Vilven and Kelly

Federal Court of Appeal dismisses Air Canada pilots’ appeal regarding mandatory retirement at age 60

September 3, 2019 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, 0

In a decision dated August 9, 2019, the Federal Court of Appeal dismissed an appeal made by Air Canada pilots regarding their age discrimination claim.

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Leave to Appeal Air Canada mandatory retirement case to Supreme Court of Canada dismissed

April 30, 2013 Christina Catenacci HR Policies and Procedures, Human Resources, Human Rights, Union Relations

As predicted, there was an application for leave to appeal Air Canada’s mandatory retirement case to the Supreme Court of Canada; however, without providing any reasons, the Supreme Court of Canada dismissed the application and refused to hear the matter.

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Expect application for leave to appeal to Supreme Court of Canada in Air Canada mandatory retirement case

August 24, 2012 Christina Catenacci Human Resources, Human Rights, Union Relations

Since the Federal Court of Appeal upheld the mandatory retirement practice for Air Canada pilots, some developments have taken place. First, in the primary Vilven and Kelly case, there will likely be an application filed to obtain leave to appeal to the Supreme Court of Canada regarding the constitutionality of section 15(1)(c) of the Canadian Human Rights Act.

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Air Canada pilots’ mandatory retirement saga continues

July 13, 2012 Christina Catenacci Human Resources, Human Rights

As you may recall, Air Canada pilots launched human rights complaints on the ground of age discrimination because the company forced them to retire at age 60. In a history of decisions spanning back to 2007 challenging the Air Canada policy that requires pilots to retire at the age of 60, which section 15(1)(c) of the Canadian Human Rights Act purports to allow, the Canadian Human Rights Tribunal recently made two more decisions. One involved…

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