Reasonable Notice Period Chart | Job Category: All > Sales/Marketing | Ages: All ages / Under 40 / 40-49 / 50+
Date | Case Name | Citation | Age | Years of Service | Job Subcategory | Position | Notice (months) |
---|---|---|---|---|---|---|---|
2025.01.03 | Thompson v Revolution Resource Recovery Inc. | 2025 BCSC 8 | 56 | 3.3 | Salespersons | Major/key accounts manager"Her primary job function was maintaining Revolution’s existing clients and seeking to expand the service portfolios of those existing clients. Her work as the Key Accounts Manager work did not focus on seeking out and bringing in new clients." | 6 |
2025.01.02 | Shelp v. GoSecure Inc. | 2025 ONSC 49 | 51 | 0.8 | Sales managers | Vice president, sales for Ontario and Western Canada"The plaintiff managed a 3 person sales team. Aside from that he had no other significant budgetary or autonomous decision-making authority...The plaintiff’s sales experience and skills were not highly specialized with the result he was in a strong position to market his skills as a senior sales manager broadly." | 6 |
2021.10.04 | Verigen v Ensemble Travel Ltd | 2021 BCSC 1934 | 58 | 1.1 | Salespersons | Business development director"The Business Development Director is responsible for identifying and bringing on new member travel agencies along with supporting and deepening the Ensemble relationship with current members within a defined geographic area...the position was described in terms suggesting that she would have a moderate level of responsibility and some managerial duties, although she had no one reporting to her. The position required some experience in the travel industry but it does not appear to have involved quite the same degree of specialization" | 5 |
2021.04.16 | Goetz v Instow Enterprises Ltd. | 2021 BCSC 709 | 53 | 31 | Salespersons | Commercial sales representative"I find that, although Mr. Goetz was a senior corporate sales representative, responsible for specialized sales, he was not a manager. He had no authority over hiring, firing, disciplining or supervising employees, and he was not responsible for managing financial matters such as overseeing a budget...A CSR is responsible for acquiring new commercial accounts, growing established commercial accounts, and maintaining good customer relations through solution-based selling methods and exceptional customer service." | 18 |
2018.12.21 | Spalti v. MDA Systems Ltd. | 2018 BCSC 2296 | 55 (approx) | 13.6 | Senior/specialized sales | Sales director"Its market is international and its customers for the software include the U.S. Air Force and other governmental entities and commercial customers. Mr. Spalti was responsible for these sales...Successful sales could require him to negotiate agreements with major aerospace companies such as Boeing. Concluding a multi-year contract might require years of research and lengthy negotiations. Mr. Spalti was responsible for approximately $100 million of sales revenues between 2013 and his dismissal in July 2018...Mr. Spalti was not a manager. No one reported to him. He was not responsible for the expenditure of company funds. He was, however, very much involved in the budgeting of company revenues through the preparation of projections of future sales that management relied upon...In short, Mr. Spalti was a senior sales executive with substantial responsibility for an important facet of MDA’s operations involving the sale of a specialized product into a niche international market. He was not senior management, but he reported to senior management." | 16 |
2018.12.11 | Avelin v. Aya Lasers Inc. | 2018 BCSC 2313 | 47 (approx) | 0.6 | Salespersons | Sales representative"Ms. Avelin was a short-term employee responsible for sales, and her function was significant for her employer, though she was not senior management" | 4 |
2018.08.29 | Greenlees v. Starline Windows Ltd. | 2018 BCSC 1457 | 43 | 0.5 | Salespersons | Sales professional"This position will play a pivotal role in expanding our new and renovation construction window sales. Ensuring success in maintaining and growing market share in these areas...Mr. Greenlees’ responsibilities were to be those of a front-line salesperson in the Lower Mainland." | 6 |
2017.11.23 | Ensign v Price's Alarm Systems (2009) Ltd. | 2017 BCSC 2137 | 63 | 12.5 | Salespersons | Medical alert advisor"As a Medical Alert Advisor Mr. Ensign's duties and responsibilities included: • soliciting customers and selling medical alert systems to them; • responding to "leads", where potential customers had contacted the Company indicating interest in a medical alert system; • signing customers up to contracts and installing the medical alert equipment in the customer's home; and • providing follow-up service and advice to customers following installation of the system." | 12 |
