The appellant employer provided an income replacement insurance policy that terminated benefits for mentally disabled employees after two years unless they were institutionalized, while physically disabled employees received benefits until age 65 regardless of institutionalization.
The respondent, who became mentally disabled, filed a human rights complaint alleging discrimination.
The Supreme Court of Canada held that the insurance plan discriminated on the basis of mental disability contrary to s. 16(1) of the Saskatchewan Human Rights Code, as the true purpose of the plan was to insure against the income-related consequences of disability generally, making the distinction between mental and physical disabilities discriminatory.
