Judicial review of WSIAT decision on age discrimination

Ontario’s Divisional Court [Gouthro v Workplace Safety and Insurance Appeals Tribunal et al, 2014 ONSC 7289] has upheld the WSIAT decision 512/06 that the age limits on recovery for LOE benefits do not violate the Charter of Rights, arguing that as an “insurance plan” it must base its policy on “sound actuarial evidence”. Currently, even though Ontario no longer has mandatory retirement at age 65, the Workplace Safety and Insurance Act ends entitlement to benefits at 65 and provides a two-year period for accidents occurring after age 63 – as noted in a Law Times article (July 14, 2014) other provinces treat the issue of age limitations differently. IWC’s John McKinnon suggests that the WSIAT decision is only binding in this case – until addressed by legislative changes, Charter arguments will continue to be made.