What Is “Reasonable Notice”? Understanding the Bardal Factors in Wrongful Dismissal

If you've ever been let go from a job in Canada, one of the first questions you may have is: How much notice (or severance) am I entitled to?

While Ontario’s Employment Standards Act sets out minimum termination entitlements, the common law (judge-made law) often provides for significantly more. The cornerstone case in this area is Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ONSC), a decision that still shapes wrongful dismissal law across Canada today.

The Case That Changed Employment Law

In Bardal, the Ontario High Court considered the case of a long-serving manager who was terminated with only one month’s notice after 17 years of service. The court found this notice period to be inadequate, and laid down a more nuanced approach for determining what’s “reasonable” when an employee is dismissed without cause.

Justice McRuer famously wrote:

"There can be no catalogue laid down as to what is reasonable notice in particular classes of cases. The reasonableness of the notice must be decided with reference to each particular case."

From that statement emerged what are now known as the Bardal factors.

What Are the Bardal Factors in the context of Reasonable Notice?

The court in Bardal identified four key factors that must be considered when determining reasonable notice:

1. Length of Service – How long the employee worked for the company.

2. Age of the Employee – Older employees may have a harder time finding new work.

3. Character of Employment – The nature of the position, including its seniority and specialization.

4. Availability of Similar Employment – The likelihood that the employee will find comparable work, given their skills and the job market.

No single factor is determinative. Courts look at the full picture.

Why It Matters

The difference between statutory minimums and common law notice can be substantial. For example:

• Under the Employment Standards Act, an employee with 2 years of service may be entitled to just 2 weeks' notice.

• But under common law (applying the Bardal factors), they may be entitled to 2–4 months or more, depending on the circumstances.

  
  

In many cases, employees are not told the full extent of their rights and may accept inadequate severance packages. That’s why understanding Bardal is so important—it empowers employees to ask the right questions and seek fair compensation.

Final Thoughts

Bardal v. Globe & Mail remains the foundation of reasonable notice law in Canada. Whether you're an employee facing termination or an employer preparing to dismiss staff, understanding the Bardal factors ensures you're grounded in one of the most important principles of Canadian employment law: fairness based on individual circumstances.

Need Help With a Termination?

If you’ve been let go and want to know whether your severance is fair, or if you suspect wrongful dismissal, book a free consultation now. Every case is different—and as Bardal teaches us, context is everything.