In Patel v Crimp Circuit ( not on CanLii) Ontario Small Claims Court Judge BOCCI initially awarded 14 months notice to a 54 year old Quality Assurance Inspector with 14 years service making $32,000/year.
However the notice period was drastically reduced to only 5 months because of the following;
1. Although the last time the Plaintiff had worked in the health care industry was 15 years ago in India, he only applied to these types of jobs.
2. The company that purchased his former employer offered him the same job a few months later but he never even contacted them.
3. Defence counsel gave the plaintiff 6 job openings in the same industry as the defendant, but the Plaintiff did not pursue any of them. In fact he never sought any job in the only field in which he had Canadian experience.
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