Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130

JurisdictionOntario
JudgeHonourable Mr. Justice D.J. Gordon
Docket NumberC-410/17
CourtSuperior Court of Justice of Ontario (Canada)
Date23 May 2018
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14 practice notes
  • Employment Law: 2019 Year In Review
    • Canada
    • Mondaq Canada
    • December 18, 2019
    ...General cap of 24 months' reasonable notice remains In May 2018, the trial decision of Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130 raised eyebrows throughout the employment law community. In that decision, Justice Gordon awarded an employee a common law reasonable notice period......
  • A Whirlwind Review: Ontario Court Of Appeal Employment Cases 2018 - 2019
    • Canada
    • Mondaq Canada
    • December 5, 2019
    ...18 Paragraph 6, citing the classic test in Titus v. William F. Cooke Enterprises Inc., 2007 OJ No. 3148 (CA). 19 Paragraph 8. 20 2018 ONSC 3130 at para. 21 Justice Gordon suggested he would have extended the notice period to 36 months, but for the fact that the plaintiff had not claimed eno......
  • 15 Key Developments in Canadian Labour & Employment Law in 2019
    • Canada
    • JD Supra Canada
    • January 9, 2020
    ...period for an older, long-term, senior manager who was unable to secure comparable employment (Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130). The motion judge awarded 30 months’ notice and stated that, if asked, he would have awarded 36 months. The Ontario Court of Appeal held t......
  • 24-Month Upper Limit Reasonable Notice Period Reinstated
    • Canada
    • Slaw Canada’s Online Legal Magazine
    • July 4, 2019
    ...case of Dawe v. Equitable Life Insurance Company 2018 ONSC 3130, which extended the 24-month upper limit on the reasonable notice period for an older, long-term, senior manager who was unable to secure comparable employment to 30 months; and were the motion judge stated that, if asked, he w......
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2 cases
  • Saikaly v. Akman Construction Ltd., 2019 ONSC 799
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 31, 2019
    ...terminated from senior level positions to be entitled to 24 months’ notice.  (See: Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130; and Bovin et al v. Over the Rainbow Packaging Services Inc., 2017 ONSC [29]        As the Office Manage......
  • Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 744
    • Canada
    • Court of Appeal (Ontario)
    • September 20, 2019
    ...On appeal from the judgment of Justice Donald J. Gordon of the Superior Court of Justice dated May 23, 2018, with reasons reported at 2018 ONSC 3130.   Costs [1]          This court allowed the appeal of Equitable Life in part, reducing the ......
11 firm's commentaries
  • Employment Law: 2019 Year In Review
    • Canada
    • Mondaq Canada
    • December 18, 2019
    ...General cap of 24 months' reasonable notice remains In May 2018, the trial decision of Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130 raised eyebrows throughout the employment law community. In that decision, Justice Gordon awarded an employee a common law reasonable notice period......
  • A Whirlwind Review: Ontario Court Of Appeal Employment Cases 2018 - 2019
    • Canada
    • Mondaq Canada
    • December 5, 2019
    ...18 Paragraph 6, citing the classic test in Titus v. William F. Cooke Enterprises Inc., 2007 OJ No. 3148 (CA). 19 Paragraph 8. 20 2018 ONSC 3130 at para. 21 Justice Gordon suggested he would have extended the notice period to 36 months, but for the fact that the plaintiff had not claimed eno......
  • 15 Key Developments in Canadian Labour & Employment Law in 2019
    • Canada
    • JD Supra Canada
    • January 9, 2020
    ...period for an older, long-term, senior manager who was unable to secure comparable employment (Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130). The motion judge awarded 30 months’ notice and stated that, if asked, he would have awarded 36 months. The Ontario Court of Appeal held t......
  • Decisions Involving Termination of Long-Term Employees in Canada Should Concern Employers
    • Canada
    • JD Supra Canada
    • January 28, 2019
    ...considering terminating long-term employees in Canada should be aware of two relatively recent decisions. In one case, Dawe, 2018 ONSC 3130, the terminated employee, age 62, was a highly paid Senior Vice President employed for 37 years when terminated. In the second case, Bailey, 2018 BCSC ......
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