View cases - Stewart McKelvey

Page: 128JUDGMENTTHIS COURT ORDERS AND ADJUDGES that:1. ACPA’s application for judicial review is dismissed.2. Air Canada’s application for judicial review is dismissed, as it relates to the section 1Charter issue.3. Air Canada’s application for judicial review is granted, in part, as it relates to the2011 FC 120 (CanLII)Tribunal’s finding that Air Canada had not demonstrated that age was a bona fideoccupational requirement for its pilots.4. The question of whether age was a bona fide occupational requirement for AirCanada pilots after November of 2006 is remitted to the same panel of the Tribunal,if available, for re-determination in accordance with these reasons, on the basis ofthe existing record.5. Each party shall bear their own costs.“Anne Mactavish”Judge