Supreme Court of Canada upholds mandatory retirement for partnerships

A Supreme Court of Canada decision on Thursday reinforces the right of big law firms and other partnerships to force out senior partners at age 65, a practice many Canadian businesses rely on to make room for new blood at the top.

Justice’s Abella’s test is an important development for human rights and employment lawyers, says Gillian Hnatiw, a partner with Lerners LLP in Toronto. “The Court doesn’t want the Tribunal getting lost in the trees by focusing on the functional aspects of the relationship and just ticking a bunch of boxes. They want them to step back and see the forest.”

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