Webinar Recording

Constitutionality of Terminating Benefits at Age 65

Event Summary

More than a decade after the abolition of mandatory retirement in Ontario, the next revolutionary phase of age discrimination challenges has officially begun, with the May 18 2018 interim decision of Talos v. Grand Erie District School Board – a successful constitutional challenge to the statutory exception that previously allowed the termination of certain forms of benefits at age 65.

At the time mandatory retirement was abolished, and many employees elected to continue working past the traditionally accepted retirement age of 65, a statutory exception was put in place that allowed employers to limit the benefits which would be made available to employees over 65 years of age.  This allowed benefit plans to remain more affordable and sustainable.

In Talos, the Human Rights Tribunal of Ontario effectively struck down as unconstitutional this statutory exception, leaving many employers scrambling to figure out what the decision means for their own potentially-discriminatory benefit plans, and how to make changes in order to minimize risk of human rights liability.

In this complementary webinar, our panelists will unpack the Talos decision and provide valuable insight into what these new developments mean for both unionized and non-unionized workplaces whose benefit plans limit entitlements beyond age 65, including:

  • Explaining what benefits can still be terminated at age 65
  • Reviewing strategies for implementing timely adjustments to existing plans
  • Considering the implications on existing collective agreement obligations
  • Minimizing the risk of further human rights violations and constructive dismissal claims

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