With the demise of mandatory retirement many people are now
working past age 65. What impact does age have on the assessment of
the reasonable notice period? A recent decision of the Ontario
Court of Appeal confirmed that "exceptional
circumstances" must exist before more than 24 months is
awarded, and that neither age nor a planned retirement date
constitute exceptional circumstances.
In Dawe v. The Equitable Life Insurance Company of
Canada, 2019 ONCA 512, the Ontario Court of Appeal overturned an
award of 30 months notice to a 62 year old senior vice president
with 37 years of service. The motion judge was of the opinion that
the case warranted a minimum 36 month notice period based on the
Bardal v Globe and Mail Ltd. factors, but awarded 30
months to ensure the plaintiff was fully compensated to just beyond
his 65th birthday. The plaintiff had said he intended to work for
the employer until at least age 65.
