Ontario Common-Law Reasonable Notice — Wrongful Dismissal Demand
Without-prejudice demand for common-law reasonable-notice damages beyond the ESA minimum. Cites Bardal v. Globe & Mail (1960), 24 DLR (2d) 140 (Ont HC); ESA 2000 s.5 (no contracting out); Honda v. Keays, 2008 SCC 39 (manner-of-dismissal damages); Matthews v. Ocean Nutrition, 2020 SCC 26 (bonus + options vesting through notice period); Waksdale v. Swegon, 2020 ONCA 391 (termination-clause invalidity); Wallace v. United Grain Growers, [1997] 3 SCR 701. Provincial — Ontario. Higher-margin executive-market letter; suitable for wrongful-dismissal claims with material value.
Statute of Limitations Warning
Legal deadlines apply to your claim. You lose your right to act if you wait too long. Send notice as soon as possible.
Why this letter works:
- Cites the exact law: Automatically applies the correct state and federal statutes to your situation.
- Sets a firm deadline: Legally compels a response within the required statutory timeframe.
- Creates a paper trail: Designed to serve as Exhibit A if you need to escalate to an agency or court.
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Why $39?
High-stakes letters cover claims where recovery is typically 6–18 months of severance, six-figure equity, or a federal tax lien — situations where $19 would be dramatic underpricing relative to the stakes. The $19 default still applies to the rest of the catalog. Same fix-or-refund guarantee on every tier.
Your Action Plan
This is the final formal demand before litigation.
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Your letter includes a firm deadline. Do not engage in informal text messages during this time.
If they miss the deadline, you have completed the required out-of-court steps. Hand this complete paper trail to a local attorney for litigation.
Employment Facts + Termination Details
Common-law reasonable notice is set by the Bardal factors. This step captures each factor so the demand reflects the proper notice range.
This letter will cite
Bardal v. Globe & Mail (1960), 24 DLR (2d) 140 (Ont HC) — the reasonable-notice test; Employment Standards Act, 2000, SO 2000 c.41 ss. 5 (no contracting out), 54-66 (statutory minimum termination + severance), 97 (election against tort); Wallace v. United Grain Growers, [1997] 3 SCR 701 + Honda v. Keays, 2008 SCC 39 (manner-of-dismissal damages); Matthews v. Ocean Nutrition Canada, 2020 SCC 26 (bonus, options, vesting through notice period); Waksdale v. Swegon North America, 2020 ONCA 391 (termination-clause invalidity)
Ontario superior-court action under the Bardal framework; provincial common-law jurisdiction. Most Ontario employment lawyers handle wrongful-dismissal claims on contingency.
Older workers receive longer notice — the Bardal factors expressly weigh age as a proxy for re-employment difficulty.
Waksdale v. Swegon, 2020 ONCA 391 holds that an unenforceable 'cause' clause invalidates an entire termination provision, restoring common-law notice. Review carefully.
Before you start
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Is this legal advice?
This is a self-help legal template, not legal advice. Use of this template does not create a solicitor-client relationship. Wrongful-dismissal claims with material value benefit materially from contingency-fee representation. For executive-level dismissals, constructive dismissal, or complex contract-clause disputes, retain Ontario employment counsel before sending this letter.
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Do I have to pay to know if I have a case?
No. The rights encyclopedia on this site is free and cites the same primary sources the letter does. Read the relevant guide first — plenty of situations are resolved by a phone call to a free statutory body, and where one exists we say so.