With the abolition of a mandatory retirement age in Ontario, many practitioners have queried whether this would result in notice periods being lengthened in wrongful dismissal situations involving employees over the traditional retirement age of 65.

In the recent decision of the Ontario Court of Appeal in Kotecha v. Affinia Canada Limited, the general rule of thumb, that damages for wrongful dismissal should not exceed 24 months, except in exceptional circumstances, was reaffirmed.

The decision is a welcome one for employers, as it brings some certainty to the maximum award which will be granted for damages for wrongful dismissal in most cases.

Contact Us

2 St Clair Ave West
Suite 700
Toronto, ON M4V 1L5

Phone: (416) 863-0125

Fax: (416) 863-3997

Questions? Send us an email.

    Sending an e-mail to us will not make us your lawyers. You will not be considered a client of Mills & Mills LLP until we have agreed to act for you in accordance with our usual policies for accepting clients. No information we provide to you can be treated by you as legal advice, unless and until we have agreed to act for you. Confidential or time-sensitive information should not be sent through this form.