What is the effect of reference to age in the test for determining whether a plaintiff is a person of a different age?

The defendants also suggest that the reference to age “infuses more of an objective analysis” into the test. However, references to age can also be found in the case law. In Smith v. Sabzali, [2005] O.J. No. 2014 (S.C.J.) Howden J. noted that the plaintiff was “engaging in the normal activities of life for a person of her age” (at para. 22). That age had been considered previously suggests that its inclusion in the regulation does not amount to any actual change. Further, age would be a personal characteristic of the plaintiff and suggest the continuation of a mixture of subjective and objective considerations, rather than a push for a more objective approach. Most