In Reeve v 2265480 Ontario Ltd cob Hidden Valley Resort, ( 2016 ONSC 5273) Justice Glass of the Divisional Court overturned a Small Claims Court judge who actually said in his judgement that in determining the notice period he was ” arbitrarily ” choosing one month.
Justice Glass determined that Plaintiff, who was employed as a Manager for only 3 months, was entitled to receive 4 months notice, in part because he had a managerial job, he had moved his family from Toronto to Huntsville, was not on probation, was not given any guidance as to his alleged performance problems and it took 9 months for him to find a new job.
It is interesting to think what would have happened if the Small Claims Court judge had not used the word ” arbitrary” and instead had said ” Considering the relevant Bardal factors, I find that reasonable notice is one month”.