Retirement Age Ontario

There is no set retirement age in Ontario. This allows most employees, with specific exceptions, to continue working as long as they choose. 

This freedom is protected by the Ontario Human Rights Code (the “Code”) that prohibits age-based discrimination. Age-based discrimination occurs when a workplace policy or action unfairly denies workplace opportunities to employees on the basis of age. A mandatory retirement age constitutes age discrimination in violation of the Code. An employer’s only defence is to establish a bona fide occupational requirement. This means that the decision to enforce a mandatory retirement age must: (i) be logically linked to job performance, (ii) adopted in good faith for legitimate employment reasons, and (iii) the requirement is necessary for the performance of the work and does not impose undue hardship on the employer. 

For more information on the Human Rights Code, please visit Human Rights Lawyer Toronto.

Age and LTD Entitlements

Long term disability benefits (“LTD”) serve an essential purpose for individuals facing the inability to work due to illness or injury. However, a significant issue arises in several provincial regulations, exemplified by Ontario’s Employment Standards Act (“ESA”), which dictate the cessation of these benefits upon the policyholder reaching the age of 65. This abrupt cutoff of support raises significant concerns regarding both fairness and practicality, particularly given the growing trend of individuals opting to extend their careers beyond the traditional retirement age. Although many insurance policies enforce a termination clause at age 65, it’s essential to recognize that challenges can be mounted to argue for the entitlement of LTD benefits for individuals over this age threshold. 

For more information on LTD, please visit Long Term Disability Lawyer Toronto.

What Are My Legal Options If I Am Facing Forced Retirement?

Depending on the circumstances, there may be avenues for both civil and human rights remedies when faced with forced retirement.

In a civil lawsuit, you can pursue a legal action to claim outstanding severance entitlements and other damages. A human rights action may also be viable, encompassing general damages for injury to your dignity, emotional distress, and self-esteem, in addition to lost wages. Non-monetary remedies can also be available to address the discrimination.

Hear Andrew Monkhouse discuss your rights on retirement here: Retirement – Employment Law Issues

This article was written by Thomas Perry. Tom is licensed by the Law Society of Ontario and is an Employment Lawyer at Monkhouse Law.

Monkhouse Law is an employment law firm located in Toronto focusing on workers’ issues. Give us a call at 416-907-9249 or fill out this quick form. We offer a free 30-minute phone consultation.

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