In Maasland v City of Toronto ( 2015 CarswellOnt 19525) Mew J. awarded 26 months notice in a constructive dismissal case involving a 57 year old Senior Engineer with 25 years service earning $142,000 / year. He also found that she did not fail to mitigate her damages by not applying for a job offer with York Region as this would have involved a commute of 50 km.
There was no mention of any special circumstances that pushed this notice period above what was previously considered to a the “cap’ of 24 months.
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