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ARTICLE · 01 JUNE 2018

Age Discrimination In Benefit Plans: Ontario

Miller Thomson
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The Tribunal found that the respondent school board had not discharged its onus to justify the infringement under section 1 of the Charter.

CanadaEmployment and HR
Kim Ozubko
Kim Ozubko
Paula Pettit
Paula Pettit
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In a long-awaited Interim Decision issued on May 18, 2018, the Ontario Human Rights Tribunal (the "HRTO") found in favour of Wayne (Steve) Talos, an applicant who is over 65 years of age and who claimed that he had experienced discrimination on the basis of age with respect to workplace benefits. The Tribunal found that Mr. Talos' rights under section 15, the equality provision of the Charter of Rights and Freedoms (the "Charter"), were infringed by application of section 25(2.1) of the Ontario Human Rights Code (the "Code") and the Regulations to the Employment Standards Act, 2000 (the "ESA") because his workplace benefits were terminated at age 65. The Tribunal found that the respondent school board had not discharged its onus to justify the infringement under section 1 of the Charter.

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