For years, the conventional belief was that 24 months was the upper limit for common law notice awards in Ontario. However, in a recent case, Dawe v Equitable Life Insurance Company, the Plaintiff, Mr. Dawe, was not only awarded with a massive 30-month notice period, but the Justice speaking for the court in this case indicated that, “[he] felt this case warranted a minimum 36 month notice period” due to the Plaintiff’s exceptional circumstances. Taking into consideration the Plaintiff’s advanced aged and years of service, this decision likely represents the exception – not the rule, when it comes to determining reasonable notice. However, this case further reiterates that terminating older employees can be a very challenging and costly process for employers.
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