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Fasken Martineau partner retirement ruling could affect other firms
The decision of the Supreme Court of Canada that a Fasken Martineau partner can be forced to retire at 65 is being followed by many other LLPs as it is expected to apply to them as well.
The decision of the Supreme Court of Canada that a Fasken Martineau partner can be forced to retire at 65 is being followed by many other LLPs as it is expected to apply to them as well. meunierd
Under the 7-0 unanimous decision, the court held that Fasken Martineau DuMoulin could enforce a retirement age of 65 on an equity partner because that partner was an employer, and not an employee. Employees are covered by human rights legislation in these cases, but not employers. William Westeringh, the firm’s Vancouver managing partner, said: ‘We are satisfied with the decision, which reinforces our understanding of the law in British Columbia surrounding the terms of partnership agreements. This is an isolated issue that is unprecedented at Fasken Martineau.’ Source: Financial Post
