Vilven v. Air Canada

Vilven v. Air Canada

The Tribunal granted interested party status to both ACPA and the Fly Past 60 Coalition because ACPA, as a signatory to the collective agreement addressing mandatory retirement, has a direct interest, and the Coalition's involvement was supported by the Commission and was not shown to be impermissibly duplicative; both are permitted full participation subject to limits preventing duplication of evidence and submissions.

Citation
2006 CHRT 35
Parties
Complainant: George Vilven; Commission: Canadian Human Rights Commission; Respondent: Air Canada; Interested Party: Air Canada Pilots Association; Interested Party: Fly Past 60 Coalition
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
24 August 2006
Procedural Posture
Human Rights Complaint Under Canadian Human Rights Act / Application for Interested Party Status — Procedural Ruling
Outcome
ACPA and Fly Past 60 Coalition added as interested parties and permitted to participate fully subject to non-duplication; disclosure schedules set as ordered; conference call scheduled to consider any changes.
Legal Topics
Age Discrimination, Mandatory Retirement, Interested Party Status, Procedural Ruling, Disclosure Schedule
Source Language
English
Human Rights Employment Law Administrative Law Age Discrimination Mandatory Retirement Interested Party Status Procedural Ruling Disclosure Schedule

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

George Vilven

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Air Canada Pilots Association

Interested Party

Fly Past 60 Coalition

Interested Party

Procedural Posture

Human Rights Complaint Under Canadian Human Rights Act / Application for Interested Party Status — Procedural Ruling

Legal Issues

  1. 1 Whether Air Canada Pilots Association should be added as an interested party
  2. 2 Whether Fly Past 60 Coalition should be added as an interested party
  3. 3 Scope of participation of added interested parties

Ratio Decidendi

The Tribunal granted interested party status to both ACPA and the Fly Past 60 Coalition because ACPA, as a signatory to the collective agreement addressing mandatory retirement, has a direct interest, and the Coalition's involvement was supported by the Commission and was not shown to be impermissibly duplicative; both are permitted full participation subject to limits preventing duplication of evidence and submissions.

Court Disposition

ACPA and Fly Past 60 Coalition added as interested parties and permitted to participate fully subject to non-duplication; disclosure schedules set as ordered; conference call scheduled to consider any changes.

Orders

  • Air Canada Pilots Association is added as an interested party to the complaint.
  • Fly Past 60 Coalition is added as an interested party to the complaint.