2016.07.18 | Cheong v. Grand Pacific Travel & Trade (Canada) Corp | 2016 BCSC 1321 | 59 | 13 | Sales managers | Director, sales and marketing"She held the position of Director, Sales and Marketing and was responsible for developing the sales and marketing plan for the entire business in North America. Her duties included developing markets across Canada and in the United States; negotiating contracts with hotels and suppliers; overseeing daily sales and operations; organizing seminars and presentations for US and Canadian retail agents; developing and formulating business strategies; conducting sales and marketing for both the Canadian and US markets; creating annual advertising budget reports for the CEO; and attending travel shows. She had six direct reports who were located in Vancouver, San Francisco, Los Angeles and Hong Kong. She reported directly to the CEO, Wilson Wong. Her position was a senior-level position within the defendants' organization. However, there was no clear evidence as to the scope of her actual decision-making authority." | 14 |
2016.02.16 | O'Dea v Ricoh Canada Inc | 2016 BCSC 235 | 57 | 7 | Salespersons | Salesperson"Mr. O’Dea’s job was to sell Ricoh’s copiers and other office equipment or supplies. He had no supervisory or managerial responsibilities, and notwithstanding his degree in economics, his position with Ricoh did not approximate that of the “… highly skilled graduate engineers whom B.C. Hydro was satisfied to employ in responsible positions” as were the plaintiffs in Ansari" | 9 |
2015.04.22 | Sowden v. Manulife Canada Ltd | 2015 BCSC 629 | NA | 20 | Marketing | Regional marketing director"She was responsible for the recruiting and retention of financial advisors for the British Columbia portion of Manulife’s national network of advisors...The plaintiff’s duties included persuading advisors affiliated with other companies to move to Manulife, bringing with them their clients and the clients’ investment portfolios...Once advisors joined Manulife, the plaintiff was required to remain in contact with them and ensure they were satisfied." | 20 |
2015.03.25 | Steinebach v Clean Energy Compression Corp | 2015 BCSC 460 | 48 (approx) | 19.5 | Senior/specialized sales | Vice-president of business development"While the plaintiff submits that his role as Vice President Business Development Canada carried a high level of importance, he acknowledged that he did not have supervisory responsibilities...The plaintiff submits, and I agree, that while he held a sales position, his position required a degree of specialized skill and knowledge that would not be required if the position was merely to sell the defendant’s products. Similar to Sciancamerli, he had “familiarity with the equipment, jargon and technical needs” of the CNG systems to warrant a degree of specialized skill and I am satisfied that this justifies a longer notice period for the plaintiff." | 16 |
2014.11.19 | Kim v International Triathlon Union | 2014 BCSC 2151 | 34 | 1.8 | Marketing | Senior communications managerSenior communications manager in a non-supervisory role | 5 |
2014.10.07 | Sciancamerli v Comtech (Communication Technologies) Ltd | 2014 BCSC 2140 | 57 | 0.8 | Salespersons | Senior Account Executive (sales)"I agree that the position was primarily a sales position but Comtech was looking for someone with specific knowledge in the industry. It is highly unlikely someone without any familiarity with the equipment, jargon and technical needs of telecommunications systems would be considered an attractive candidate for the job based on sales experience alone. The plaintiff was an ideal candidate because of his combination of sales and technical knowledge." | 5 |
2014.07.31 | Dodge v Signature Automotive Group Ltd | 2014 BCSC 1452 | 59 | 20 | Salespersons | Senior financial services manager (car dealership)"Mr. Dodge's title working at the Defendant's business was senior financial services manager, although he was not primarily a manager in the ordinary sense of the word...After a car sale was made between one of the Defendant's salespeople and a customer, the customer was directed to Mr. Dodge. He worked in an office space at the same location as the salesperson, in the Defendant's retail site at the Richmond Auto Mall, located in Richmond, just south of Vancouver. After agreeing to buy the car, the customer sat down with Mr. Dodge, who then completed the necessary papers to conclude the transaction. Mr. Dodge also had a sales function at that stage. He offered to customers automobile appearance protection packages and a variety of leasing, insurance, warranty and financing options for their new cars...The Plaintiff's employment did not require him to obtain potential clients. They were ushered into his office by the salespeople. The Plaintiff then however had to draw upon his own sales experience to persuade the car buyers to purchase the available financing and warranty packages the Plaintiff was selling. The Plaintiff's position was more that of a salesperson than a manager, although I accept that he probably managed the other financial services manager, and financing generally, at the Defendant's dealership where he worked." | 17 |
