This Week At The SCC (23/05/14)

This week, the Supreme Court issued several rulings, and dismissed one application for leave to appeal, in cases likely to be of interest to Canadian businesses and professionals.

The most eagerly awaited decision is likely McCormick v. Fasken Martineau Dumoulin LLP, addressing the right of law firms to impose mandatory retirement on their partners.  The Court concluded that the plaintiff, Mr. McCormick, could not take advantage of the B.C. Human Rights Code because — in the circumstances of the case — he could not be characterized as an "employee" of his law firm.  The Court was careful to note that, in other circumstances, a partner might be an employee of a law firm, and therefore able to assert rights under the Code.  In any event, Mr. McCormick enjoyed the protection of the fiduciary duties owed to him by his partners.  The Court concluded, however, that these duties had not been violated: