The worker, who was injured at age 67, challenged the constitutionality of s. 43(1)(c) of the Workplace Safety and Insurance Act, which limits loss of earnings benefits to two years for workers injured after age 63.
The worker argued this provision violated s. 15(1) of the Charter by discriminating on the basis of age.
The Appeals Resolution Officer found that while the provision creates a distinction based on age, it does not result in substantive discrimination or undermine the essential human dignity of older workers, as it reflects the typical working and earning patterns of Canadians.
The appeal was denied.
