An employee filed a human rights complaint alleging age discrimination after being forced to retire at 65 pursuant to a mandatory retirement policy in his employer's pension plan.
The New Brunswick Human Rights Code exempts terminations made pursuant to a 'bona fide pension plan'.
The Supreme Court of Canada held that the Meiorin test for bona fide occupational requirements does not apply to pension plans.
Instead, a bona fide pension plan is one that is subjectively and objectively legitimate, adopted in good faith, and not a sham to defeat protected rights.
The appeal was dismissed.
