Partnership cannot discriminate against partners
The partnership agreement at Fasken Martineau DuMoulin requires partners to retire at 65. Upon reaching the age of 65, McCormick wished to continue working at the Firm. He challenged the mandatory retirement provision as discriminatory on the ground of age. The Firm responded, arguing that the human rights protection of the Code did not extend to the partners of the Firm, as they were not employees. The BC Court of Appeal agreed with the Firm, holding that a partnership is not able to employ a partner. Therefore, McCormick was not able to claim discrimination in his employment on the basis of age, and the Tribunal did not have jurisdiction to decide the issue. McCormick’s complaint was dismissed.