What is the appropriate period of notice for a plaintiff in her claim for wrongful dismissal?

Ontario, Canada


The following excerpt is from Umansky v. Zynpak Packaging Products Inc., 2003 CanLII 31353 (ON SC):

Counsel for the plaintiff, based on the circumstances above briefly outlined, submits that, if the plaintiff succeeds, as he argues she should, the principles enunciated in Wallace v. United Grain Growers, 1997 CanLII 332 (SCC), [1997] 3 S.C.R. 701 should be invoked to enhance any period of compensation in lieu of notice, that the court finds appropriate. Counsel contends that the defendant did nothing to soften the blow of the plaintiff’s job termination, for example, explicitly to acknowledge her past loyalty and integrity, or to provide her with any counselling. It is further contended, on the plaintiff’s behalf, that the injurious allegations against the plaintiff contained in the statement of defence and counterclaim bespeak the true callous intent of the defendant.

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