In Drepaul v Mikla Foods Canada ( 2019 ONSC 2387 Chalmers J. awarded a 65 year old Processing Improvements Coordinator making $80,000 / year with only 3,3 years service an astonishing high notice period of 11 months.
The Judge made special note of the fact that the Plaintiff had sent out over 230 job applications and still could land a job.
This case reemphasizes the fact that the best way for plaintiff’s to get a longer notice period is to mount and document an over the top job search. I am constantly amazed by how many times at mediation the Plaintiff arrives with little or no evidence of their job efforts and still expect to get a high end settlement. This gives an opening for the defendant to argue that the job search was inadequate and thus the notice period should be at the lower end of the scale.