The applicant, a 44-year-old member of a pension plan, alleged age discrimination because the plan only permitted members who were 60 years of age with 20 years of service to retire with an unreduced pension.
The respondents sought to dismiss the application under section 25(2.1) of the Human Rights Code, which exempts pension plans that comply with the Employment Standards Act, 2000.
The Tribunal held a summary hearing and found that the pension plan complied with the applicable legislation.
Consequently, the Tribunal concluded there was no reasonable prospect of success and dismissed the application.