What is the argument that age is a determinative factor in support of a shorter period of notice for a 36 year old controller?

Ontario, Canada


The following excerpt is from Lamontagne v. J.L. Richards & Associates Limited, 2021 ONSC 2133 (CanLII):

The respondent argues that the applicant’s age is a determinative factor in support of a shorter period of notice. They argue that for a longer period of notice, the employee must have been significantly older, and they give the example of Fulmer v. Nordstrong Equipment Limited, 2017 ONSC 5529, where the employee was a 59 year old controller who received ten months of notice after about 6.5 years of service. They also argue the importance of the character of the employment and state that the employee would have had to have occupied significantly more senior roles to warrant 10 to 12 months of notice for a 36 years old controller.

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