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ARTICLE · 09 JUNE 2014

Equity Partners Not Protected By Human Rights Code: Supreme Court Of Canada

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The Supreme Court of Canada ruled in McCormick v. Fasken Martineau DuMoulin that partners generally do not fall within the protections provided to "employees.

CanadaEmployment and HR
Michael Comartin
Michael Comartin
J. Geoffrey Howard
J. Geoffrey Howard
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In a decision much-anticipated by law, accounting and other professional services firms, the Supreme Court of Canada ruled in McCormick v. Fasken Martineau DuMoulin that partners generally do not fall within the protections provided to "employees" under human rights legislation.

McCormick was an age discrimination complaint brought by an equity partner of Faskens, who argued that the firm's mandatory retirement policy discriminated against him. Like most human right legislation, the B.C. Human Rights Code only protects individuals from discrimination in defined contexts, including "employment". Faskens moved to dismiss on the basis that McCormick was not an "employee" under B.C.'s Human Rights Code.

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