Age Discrimination — Ontario Employment Law

Kalamaris v. IBM Canada Limited

Age Discrimination Case: IBM Canada Limited

A civil procedure case where the court struck part of a plaintiff's statement of claim alleging age discrimination at IBM, ruling that the comparator group must be appropriately defined and that evidence referencing a separate legal entity should be excluded. The court emphasized the need to limit pleadings to avoid unnecessary litigation burdens.

Gamble v. Black & McDonald Limited

A motion was dismissed regarding the defendant's compliance with document production obligations in a wrongful dismissal and age discrimination case. The court applied the Bow Helicopters test and found no evidence of specific missing documents or non-compliance.

Bailey v Milo-Food & Agricultural Infrastructure & Services Inc.

Wrongful Dismissal: Limitation Periods and Age Discrimination

A wrongful dismissal case where the court ruled on the limitation periods for claims, addressing the plaintiff's working notice, intentional infliction of mental distress, and age discrimination. The court found that the limitation period for wrongful dismissal and severance pay claims began on the notice date, not the last day of work, and that the plaintiff's age discrimination claims were not statute-barred as the discriminatory conduct continued during the notice period.

Doherty v 1763952 Ontario Inc. (K4 Integration Inc.)

Age Discrimination in Wrongful Dismissal Case

A wrongful dismissal case involving age discrimination. The court is considering the application of Civil Procedure rules related to the claim.

Wilde v. Welland (City)

Age Discrimination: Interim Injunction Allows Employee to Remain Employed Beyond 65

A wrongful dismissal and age discrimination case where an employee, employed as Fleet Supervisor, sought to remain employed beyond age 65 despite the respondent's policy of retirement at 65. The court granted an interim injunction to allow the applicant to remain employed pending appeal, citing the balance of convenience and the serious constitutional issue of age discrimination under Section 15(1) of the Charter.

Galbraith v. Acres International Ltd.

Constructive Dismissal: CFO Altered Role Found to Be Age Discrimination

A constructive dismissal case where the plaintiff, a Chief Financial Officer, alleged that his job duties were substantially altered and reassigned to a younger employee, constituting a fundamental breach of his employment contract. The court found that the changes were motivated by age discrimination and extended the notice period to 18 months. The plaintiff was awarded severance for 18 months, share value loss of $102,684, and pre-judgment interest.

Large v. Stratford (City)

Human Rights: Mandatory Retirement at 60 Challenged Under Ontario Code

A human rights case challenging a mandatory retirement policy at age 60 under the Ontario Human Rights Code. The court examined whether the policy constituted age-based discrimination and whether it could be justified as a bona fide occupational requirement (BFOR), considering factors such as job performance, safety, and reasonable accommodation.

Ontario Secondary School Teachers' Federation, District 53 v. Haldimand Board of Education (Div. Ct.)

Human Rights Employment: Age Discrimination in Collective Agreements

A human rights employment case involving age-based discrimination and the interpretation of collective agreements under the School Boards and Teachers Collective Negotiations Act. The arbitration board was found to have erred in failing to apply section 51(1) of the Act and the Human Rights Code, 1981, and the decision was set aside for legal error.

Re Ontario English Catholic Teachers Association et al. and Essex County Roman Catholic School Board

Age Discrimination: Mandatory Retirement Policy Under Charter Review

A case examining whether a school board's mandatory retirement policy at age 65 infringes on the equality rights of employees under section 15(1) of the Canadian Charter of Rights and Freedoms. The court considers whether the policy constitutes 'law' under the Charter and whether it is a reasonable limit on equality rights under section 1.

Re McKinney and Board of Governors of the University of Guelph et al. and seven other applications

Mandatory Retirement and Age Discrimination in Universities

A constitutional challenge to mandatory retirement at age 65 under university collective agreements and pension plans, examining whether such policies violate the Charter of Rights and Freedoms and the Human Rights Code due to age discrimination.

Re Bregzis and Governing Council of the University of Toronto et al.

Age Discrimination Case: University Mandatory Retirement Policy Challenged Under Charter

A case involving a university employee challenging a mandatory retirement policy at age 65 under section 15 of the Charter of Rights and Freedoms. The applicant sought an interlocutory injunction to prevent enforcement of the policy, but the application was dismissed. The court considered whether the policy violated equality rights and whether damages could adequately compensate the applicant for the harm caused by the policy.

Stevenson v. Air Canada et al.

Age Discrimination: Challenge to Mandatory Retirement for Airline Pilots

A case challenging the mandatory retirement at age 60 for airline pilots under a collective agreement, alleging age discrimination under the Canadian Human Rights Act. The court considered whether the provision constitutes a bona fide occupational requirement and the balance between collective bargaining rights and anti-discrimination protections.

Lamont v. Air Canada et al.

Age Discrimination: Airline Pilot Challenges Compulsory Retirement at 60

A wrongful dismissal and workplace discrimination case involving an airline pilot who sought an interim injunction to prevent compulsory retirement at age 60 while pursuing a claim with the Canadian Human Rights Commission. The court ruled that the compulsory retirement age was an implied term of the plaintiff’s employment contract and that the provincial court lacked jurisdiction to issue an injunction affecting a federal statutory body.

Lamont v. Air Canada

Compulsory Retirement: Air Canada Pilot's Age 60 Retirement Complies with Employment Terms

A wrongful dismissal case involving an Air Canada pilot who retired at age 60 under employer policy and collective agreement. The court found the retirement complied with employment terms and that the plaintiff had no common law right to avoid retirement at that age. The case also addressed jurisdictional issues regarding an injunction and age discrimination under the Canadian Human Rights Act.

Stevenson v. Air Canada

Age Discrimination: Injunction Prevents Air Canada Mandatory Retirement

A merits decision involving a challenge to a mandatory retirement policy at Air Canada, alleging age discrimination under the Canadian Human Rights Act. The court considered whether the collective agreement provision violates human rights and whether an interim injunction should be granted to prevent enforcement of the policy pending resolution by the Canadian Human Rights Commission.

Re Borough of Etobicoke and Ontario Human Rights Commission et al.

Mandatory Retirement for Firefighters and Human Rights Code Compliance

A human rights employment case involving firefighters challenging a mandatory retirement age of 60 under a collective agreement. The court examined whether this policy constitutes age discrimination under the Ontario Human Rights Code and whether it qualifies as a bona fide occupational qualification.