A Place for Mediation Inc.

Before you litigate, always mediate.

Reasonable Notice

In the case Bardal v. Globe & Mail Ltd., [1960], O.J. No. 149 (Ont. H.C.J.) it states, “there can be no catalogue laid down as to what is reasonable notice in particular classes of cases. The reasonableness of the notice must be decided with reference to each particular case, having regard to the character of the employment, the length of service of the servant, the age of the servant and availability of similar employment, having regard to the experience, training and qualifications of the servant.”

In the case of Margo and Sobeys Inc. it is argued whether or not 16 months notice was reasonable for a 56 year old, which Sobey’s had employed for 23 years as a Maintenance Clerk. In this case they use the below case law to argue it was reasonable notice.

In the case of Rubin v. Home Depot Canada Inc., 2012 ONSC 3053 (CanLII), the court held that 12 months was reasonable notice for a 63 year old employee with approximately 20 years of service working as a Competitive Shopper.