What is the difference between active employment and the period of reasonable notice following the termination of employment?

Ontario, Canada


The following excerpt is from Penteliuk v. CIBC World Markets, Inc., 2014 ONSC 2105 (CanLII):

This same distinction between “active” employment and the period of reasonable notice following the termination of employment appears also to have been drawn by the court in Black v. Second Cup[57], at paragraph 41 of that decision. In that case, the court determined that had the plaintiff been constructively dismissed, he would not be entitled to the bonus that he would have earned during the period of reasonable notice because the bonus was only payable to those who are in “active service”[58] at the time of distribution.

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