Legal Context (Ontario):

The Bardal analysis comes from the 1960 case Bardal v. The Globe & Mail Ltd. and remains the foundation for determining common-law reasonable notice in Ontario. The analysis considers:

• Age: Older employees typically require longer notice periods due to greater difficulty in finding new employment.
• Length of Service: Longer service generally warrants longer notice periods.
• Character of Employment: Senior positions and specialized roles typically receive longer notice.
• Availability of Similar Work: Difficult job markets warrant longer notice periods.

Ontario Common-Law Notice: Ontario courts frequently award notice periods well beyond ESA minimums. Notice periods can range from a few months to 24+ months for long-service senior employees. Each case is unique and depends on specific circumstances and recent case law.

Important: This calculation is a simplified educational estimate only. Actual reasonable notice determinations consider many additional factors including:

• Recent comparable case law in Ontario
• Economic conditions and industry-specific factors
• Employee's specific skills and qualifications
• Manner of termination and inducement to join
• Contractual terms (if an employment contract exists)

ESA Minimum: Remember that the ESA statutory minimum notice (1 week per year, up to 8 weeks) must always be met, regardless of common-law calculations.