Two firefighters were compulsorily retired at age 60 pursuant to a collective agreement.
They filed complaints under The Ontario Human Rights Code alleging age discrimination.
The employer argued that the mandatory retirement age was a bona fide occupational qualification under s. 4(6) of the Code.
The Supreme Court of Canada held that the employer failed to adduce sufficient evidence, such as statistical and medical data, to justify the mandatory retirement age.
The Court also held that parties cannot contract out of the Code's provisions through a collective agreement, as it is a public statute enacted for the benefit of the community.
