McAllister v. Maritime Employers Assn.
T-191-96
Rothstein J.
6/3/97
9 pp.
Collective agreement providing for mandatory retirement at age 65-Applicants, aged 65, 77, checkers at port of Saint John-As result of collective agreement, applicants' employment terminated on account of age-Canadian Human Rights Commission dismissing complaints of age discrimination, finding applicants reaching normal age of retirement within meaning of Canadian Human Rights Act, s. 15(c)-Relying on investigator's report saying union representative stating 65 normal retirement age, policy in force in all major eastern Canadian ports-Report not identifying material causing investigator to rely on statement-Respondent union revealing undisclosed correspondence between union, Commission concerning practice at other ports on second day of argument-Consisting of letter listing specific local unions at ports across Canada maintaining normal retirement age 65, and letter listing 20 employees at Saint John, ages at retirement, including several over 65-No obligation on Commission to systematically disclose to party every document obtained from another party-But unfairness arising if Commission failing to disclose material relevant to issue central to party's claim-Central issue herein whether retirement at 65 practice enforced for employees working in positions similar to applicants' at all other ports in Canada-Letters not providing anything further on issue of enforcement-Unsatisfactory for decision to refer only to unsupported allegations as basis for determination central to decision-Applicants not having opportunity to contest particulars causing investigator to rely on statements of union representative-Letters, other materials investigator must have relied on in making statements about retirement age, enforcement practices at other ports, should have been provided to applicants-In best interest of Commission that parties exchange comments-Commission taking 11 months before dismissing complaints-Commission notoriously slow in many of its proceedings-Court expecting redetermination to take place expeditiously-Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 3(1), 7, 9(1), 10, 15(c).