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Litigation

Do senior executives get longer notice periods than junior employees in Ontario wrongful dismissal cases?

TSL Written by the Treadstone Law team· Updated August 2026

Generally, yes. Seniority and the character of the position are among the recognized factors Ontario courts weigh in calculating common law reasonable notice, and senior executives typically receive longer notice periods than junior employees with comparable length of service, largely because specialized, senior positions tend to have fewer comparable openings available, which realistically makes finding replacement employment take longer.

This is not automatic simply because someone holds a senior title - the actual calculation still depends on the same combination of factors used for any employee, including age and length of service, rather than seniority alone guaranteeing a longer notice period regardless of everything else. Executive compensation packages also tend to be more complex, often including bonuses, equity, and other benefits that affect the overall value of a notice period well beyond base salary, which is part of why executive wrongful dismissal claims can involve larger overall amounts even where the calculated notice period itself is not dramatically longer than for another long-service employee.

Key takeaways

  • Seniority and the character of a position are recognized factors in the common law notice calculation.
  • Senior executives often get longer notice due to fewer comparable roles being available.
  • Seniority alone does not guarantee longer notice - the full combination of factors still applies.
  • Complex executive compensation can increase the overall value of a notice period beyond salary alone.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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