The Ontario Court of Appeal in Dawe v. The Equitable Life Insurance Company of
Canada, 2019 ONCA 512
(“Dawe”) confirmed that 24 months
constitutes “the high end of the appropriate range of
reasonable notice” for employee dismissal, and only
“exceptional circumstances” will support a notice
period in excess of 24 months.
At the time of his dismissal, the plaintiff, Mr. Dawe, was 62
years old, employed as a Senior Vice President and had 37 years of
service. The Court of Appeal specifically noted that while
Mr. Dawe’s senior position, age and long term career with the
employer warranted a substantial notice period, they did not
constitute “exceptional circumstances” to go beyond 24
months. In awarding 30 months, the lower court relied, in
part, on the fact that Mr. Dawe intended to continue working for
his employer until retirement. The Court of Appeal rejected
this argument and confirmed an earlier Ontario decision that held
that an employer does not guarantee
