Part 8:
analysis as to effectively allow Air Canada to unilaterally "set" the
"normal age of retirement
," contrary to the intentions of Parliament and
the purposes Paragraph 15(1 )(c) of the Act,
D. having chosen to use a statistically-based method of determining the
"normal age of retirement
," failing to narrowly construe the defence or
exception in Paragraph 15(1 )(c) of the Act so as to properly apply the
law to the facts of these complaints in the context of the purposes of
the Act and the intentions of Parliament in enacting the defence or
exception under Paragraph 15(1 )(c);
E
. in misconstruing the proper test required to determine which Canadian
airline pilots are "employees working in positions similar" to the
Applicants;
F in misconstruing the proper test required to determine that age 60 is
"
the normal age of retirement" for "employees working in positions
similar" to the Applicants and/or whether a "normal age of retirement"
for those employees even exists;
G. in concluding that the Respondent Air Canada had discharged its onus
under Paragraph 15(1)(c) of the
Actto demonstrate that age 60 is the
"
normal age of retirement for employees working in positions similar to
the position" of the Applicants;
H. by dismissing the Applicants' complaints, having erroneously found
that Air Canada had discharged its onus under Paragraph 15(1 )(c) of
the Act to demonstrate that age 60 is the "normal age of retirement for
employees working in positions similar to the position" of the
Applicants;
I. by dismissing the complaints
, having previously directed that
constitutional issue be addressed after the conclusion of dealing with
the issues in s. 15(1 )(c), s. 15(1 )(a) and s. 15(2) of the Act, and
J. such further and other grounds as counsel shall advise and this
Honourable Court shall permit.
15.
The Applicants plead and rely on:
A. Sections 18 and 18.1 of the Federal Courts Act, R.S.C. 1985,
c. F
-7, as amended;
B. Rules 300 and 317 of the Federal Court Rules, SOR/98-106;
C. Paragraph 15(1 )(c) of the
Canadian Human Rights Act, and
D. Such further and other statutes as counsel may advise and as this
Honourable Court may permit.
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