A 2018 roundup of the top legal cases in the benefits industry
Benefits Canada talks to Fiona Campbell about the top 2018 benefits cases
Benefits Canada covers some of the top 2018 benefits cases in its recent edition. One of those cases, Talos v. Grand Erie District School Board, was particularly notable.
Talos was a case involving employees’ right to benefits after age 65. A provision of the Human Rights Code allowed employers to exclude employees over age 65 from certain group benefits. However, the Human Rights Tribunal of Ontario held that the provision was unconstitutional. It concluded that the provision violated the equality rights provisions of the Canadian Charter of Rights and Freedoms.
As Fiona Campbell noted in the Benefits Canada story:
“This [conclusion] was based primarily on the actuarial evidence, which established that the financial viability of benefits plans can be achieved without making those over 65 vulnerable to loss of benefits,” says Fiona Campbell, a partner at Goldblatt Partners LLP.