In Skowron v. ABC Technologies Inc., 2021 ONSC 3734 Justice Myers awarded 24 months to an 61 year old Technical Manager making $146K with 26 years total service ( with a 11 months break in service 17 years prior).
This how the Judge dealt with the issue of the break in service :
[28] I accept that there was a legal break in Mr. Skowron’s employment with the defendant. I do not think that finding that the plaintiff has been an employee of the defendant for just 17 years fairly encapsulates the length of employment from the perspective of a sixty year old man who is now unemployed and is looking for a new job however. I do not think it matters if I find the length of service to be specifically 22, 24, or 26 years. The Bardal process is not mathematically precise. Nor is it intended to be so.
Winning Plaintiff counsel was my son Matthew Fisher of Lecker & Associates. Again .
This how the Judge dealt with the issue of the break in service :
[28] I accept that there was a legal break in Mr. Skowron’s employment with the defendant. I do not think that finding that the plaintiff has been an employee of the defendant for just 17 years fairly encapsulates the length of employment from the perspective of a sixty year old man who is now unemployed and is looking for a new job however. I do not think it matters if I find the length of service to be specifically 22, 24, or 26 years. The Bardal process is not mathematically precise. Nor is it intended to be so.
Winning Plaintiff counsel was my son Matthew Fisher of Lecker & Associates. Again .
If you want a copy of this case email me at barry@barryfisher.ca