What is the effect of a regulation requiring retirement for medical and allied staff as they reach age 65?
British Columbia, Canada
The following excerpt is from Hardie v. Summerland (District), 1985 CanLII 296 (BC SC):
My colleague McKenzie J. dealt with a similar situation in Stoffman v. Vancouver Gen. Hosp., [1985] B.C.W.L.D. 2826, B.C.S.C., Vancouver No. A851497, 4th July 1985 (not yet reported). In that case, a hospital regulation purported to enforce retirement of the medical and allied staff upon their reaching age 65. The petitioners brought an application for an interlocutory injunction to restrain the enforcement of the regulation pending the trial of the matter. Each of the petitioners was over 65 and one was 76. One issue that existed in that action and has some relevance in these proceedings is whether or not the Charter applied to an institution such as a hospital. This comes from s. 32(1)(b). It reads: 32.(1) This Charter applies … (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
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