2014.02.28 | Oliver v Sure Grip Controls Inc | 2014 BCSC 321 | 53 | 9.2 | Marketing managers | Marketing manager"They delegated almost full responsibility for the operation of Sure Grip to the management team composed of the plaintiff and two other managers employed by Sure Grip. Although the management team was not able to hire or fire, without exception, the management team’s recommendations as to hiring and firing were accepted" "In January of 2006, the plaintiff was a member of the three-person management team. Sure Grip’s shareholders, the Kornelsons, had moved to Victoria. The management team were responsible for the day-to-day operations of sure Grip’s plant. The main thrust of the plaintiff’s position was marketing and sales. The management team were entitled by total consensus “to override an established policy or process”." "In 2005, the plaintiff supervised one employee, three employees in 2008 and in 2011, two employees." | 12 |
2013.12.03 | Nicholls v Columbia Taping Tools Ltd | 2013 BCSC 2201 | 49 (approx) | 5 | Sales managers | Account manager"He was an account manager for the defendant, which was a sales position...The position did not involve supervising any other employees, but it was a managerial position, and the plaintiff was a member of the managerial team." | 8 |
2013.09.18 | Haff v Valeant Pharmaceuticals International, Inc | 2013 BCSC 1720 | 57 | 13 | Sales managers | Regional sales manager"By 2009, she had assumed full-time management responsibilities and she was given the title of Regional Aesthetic Sales Manager (Canada West)...Ms. Haff was employed in what I would characterize as a mid-level management position with some supervisory responsibilities." | 16 |
2013.01.25 | Chawrun v Bell Mobility Inc | 2013 BCSC 102 | 38 | 5.7 | Salespersons | Account executive"The account executive was expected to spend most of his or her time out in the territory, calling on potential customers and attempting to sell equipment and services to those customers. Once a potential customer had been identified, the account executive could call on Bell’s marketing department to assist in putting together a specific proposal for that potential customer...Mr. Chawrun’s job was essentially a sales job; not a management or executive position. As account executive, Mr. Chawrun headed a team that included three other Bell employees (or two and one-half employees as Ms. Del Rosario also worked for Ms. Stack), but he did not have the authority or responsibility to hire or fire these employees and they did not “report” to him in the sense that he was their immediate superior. The sales associates reported to a sales associates team leader; and then to Mr. Spencer. There is no evidence that Mr. Chawrun had the authority to discipline these employees or was responsible for formally evaluating their job performance. In the offer of employment made to him on June 17, 2008, there is no reference to any supervisory or managerial duties." | 6 |
2012.11.30 | Matusiak v IBM Canada Ltd | 2012 BCSC 1784 | 60 | 9.5 | Senior/specialized sales | Client director/consulting software sales rep"Senior sales position, with some additional responsibilities...The plaintiff concedes that he did not hold a management position, and did not supervise other employees. Rather, he held a senior sales position with additional responsibilities...amongst other things, Client Directors are responsible for sales and service of the defendant’s software products relating to business analytics. Business analytics enables organizations to recognize subtle trends and patterns so they can anticipate and shape events and improve their outcomes. Business analytics software enables an organization to apply analytics to decision-making." "In short, his role was to sell the defendant’s software products to the customer and provide ongoing service and management to the customer to ensure its successful implementation of delivery." | 14 |
2011.12.09 | Oystryk v FCT Insurance Company Ltd. | 2011 BCSC 1686 | 39 (approx) | 1.9 | Salespersons | Account manager"This position involved responsibility for “managing relationships with existing customers and developing new accounts in the Interior of British Columbia.” Her clients were primarily bank managers and lawyers." | 6 |
2010.04.30 | Graham v Galaxie Signs Ltd | 2010 BCSC 609 | 60 | 14.5 | Salespersons | Sales representative (sign sales)"While the Plaintiff was a responsible and valued sales representative, he did not fulfill a senior managerial or supervisory role during his employ with Galaxie." | 10 |
2010.02.18 | Pritchard v The Stuffed Animal House Ltd | 2010 BCSC 213 | 54 | 17 | Salespersons | Salesperson"The plaintiff is now 55 years old and was employed by the defendant as a sales person for over 16 years selling a somewhat specialized product. While she was a valued employee she did not exercise management functions." | 12 |
