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Supreme Court of Canada Dismisses Appeal and Concludes That a Partner is Not an Employee of a Partnership

On May 22, 2014, the Supreme Court of Canada upheld the British Columbia Court of Appeal's decision that an equity law firm partner is not an employee for the purposes of the B.C.'s Human Rights Code (the Code).

In 2009, Mr. McCormick filed a complaint with the B.C. Human Rights Tribunal alleging that the law firm in which he was an equity partner, Fasken Martineau DuMoulin LLP, discriminated him based on his age by requiring him to retire at 65.

For more background regarding the case, please see our previous blog posts where we wrote about the Court of Appeal's decision and the decision of the Supreme Court.
The Supreme Court of Canada Decision
The issue before the Supreme Court of Canada was to determine if Mr. McCormick's relationship with his firm, as an equity partner, was an employment relationship. The Code prohibits discrimination on certain prohibited grounds (including age) in respect of employment.

The Court upheld the Court of Appeal's finding that Mr. McCormick was not ...

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