The Court of Appeal also left intact the trial judge's generous award of 26 months of pay in lieu of notice. (labourandemploymentlaw.com)
Instead, he was entitled to receive common law reasonable notice, or pay in lieu thereof. (vwlawyers.ca)
This is because the employee would be classified as an unsecured creditor for any claims made for pay in lieu of reasonable notice at common law (i.e. termination pay). (employmentlaw101.ca)