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Our Toronto wrongful dismissal lawyers at 55 University Avenue review termination packages, calculate your true common law entitlement under the Bardal factors, advise on mitigation and the risks of signing, and, when necessary, pursue your claim through the Ontario courts. Do not sign anything until you have spoken with us.
Book a Free Consultation →55 University Avenue, Toronto | Wrongful Dismissal | Common Law Notice | Termination Package Review | Free Consultations
Wrongful dismissal in Ontario does not mean your employer acted maliciously or even unfairly. It means your employer failed to provide you with the notice or pay in lieu of notice to which you were legally entitled when they terminated your employment. In Ontario, that entitlement comes from two sources. The Employment Standards Act (ESA) and the common law, and the common law entitlement is almost always significantly higher.
The ESA sets minimum termination notice based on years of service, a maximum of 8 weeks for employees with more than 8 years of service, and up to 26 weeks in severance pay for qualifying employees. These minimums are often what employers offer. They are not what employees are entitled to under the common law.
Common law reasonable notice is calculated using the Bardal factors. The nature of the employee's position, their age, their length of service with the employer, and the availability of similar employment given their background and qualifications. For a mid-career professional with significant tenure, common law notice can reach 18 to 24 months. For a long-service executive, even higher in exceptional cases.
Our Toronto wrongful dismissal lawyers have reviewed hundreds of termination packages. The offer on the table at termination is almost never the correct common law entitlement. We calculate what you are actually owed, advise on mitigation, explain the risks of signing a release, and, when employers refuse to pay, pursue your claim in court.
We appear in Ontario employment courts regularly. Here are the courts relevant to your matter.
Wrongful dismissal claims for amounts above the Small Claims Court limit are filed in Ontario Superior Court. Most significant wrongful dismissal claims, particularly for professional and executive employees, proceed here. Motions for summary judgment and wrongful dismissal trials are heard at this location.
Wrongful dismissal claims up to $35,000 can be brought in Small Claims Court, a faster and less expensive option for shorter-service employees whose damages fall within the monetary limit.
We represent Toronto employees who have been terminated, from termination package review on the day of dismissal through to trial and appeal.
If you have received a termination package, do not sign the release until a lawyer has reviewed it. Releases are permanent, once signed, you cannot come back for more. Our Toronto employment lawyers review your package, calculate your true common law entitlement, identify deficiencies, and advise on whether to accept, negotiate, or litigate. Most Toronto employees who have their packages reviewed by a lawyer receive more than what was initially offered.
When an employer refuses to pay fair common law notice, we bring a wrongful dismissal claim in Ontario Superior Court or Small Claims Court depending on the quantum. Most wrongful dismissal claims in Toronto are resolved before trial, either through negotiation or at a mediation. We prepare every file as if it will go to trial, which is the best way to achieve good settlements.
Dismissed employees in Ontario have a duty to mitigate, to make reasonable efforts to find comparable employment. A failure to mitigate can reduce the damages a court will award. But "reasonable efforts" does not mean accepting a lower-paying job or a role well below your level. We advise Toronto clients on their mitigation obligations, what employers will argue about mitigation, and how to document your job search to protect your claim.
Our Toronto employment lawyers offer free initial consultations for dismissed employees. Do not sign anything before speaking with us.
55 University Ave, Suite 1100
Toronto, ON M5J 2H7
90 Matheson Blvd W, Suite 101, Mississauga, ON L5R 3R3
4750 Yonge St, Suite 600, North York, ON M2N 0J6
277 Lakeshore Rd E, Suite 408, Oakville, ON L6J 1H9
Monday – Friday: 9:00 AM – 6:00 PM
Evenings & weekends by appointment
Every case is unique. These anonymized examples illustrate the types of results our team has achieved. Past outcomes do not guarantee future results.
A long-tenured senior manager was terminated without cause with an offer of just 8 weeks' pay. Our analysis of the Bardal factors — age (54), tenure (18 years), character of employment, and re-employment prospects — supported a 22-24 month reasonable notice period. Through aggressive pre-litigation negotiation, we secured 22 months' compensation plus benefits continuation.
Our client endured systematic role reduction, reporting structure changes, and a hostile work environment. We established constructive dismissal under the framework in Potter v. New Brunswick, proving fundamental breach of the employment contract. The court awarded full reasonable notice plus moral and punitive damages.
Our Toronto employment lawyers offer free initial consultations for dismissed employees. Do not sign anything before speaking with us.
55 University Ave, Suite 1100
Toronto, ON M5J 2H7
90 Matheson Blvd W, Suite 101, Mississauga, ON L5R 3R3
4750 Yonge St, Suite 600, North York, ON M2N 0J6
277 Lakeshore Rd E, Suite 408, Oakville, ON L6J 1H9
Monday – Friday: 9:00 AM – 6:00 PM
Evenings & weekends by appointment