How Long Does a Severance Claim Take in Ontario?

How Long Does a Severance Claim Take in Ontario?

One of the first questions people ask after losing their job is: how long will this take?

The honest answer is that the timeline for a severance claim in Ontario is harder to predict than the amount of severance itself. So, how long does a severance claim take in Ontario? The answer is that it can vary and will depend on the case.

Severance Amounts Are Often Easier to Estimate

In many cases, an experienced employment lawyer can give a fairly specific and confident assessment early on of what your severance entitlement should be under Ontario law.

At our firm, we resolve the vast majority of severance matters successfully, and in most cases we can predict the likely outcome with a high degree of confidence.

The Timeline Is More Variable

The length of time it takes to actually resolve a severance claim depends on several factors, including:

• The employer’s approachSome companies are pragmatic and want to settle quickly. Others delay or take an aggressive position.

• The employer’s lawyerThe other side’s counsel can make the process faster or much slower depending on how they respond.

• Your mitigation and re-employment prospectsIf you find comparable work quickly, the employer may have less incentive to prolong negotiations.If re-employment will take time, the employer may be more motivated to resolve the claim sooner.

• The complexity of the caseExecutive terminations, bonus disputes, cause allegations, or contract issues can extend the process.

• Whether litigation becomes necessaryMost cases settle without trial, but if a claim must be started in court, timelines can increase significantly.

how long will my severance claim take?

Typical Timeframes

While every case is different, severance claims can take:

• A few weeks in straightforward matters where the employer is cooperative

• Several months in more contested negotiations

• Longer than a year if litigation is required and the employer refuses to settle early

The Bottom Line

Severance claims in Ontario often resolve faster than people expect, but the timeline can vary widely.

We can usually provide a clear early estimate of what you are entitled to, but the duration depends heavily on the employer’s response, the negotiation process, and your individual circumstances. Speak to an employment lawyer to find out more about your specific case.

If you have been terminated and want an assessment of both your likely severance entitlement and the expected timeline, contact our office for a consultation.