Bailie et al. v. Air Canada and Air Canada Pilots Association

Bailie et al. v. Air Canada and Air Canada Pilots Association

Given the systemic overlap of issues across multiple Tribunal streams and pending judicial review and appeal proceedings that could provide definitive legal clarity, the Tribunal exercised its discretion to grant an adjournment with conditions as an exceptional but justified measure to avoid duplicative proceedings and to serve expeditious and efficient resolution of the broader litigation.

Citation
2012 CHRT 6
Parties
Complainants: William Charles Bailie et al.; Complainant: Eric William Rogers; Complainant: Robert Francis Walsh; Complainant: Dennis Smith; Commission: Canadian Human Rights Commission; Respondent: Air Canada; Respondent: Air Canada Pilots Association
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
29 March 2012
Procedural Posture
Canadian Human Rights Act Complaint Concerning Mandatory Retirement / Adjourned Pending Resolution of Related Judicial Review and Appeal Proceedings
Outcome
Adjournment granted with conditions
Legal Topics
Age Discrimination, Mandatory Retirement, Bona Fide Occupational Requirement (bfor), Adjournment, Judicial Review, Section 15(1)(c) CHRA, Charter S.1
Source Language
English
Human Rights Administrative Law Constitutional Law Employment Law Age Discrimination Mandatory Retirement Bona Fide Occupational Requirement (bfor) Adjournment +3 more

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Parties

William Charles Bailie et al.

Complainants

Eric William Rogers

Complainant

Robert Francis Walsh

Complainant

Dennis Smith

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Air Canada Pilots Association

Respondent

Procedural Posture

Canadian Human Rights Act Complaint Concerning Mandatory Retirement / Adjourned Pending Resolution of Related Judicial Review and Appeal Proceedings

Legal Issues

  1. 1 Whether section 15(1)(c) of the CHRA (normal age of retirement) is constitutional
  2. 2 Whether age 60 is the normal age of retirement for Air Canada pilots
  3. 3 Whether Air Canada and ACPA established a BFOR defence under s.15(1)(a)

Ratio Decidendi

Given the systemic overlap of issues across multiple Tribunal streams and pending judicial review and appeal proceedings that could provide definitive legal clarity, the Tribunal exercised its discretion to grant an adjournment with conditions as an exceptional but justified measure to avoid duplicative proceedings and to serve expeditious and efficient resolution of the broader litigation.

Court Disposition

Adjournment granted with conditions

Orders

  • ACPA shall keep the Tribunal apprised of the status of judicial review applications and appeals in the Vilven/Kelly and Thwaites matters, including any Reasons for Judgment.
  • Any party or the Tribunal may require the holding of a Case Management Conference Call after the release of Reasons for Judgment in any of the judicial reviews or appeals referred to above to re-assess the adjournment status.