Vilven v. Air Canada

Vilven v. Air Canada

ACPA was added as an interested party because it is a signatory to the collective agreement containing mandatory retirement provisions and therefore has an obvious interest in the proceedings; Fly Past 60 Coalition was also added as an interested party based on the Commission's support and its representational interest. Both are permitted to fully participate in the hearing to the extent their participation is not duplicative, and disclosure schedules remain as set with any change to be addressed at the scheduled conference call.

Citation
2006 CHRT 47
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
20 October 2006
Procedural Posture
Human Rights Complaint / Interested Party Status Ruling (pre Hearing)
Outcome
ACPA and Fly Past 60 Coalition added as interested parties; permitted full participation subject to non-duplication; disclosure schedules set; conference call set to consider any disclosure changes.
Legal Topics
Age Discrimination, Mandatory Retirement, Interested Party Status, Collective Agreement, Disclosure Schedule
Source Language
English
Human Rights Employment Law Administrative Law Age Discrimination Mandatory Retirement Interested Party Status Collective Agreement Disclosure Schedule

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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 / Interested Party Status Ruling (pre Hearing)

Legal Issues

  1. 1 Whether Air Canada Pilots Association (ACPA) 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 for added interested parties

Ratio Decidendi

ACPA was added as an interested party because it is a signatory to the collective agreement containing mandatory retirement provisions and therefore has an obvious interest in the proceedings; Fly Past 60 Coalition was also added as an interested party based on the Commission's support and its representational interest. Both are permitted to fully participate in the hearing to the extent their participation is not duplicative, and disclosure schedules remain as set with any change to be addressed at the scheduled conference call.

Court Disposition

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

Orders

  • Air Canada Pilots Association added as an interested party
  • Fly Past 60 Coalition added as an interested party