Wrongful Dismissal Report

Researching the reasonable notice period for your client?

TVA’s customized Wrongful Dismissal Report is a fast and cost-effective method of determining the appropriate notice period to which an employee is entitled according to the common law. We search thousands of reported and unreported wrongful dismissal cases, from across Canada, and distill the most relevant cases to create our customized Wrongful Dismissal Report.

A completed search can include: (i) a report listing all of the relevant cases and an average notice period; and (ii) a draft demand letter or termination letter (depending on whether you represent the employer or employee). These reports are effective when used with your demand letter (or termination letter), for settlement purposes, and at trial.

A search is completed within 24 hours. Rush requests can be completed for a fee ($25) as well as copies of the cases ($25). A discount is provided when two or more searches are requested at the same time. The first search is regular price and the second and subsequent searches are $145.00 each.

Cost: $195 + HST per report

The Benefits

The Wrongful Dismissal Report offers advantages, not the least of which are the time and cost savings realized by both lawyer and client. Researching notice periods by traditional methods can easily use up several hours of the lawyer’s time and a significant portion of the client’s budget. By ordering a Wrongful Dismissal Report search, the lawyer can quickly and cost effectively complete the research needed to advise the client.

Courts have accepted results of such searches as objective surveys of the case law in similar circumstances. For example, see the comments of Rosenberg J. in Slater v. Reebok Canada Inc. [1994] O.J. No. 2922.

We canvass current caselaw in creating our Wrongful Dismissal Report, so it is always up to date.

Although the most common search criteria are age of employee, length of service and position classification, your search can be customized using additional criteria.

Your search can include all provinces, or be limited to specific provinces. This is especially important since Quebec cases often have different notice periods, which can skew the results.

We can also provide, at no additional cost, a draft termination letter or demand letter which incorporates your fact situation and the results of the customized Wrongful Dismissal Report.

Where special circumstances exist, TVA can conduct separate research into the specifics of your case to see how courts have dealt with similar situations. Additional fees apply and are quoted on a case by case basis. Please call.