation was found to be "sufficiently serious that it strikes at the heart of the employment relationship." Tudor's wrongful dismissal claim was dismissed, and Accurate Screen was awarded its costs. However, the court ruled Tudor was entitled to a pro rata share of the executive bonus for the period he was employed, less a $30,000 prepayment he had already received, as other executives received bonuses for the same fiscal year.
