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.
Vilven and Kelly
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.
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.