A recent decision adds to the growing line of “exceptional circumstances” cases where courts exceed the soft 24-month cap on reasonable notice. In Panchbhaya v. Vulsay Industries Ltd., Justice Koehnen awarded 26 months to a 65-year-old Lab Manager with 40 years’ service.
Why the court went past 24 months
The judge identified factors that made this an exceptional case:
This was the only job the worker had ever held in Canada.
He had no practical experience outside this role.
He worked in a specialized industry and position.
At 65, he was nearing the end of his career.
Age and seniority, on their own, can operate as exceptional circumstances that justify exceeding 24 months.
Mitigation attacks rejected
Despite the worker applying to over 100 jobs, the employer attacked his mitigation. The court was not persuaded, noting:
The employer provided no letter of reference and no outplacement support.
It paid only ESA minimums at termination.
While giving advance notice the plant was closing, it also offered retention bonuses to those who stayed and suggested other jobs might be available.
Crucially, the employer could not point to a single job the worker should have applied for but didn’t.
Takeaways for workers
Longevity and age matter. Long service and being late-career can, together—or even alone—support exceptional circumstances.
Mitigation is a two-way street. Keep records of applications and interviews. Where the employer withholds references or support, courts may be slow to criticize your search.
Don’t assume 24 months is a hard ceiling. On the right facts, courts will go higher.
Bottom line
Panchbhaya is a timely reminder that context drives notice. Where the evidence shows late-career status, unique specialization, and a lifetime at one employer - combined with a robust but unsuccessful job search Ontario - courts remain prepared to exceed 24 months.
General information only, not legal advice.