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Human rights application alleging age discrimination in WSIB benefits dismissed due to statutory exemption.
The applicant suffered a workplace injury at age 63 and received loss of earnings benefits from the WSIB for two years.
The benefits were terminated when he turned 65, pursuant to the Workplace Safety and Insurance Act.
He filed an application alleging age discrimination.
The Tribunal dismissed the application, finding it lacked jurisdiction because section 2.1 of the Act expressly exempts its age-based distinctions from the Human Rights Code.
