Court orders former AHS CEO Mentzelopoulos to return confidential records in wrongful dismissal case
Justice Michael Lema ruled the former health authority chief cannot keep documents she retained as a would-be whistleblower, requiring her to return, destroy and delete records by October 9.
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Court of King's Bench Justice Michael Lema ruled Thursday that former Alberta Health Services CEO Athana Mentzelopoulos must return all confidential and privileged records she retained after her termination, rejecting her argument that she was acting as a whistleblower.
Mentzelopoulos filed a $1.7-million wrongful dismissal lawsuit in February 2025 against Alberta Health Services and the provincial government, claiming she was terminated to suppress her inquiries into conflicts of interest and questionable terms in AHS contracts for privately-run surgical facilities. The government and AHS have denied the allegations, claiming Mentzelopoulos was dismissed for not fulfilling her CEO duties.
After several months of court arguments over document ownership, Lema found that disputed records are confidential and privileged and that Mentzelopoulos's employment agreement required her to return them upon termination. "When it comes to what that all means in terms of whether Ms. Mentzelopoulos can have, keep, use those documents, the bottom-line conclusion is she cannot," Lema said.
Her lawyers had argued much information under scrutiny was already aired in a third-party review commissioned by the provincial government and conducted by retired judge Raymond Wyant. Lema acknowledged this but ruled the proper legal procedure was to request records through standard court process.
The order requires Mentzelopoulos to destroy hard copies and delete electronic copies of any original AHS or government-privileged or confidential records in her possession or control, and to not disclose or otherwise use the records unless the court permits. One of her lawyers must file an affidavit by October 9 detailing who looked at the privileged records and what measures were taken to limit access. The court also awarded costs to AHS and the government.
The facts
Who is the former AHS CEO at the center of this case?
Athana Mentzelopoulos, who filed a $1.7-million wrongful dismissal lawsuit in February 2025 against Alberta Health Services and the provincial government.
What must Mentzelopoulos do with the confidential records by October 9, 2026?
She must destroy hard copies and delete electronic copies of any original AHS or government-privileged or confidential records in her possession, and her lawyer must file an affidavit by that date detailing who accessed the records and what measures were taken to limit access.
Why did Mentzelopoulos claim she was entitled to keep the documents?
Her lawyers argued she was acting as a whistleblower and that much of the information under scrutiny had already been aired in a third-party review conducted by retired judge Raymond Wyant.
What reasons did the government and AHS give for Mentzelopoulos's dismissal?
They claimed she was dismissed for not fulfilling her CEO duties, denying her allegations that she was terminated to suppress her inquiries into conflicts of interest and questionable contract terms for privately-run surgical facilities.
