Bardal Factors in British Columbia: How Courts Calculate Severance

When courts in British Columbia determine how much severance an employee is owed after termination without cause, they do not rely on employment standards minimums or a fixed formula.

Instead, courts apply what are known as the Bardal factors — a set of legal principles BC courts use to assess reasonable notice and common law severance.

Understanding how the Bardal factors apply in British Columbia helps employees access whether a severance offer reflects what the law actually requires.

What Are the Bardal Factors in British Columbia?

BC courts use the Bardal factors to determine how much notice or severance a non-unionized employee should receive under common law.

These factors originate from the landmark case Bardal v. Globe & Mail Ltd. and form the foundation of how courts across Canada — including in British Columbia — calculate severance.

Rather than focusing on length of service alone, BC judges assess the full employment context when determining reasonable notice.

The Four Bardal Factors BC Courts Consider

British Columbia courts consider four core factors when assessing the Bardal factors:

1️⃣ Age of the Employee

BC courts often award longer notice periods to older employees, particularly where re-employment may be more difficult due to age, industry, or regional labour conditions.

2️⃣ Length of Service

Longer service generally increases severance entitlement. However, BC courts do not treat length of service as decisive on its own. Even short-service employees may be entitled to months of severance in appropriate cases.

3️⃣ Position and Level of Responsibility

Senior, managerial, executive, or highly specialized roles often attract longer notice periods, especially when comparable positions are limited within British Columbia’s job market.

4️⃣ Availability of Comparable Employment

BC courts closely examine how realistic it is for an employee to find similar work, taking into account:

• Industry conditions in British Columbia
• Economic and regional factors
• Specialized skills
• Geographic limitations

This factor often plays a significant role in severance outcomes.

How Courts Apply the Bardal Factors

BC judges do not assign fixed weights to the Bardal factors or apply them mechanically.

Instead, courts:

• Consider all four factors together
• Weigh them in context
• Adjust the notice period based on real-world employment conditions in British Columbia

As a result, two BC employees with similar service histories can receive very different severance awards.

Bardal Factors and Common Law Severance in British Columbia

The Bardal factors underpin common law severance in BC.

While employment standards legislation sets minimum notice requirements, courts rely on the Bardal factors to determine an employee’s full severance pay in BC.

In many cases, common law severance assessed using the Bardal factors exceeds employment standards minimums by a wide margin.

Is There a Bardal Factors Calculator for BC?

Courts do not use a fixed formula when applying the Bardal factors. Each case depends on its own facts and employment context.

That said, tools like the official Severance Pay Calculator use real court decisions and common law principles — including the Bardal factors — to provide a practical estimate of what a BC employee may be entitled to receive.

The calculator helps employees in British Columbia:

• Understand realistic severance ranges
• Compare an employer’s offer to common law outcomes
• Decide whether further legal review makes sense

When the Bardal Factors Point to a Wrongful Dismissal Claim in BC

In British Columbia employment law, wrongful dismissal usually means an employer failed to provide reasonable notice or severance, not that the employer acted improperly.

When an employer terminates an employee without cause and provides severance that does not reflect the Bardal factors, the termination may qualify as wrongful dismissal.

Once employers understand their legal exposure under BC’s Bardal analysis, most claims resolve through negotiation, not court.

Why BC Employers Often Misapply the Bardal Factors

Employers in British Columbia often:

• Rely on employment standards minimums
• Use internal severance guidelines
• Overlook regional and industry-specific re-employment challenges

BC courts, however, focus on the full employment context, not internal policies alone.

When employers misapply the Bardal factors, employees often accept severance that falls well below what BC courts would award.

How a BC Employment Lawyer Uses the Bardal Factors

An experienced BC employment lawyer:

• Reviews all four Bardal factors together
• Compares outcomes from similar BC court decisions
• Assesses whether a termination clause is enforceable
• Confirms whether a severance offer aligns with common law standards

This review helps ensure that a severance offer reflects how BC courts actually apply the Bardal factors.

Get Advice Before You Accept a Severance Offer

Once you sign a severance agreement, you usually give up the right to pursue additional compensation.

Before accepting an offer:

• Understand how the Bardal factors apply in British Columbia
• Use the Severance Pay Calculator to estimate your entitlement
• Get clear legal advice on whether the offer reflects common law outcomes

Contact Samfiru Tumarkin LLP to review your severance offer and confirm what the law requires your employer to pay.