Ontario Severance Calculator
How Much Severance Are You Owed in Ontario?
Most Ontario employees are offered the statutory minimum and never learn what the common law actually entitles them to. Answer 5 questions and see both numbers instantly.
Start the Free Calculator →How Severance Is Calculated in Ontario
Ontario has two separate systems that determine what you’re owed when your employment ends — and they produce very different numbers:
1. ESA statutory minimums
The Employment Standards Act, 2000 sets the legal floor: up to 8 weeks’ termination pay (based on length of service) plus, for employees with 5+ years at employers with a $2.5M+ payroll, severance pay of 1 week per year up to 26 weeks. This is the minimum — and it’s usually what employers offer.
2. Common-law reasonable notice
Under Canadian common law (Bardal v. Globe & Mail, 1960), courts award “reasonable notice” based on your age, tenure, role, and job prospects — often 3–4 weeks per year of service, up to 24 months. This is frequently 3–5x the statutory minimum, and it’s what most employees don’t know they’re owed.
The gap between these two numbers is the entire reason this calculator exists.
Free estimate. No sign-up required. 60 seconds.
What Changes Your Number: The Bardal Factors
Courts don’t use a formula — they weigh four factors from the landmark 1960 Bardal decision:
Character of employment
Senior, specialized, or managerial roles get more notice than entry-level ones.
Length of service
The biggest driver — longer tenure means longer notice, roughly 3–4 weeks per year.
Age of the employee
Older employees get more notice; re-employment is presumed harder with age.
Availability of similar employment
A niche role in a weak job market increases your entitlement.
Our calculator applies these factors the way courts do — then shows you the shortfall between your employer’s offer and your real entitlement.
Got Your Estimate? Here’s What to Do Next
- 1
Don’t sign the release yet
Signing your employer’s release usually waives your right to claim more. You generally have time — get your number first.
- 2
Check your employment contract
A termination clause can limit you to ESA minimums — but most Ontario clauses are unenforceable. See our guide to spotting a void clause.
- 3
Put your position in writing
A formal without-prejudice demand letter citing real case law is how negotiations start. Ours takes minutes, not weeks.
Free estimate. No sign-up required. 60 seconds.
Related guides
- Fired without cause in Ontario? Know your rights
- Is your termination clause enforceable?
- Sample severance demand letter
General information only — not legal advice. Estimates are illustrative; actual entitlements are determined case by case.