The applicant, who was under 65 years of age, alleged age discrimination because provincial and federal income tax legislation restricted his ability to split pension income from an RRSP annuity with his spouse, a benefit available to individuals aged 65 and older.
The respondent brought a preliminary request to dismiss the application.
The Tribunal found that section 15 of the Human Rights Code explicitly permits preferential treatment for persons aged 65 and over, which necessarily implies that those under 65 may be denied the same benefits.
The application was dismissed.
