Age-based automobile insurance premium increases for drivers over 80 found reasonable and bona fide.
The applicant, a 92-year-old driver, alleged discrimination on the basis of age after being charged a higher automobile insurance premium than his younger daughter solely because he was over 80 years of age.
The respondent insurer argued that its rate classification scheme, which removed an older driver discount for those over 80, was a reasonable and bona fide practice protected by section 22 of the Human Rights Code.
The Tribunal accepted the uncontradicted expert evidence that drivers over 80 pose an elevated road safety risk and have higher loss costs per kilometre driven.
The Tribunal found that there was no practical alternative to the use of age as a risk classification factor for this group, and dismissed the application.
Denis Olorenshaw v. Western Assurance Company, 2013 HRTO 280
