The appellant suffered a back injury and was temporarily disabled, preventing him from making regular Canada Pension Plan (CPP) contributions.
When his disability became permanent, he applied for a CPP disability pension but was denied for failing to meet the recency of contributions test.
He argued that the CPP's 'drop-out' provision, which exempts periods of severe and permanent disability from the contribution calculation, violated his s. 15(1) Charter equality rights by not extending the same exemption to persons with temporary disabilities.
The Supreme Court of Canada dismissed the appeal, holding that the distinction did not demean the dignity of persons with temporary disabilities and therefore did not constitute discrimination under s. 15(1).
