Practical Analysis

Severance When You Are Fired Near Retirement in Canada

Age and difficulty finding comparable work can lengthen common law notice, but planned retirement is not a separate head of wrongful dismissal damages.

Being fired shortly before retirement does not create a special Canadian severance formula. Age and difficulty finding comparable work can affect common law reasonable notice, but courts do not simply award the income an employee expected to earn until a planned retirement date. This Binder University article looks at that distinction through Dawe v. Equitable Life and Currie v.

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