Bardal Factors in Ontario: How Courts Calculate Severance

When Ontario courts decide how much severance an employee is owed after termination without cause, they do not rely on a simple formula or employment standards minimums alone.

Instead, judges apply the Bardal factors — a set of legal principles Ontario courts use to assess reasonable notice and common law severance.

Understanding how the Bardal factors apply in Ontario helps employees evaluate whether a severance offer reflects what the law actually requires.

What Are the Bardal Factors in Ontario?

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

These factors come from the landmark case Bardal v. Globe & Mail Ltd. and form the foundation of Ontario severance law.

Ontario judges assess the full employment context, rather than relying on length of service alone or statutory minimums under the Employment Standards Act (ESA).

The Four Bardal Factors Ontario Courts Consider

Ontario courts focus on four core considerations when applying the Bardal factors:

1️⃣ Age of the Employee

Ontario courts often award longer notice periods to older employees, particularly where re-employment may be more challenging.

2️⃣ Length of Service

Longer service generally increases severance entitlement, but Ontario courts do not treat service length as decisive on its own. Even short-service employees may qualify for months of severance in appropriate cases.

3️⃣ Position and Level of Responsibility

Senior, managerial, executive, or highly specialized positions often attract longer notice periods, especially where comparable roles are limited in Ontario’s job market.

4️⃣ Availability of Comparable Employment

Ontario courts closely examine how realistic it is for an employee to find similar work, considering:

• Industry conditions
• Economic climate
• Specialized skills
• Geographic limitations within Ontario

This factor frequently has a significant impact on severance outcomes.

How Ontario Courts Apply the Bardal Factors

Ontario 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 Ontario

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

Bardal Factors and Common Law Severance in Ontario

The Bardal factors form the backbone of common law severance in Ontario.

While the Employment Standards Act sets minimum notice and severance requirements, Ontario courts rely on the Bardal factors to determine an employee’s full severance pay in Ontario.

In many cases, common law severance assessed using the Bardal factors far exceeds ESA minimums.

Is There a Bardal Factors Calculator for Ontario?

Ontario 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 Severance Pay Calculator use real Ontario court decisions and common law principles — including the Bardal factors — to provide a practical estimate of what an employee may be entitled to receive.

The calculator helps Ontario employees:

• 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 Ontario

In Ontario 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 Ontario’s Bardal analysis, most claims resolve through negotiation, not court.

Why Ontario Employers Often Misapply the Bardal Factors

Ontario employers often:

• Rely on ESA minimums
• Use internal severance guidelines
• Overlook re-employment realities

Ontario 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 Ontario courts would award.

How an Ontario Employment Lawyer Uses the Bardal Factors

An experienced Ontario employment lawyer:

• Reviews all four Bardal factors together
• Compares outcomes from similar Ontario 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 Ontario courts actually apply the Bardal factors.

Get Advice Before You Accept a Severance Offer

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

Before accepting an offer:

• Understand how the Bardal factors apply in Ontario
• 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.