The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision that rejected his claim that s. 43(1)(c) of the Workplace Safety and Insurance Act, 1997 violated s. 15(1) of the Charter.
The impugned section limits loss of earnings benefits to two years for workers injured at age 63 or older.
The Divisional Court upheld the Tribunal's decision, finding that the provision did not discriminate on the basis of age as it did not create a disadvantage based on prejudice or stereotyping.
The court further held that even if the provision violated s. 15(1), it would be saved under s. 1 of the Charter.
The application for judicial review was dismissed.
