The applicant, a suppression firefighter, sought judicial review of a Human Rights Tribunal of Ontario decision that summarily dismissed his age discrimination complaint regarding mandatory retirement at age 60.
The Tribunal had dismissed the complaint under Rule 19A, finding no reasonable prospect of success based on a previous test case (Espey) that upheld the mandatory retirement provision as a bona fide occupational requirement.
The Divisional Court held that the Tribunal's decision was reasonable, as the applicant failed to provide evidence demonstrating that the result in his case would differ from the established precedent.
