Several firemen challenged a mandatory retirement policy under the Ontario Human Rights Code.

The Court found that the employer did not sufficiently justify the policy as a bona fide occupational requirement.

As part of the collective agreement between the borough and the union, all firefighters were required to retire at the age of 60.

The respondents defended their actions by arguing that the rule was a bona fide occupational requirement (BFOR).

In the Ontario Divisional Court, it was held that the policy was a BFOR and so did not violate section 4(1) of the Code.