Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 16 AUGUST 2018

Age Discrimination In Employer's Group Benefit Plans

Blaney McMurtry LLP
Blaney McMurtry LLP
Contributor
Explore more from Blaney McMurtry LLP

In May 2018, the Human Rights Tribunal of Ontario (the "Tribunal") released an interim decision which concluded that exceptions in the Human Rights Code (the "Code") ...

CanadaEmployment and HR
Blaney McMurtry LLP
Blaney McMurtry LLP
Author LinkedIn connections

In May 2018, the Human Rights Tribunal of Ontario (the “Tribunal”) released an interim decision which concluded that exceptions in the Human Rights Code (the “Code”) which permit the termination of benefits for workers over age 65 infringe the equality rights protected under section 15(1) of the Canadian Charter of Rights and Freedoms and are unconstitutional.

The Tribunal’s interim decision in Talos v. Grand Erie District School Board, 2018 HRTO 680 (CanLII) presents a significant shift in the law and may well have ramifications for both unionized and non-unionized workplaces that provide benefit plans with age limitations and exclusions assuming more broad application.

By way of background, Mr. Talos was a teacher employed by the school board. He continued to work on a full-time basis past age 65. In accordance with the collective agreement between the school board and the union, entitlement to extended health, dental, and life insurance benefits ceased at age

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.
CanadaEmployment and HR
Cassels
Cassels
Article

Bill C-39: Big Changes Are Coming To Federal Workplace Rules

The federal government has tabled Bill C-39, introducing sweeping reforms to the Canada Labour Code that will fundamentally reshape union negotiations, dispute resolution, and workplace enforcement for federally regulated employers. These changes, stemming from extensive public consultations with over 26,000 responses, grant new ministerial powers while expanding government enforcement capacity by 70% through the hiring of 100 additional health and safety officers.
CanadaEmployment and HR
Torkin Manes LLP
Torkin Manes LLP
Article

Employment Update: Ontario Workforce Priority Stream - New Ontario Immigrant Nominee Program

Ontario has launched a major overhaul of its Provincial Nominee Program, consolidating eight immigration streams into four and introducing the new Ontario Workforce Priority Stream with updated eligibility requirements. The changes expand access to workers across all skill levels while implementing stricter employer compliance measures and a redesigned Expression of Interest scoring system that prioritizes labour market integration factors.
CanadaImmigration
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Employment Update: The Court Of Appeal Provides Guidance On The Forfeiture Of Equity Incentives Upon Dismissal

When an Ontario employer terminates an employee holding unvested Restricted Stock Units, can forfeiture clauses in equity agreements lawfully eliminate the employee's right to continued vesting during the statutory notice period? The Ontario Court of Appeal's decision in Wigdor v. Facebook Canada Ltd. addresses this critical question, examining whether such provisions impermissibly contract out of Employment Standards Act protections and what financial consequences employers face when equity forfeiture term
CanadaEmployment and HR
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Court Of Appeal Summaries (July 13 – 17, 2026)

The Ontario Court of Appeal issued four significant decisions addressing construction liens, labour picketing injunctions, and residential tenancy terminations. These rulings clarify holdback priority calculations under the Construction Act, establish when labour dispute notice requirements apply to secondary picketing, and reinforce mandatory disclosure obligations for landlord's own use evictions under the Residential Tenancies Act.
CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Court Of Appeal Summaries (September 7 – 11, 2026)

This comprehensive summary examines six significant civil decisions from the Ontario Court of Appeal, addressing critical issues in cyber insurance coverage, wrongful dismissal, real estate commission disputes, and municipal election compliance. The cases establish important precedents on contract interpretation standards, successor employer liability, and the scope of public oversight in campaign finance audits.
CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
Blaney McMurtry LLP