J. Polika

Two firefighters were compulsorily retired at age 60 pursuant to a collective agreement.

They filed complaints under The Ontario Human Rights Code alleging age discrimination.

The employer argued that the mandatory retirement age was a bona fide occupational qualification under s. 4(6) of the Code.

The Supreme Court of Canada held that the employer failed to adduce sufficient evidence, such as statistical and medical data, to justify the mandatory retirement age.

The Court also held that parties cannot contract out of the Code's provisions through a collective agreement, as it is a public statute enacted for the benefit of the community.

The appellant purchased a transport business and applied for a transfer of its extra-provincial operating licence.

While the application was pending, the appellant was granted a temporary licence.

The Ontario Highway Transport Board recommended refusing the transfer, but the Minister delayed his decision for several years.

When the Minister finally refused the transfer, he based his decision on the appellant's failure to show current financial stability but refused to accept further submissions.

The Supreme Court of Canada allowed the appeal and quashed the Minister's decision, holding that the Minister breached his duty to act fairly by requiring up-to-date proof of financial stability while simultaneously refusing to entertain further submissions.