The Human Rights Tribunal of Ontario recently released its
decision in Kartna v. Toronto
(City), dismissing an application that the
termination of long-term disability (LTD) benefits at the age of 65
was discriminatory on the basis of age.
The Tribunal dismissed the application following a summary
hearing on the basis that the application had no reasonable
prospect of success.
Decision
The case involved an Applicant who had been receiving LTD
benefits since April 2011. Consistent with the terms of the LTD
plan, those benefits were terminated in September 2013 when the
Applicant reached the age of 65.
The Applicant argued that a plan cutting off LTD benefits at age
65 had the effect of forcing an employee into retirement. Further,
as mandatory retirement was discriminatory, the provisions of the
ESA (referenced below) reflected an outdated and inequitable
approach to retirement.
