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Vilven and Kelly

By Christina Catenacci, BA, LLB, LLM, PhD | 6 Minutes Read September 3, 2019

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

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.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Employment Standards, Human Rights / accommodation, age discrimination, ageism, Air Canada, Air Canada pilots, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, discrimination based on age, employment law, mandatory retirement age, mandatory retirement practice, normal age of retirement, Pilot's Association, Vilven and Kelly

By Christina Catenacci, BA, LLB, LLM, PhD | 2 Minutes Read April 30, 2013

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

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.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Human Rights, Union Relations / Air Canada, Air Canada pilots, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter, employment law, Federally regulated workplaces, Labour Law, leave to appeal, mandatory retirement, mandatory retirement age, Supreme Court of Canada, temporary help agencies, transportation, Vilven and Kelly

By Christina Catenacci, BA, LLB, LLM, PhD | 3 Minutes Read August 24, 2012

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

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.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Human Rights, Union Relations / bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Charter, discrimination, federal court of appeal, Industrial Relations, judicial reviews, Labour Law, leave to appeal, mandatory retirement, mandatory retirement practice, motions, noraml age of retirement, Supreme Court of Canada, Thwaites et al, union, Unions, Vilven and Kelly

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