Ontario Superior Court Indicates that Notice Awards are on the Rise

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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