2009.06.29 | Jamieson v Finning International Inc | 2009 BCSC 861 | 53 (approx) | 20 | Marketing | Millyard systems manager (Western Canada)"The plaintiff’s role was one of marketing, as distinct from sales, which included configuring equipment in an appropriate manner to comply with safety requirements and customer preferences; conducting on site assessments to determine equipment needed for customer productivity demands; liaison with suppliers with regard to industry needs; and, preparing and delivering presentations to customers...The plaintiff’s territorial responsibility included all of Western Canada. He played an important role in planning strategy for the defendant’s millyard systems equipment product group; attended regular planning sessions with local territory managers; regularly met with Mr. Mulvihill to discuss product issues, including his input regarding product changes, shifts of customer demands, market share, forecasting and overall how to position the defendant as a successful supplier of millyard systems equipment." | 19 |
2009.05.04 | Smith v Centra Windows Ltd | 2009 BCSC 606 | 50 | 13.5 | Salespersons | Vice president of marketing and development"He was perceived within the organization as a leader and senior member of the organization. He participated in regular senior management meetings that discussed key management issues for the organization...For most of that period, he was part of the “inner circle” of Centra. His duties, however, remained essentially those of a salesperson." | 15 |
2009.01.21 | Saalfeld v Absolute Software Corp | 2009 BCSC 760 | 34 (approx) | 0.75 | Salespersons | Federal territory manager (inside sales)"Ms. Saalfeld was an inside salesperson who, together with another salesperson, was responsible for developing a new market for Absolute Software under the supervision of the Territory Sales Manager (responsible for 19 territories)...There were no managerial responsibilities: the plaintiff was not assigned to supervise any other employees or to do any hiring, firing, or performance evaluations, and no employees reported directly to her. The plaintiff was one of 19 Territory Managers, all of whom reported to the Territory Sales Manager, Mr. Trotter." | 5 |
2007.09.28 | Earl v Canada Bread Co | 2007 BCSC 1574 | 49 (approx) | 19 | Sales managers | Territory manager (Northern Vancouver Island)"Territory managers are the first level of management within the defendant's sales structure...As a territory manager, the plaintiff's primary responsibility was to act as a liaison with approximately eight of the defendant's franchisees and from time to time the customers included in the delivery routes of the franchisees. The plaintiff was responsible for ensuring that the defendant's programs were properly executed by the franchisees when the defendant's products were delivered to its customers at the store level, to coach the franchisees about the defendant's programs, to answer each of the franchisees' questions concerning the defendant's products and to help the franchisees with schematic changes such as moving products on the shelf and preparing exception and quality of product reports...On occasion, the plaintiff would also perform sales activities on behalf of the defendant...As a territory manager, the plaintiff did not have the authority to hire personnel without informing or seeking approval of an immediate supervisor or someone within the defendant's human resources department. However, when hiring was to be done, he did participate in the interview process." | 17 |
2007.07.09 | McMahon v TCG International Inc | 2007 BCSC 1003 | 57 | 28 | Sales managers | Vice president of sales"His position as Vice-President of Sales required him to develop and expand TCG's customer base. His skills were noted to be in establishing and maintaining relationships with customers, and clearly, TCG relied on him to do that." | 20 |
2005.10.26 | McSeveney v Phone Directories Company Inc | 2005 BCSC 1510 | 41 (approx) | 6 | Sales managers | Regional sales director"His duties at the time of his termination included managing sales for British Columbia, Alberta, the Arctic and Alaska. Sales achieved in those areas in 2004 exceeded $18.8 million. He managed up to 14 regional managers who, in turn, supervised between 45 and 120 sales personnel. He was reporting to the President of the company. He oversaw a substantial advertising budget and played a role in the hiring and firing of employees within his area of responsibility. He was, for purposes of determining the appropriate notice period, an upper management employee." | 9 |
2002.03.25 | Lambert v Digital Rez Software Corp | 2002 BCSC 481 | NA | 3.5 | Marketing | Marketing director"The plaintiff worked for the defendant for 3½ years as Marketing Director, selling software. Most of her training was on-the-job. Her functions were to create advertising and promote the company. She did this by preparing multi-media publications for potential customers. " | 3 |
1996.03.14 | Watson v. Moore Corp. | 1996 CanLII 1142 (BC CA) | NA | 25 | Salespersons | Sales/account executiveNo job description provided | 18 |
The reasonable notice period chart lists notice periods awarded in Canadian wrongful dismissal cases.