Two 2013 decisions of the Ontario Superior Court, Kotecha v.
Affinia and Filiatrault v. Tri-County Welding Supplies
Ltd. may indicate a trend towards higher notice
periods in light of an aging workforce and the abolishment of
mandatory retirement. These decisions considered terminations for
employees (in their 70s and 80s) who had in some cases over 40
years of service. While notice periods in those cases were 22
months and 18 months respectively, the Court suggested that much
higher notice periods could be possible, likely beyond what had
formerly been considered the "upper limit" of 24 months.
With an aging workforce across Canada, this is surely a development
to watch for all Canadian employers.
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