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Judicial review dismissed; disability benefit termination at pensionable age does not violate Charter equality rights.
The applicant sought judicial review of a C.H.R.T. decision finding that paragraphs 3(b) and 5(b) of the Canadian Human Rights Benefit Regulations did not violate section 15(1) of the Charter.
The regulations permitted a collective agreement to terminate long-term disability benefits for pilots once they became eligible for an unreduced pension.
The Federal Court held that while the provision creates a distinction based on age, it does not violate the substantive equality guarantee because the termination of disability benefits is offset by eligibility for unreduced pension benefits, representing a bona fide distinction within a viable insurance scheme.
