Law Allowing For Benefits Termination At Age 65 Found Unconstitutional

In Talos v. Grand Erie District School Board, 2018 HRTO 680 ("Talos"), the Ontario Human Rights Tribunal (the "Tribunal"), ruled Section 25(2.1) of the Human Rights Code (the "Code") breached the Canadian Charter of Rights and Freedoms (the "Charter"). Section 25(2.1) of the Code effectively allows employee benefit coverage to terminate at age 65 (even though the employee may continue in employment) and as such permits discrimination on the basis of age.

As a result, Section 25(2.1) of the Code was not available to the School Board as a defence against Mr. Talos' discrimination claim under the Code (which claim will now proceed). 

Key Facts

• The Grand Erie District School Board (the "School Board") terminated Mr. Talos' health and welfare benefits at age 65, in accordance with the benefit plan terms and the collective agreement, notwithstanding that he continued in full-time employment after age 65. Mr. Talos claimed that he was discriminated against on the