Hodge Flashcards
What is the essence of the claim?
Respondent seeks survivor’s pension, by reason of the death of her former common law partner, who she was estranged from.
What is the significance of this case?
She compared herself to seperated marries spouses, who are entitled to receive the benefits if their seperated partner dies. The Court corrected her comparison, finding that she is more accurately in the situation of a divorced couple, because of the finality of her seperation from the common law marriage. She was not entitled to receive benefits.
Trociuk v BC
the impugned legislation permitted mothers to unacknowledge fathers by excluding their particulars from birth registration. Trociuk claimed discrimination on the basis of sex, succeeded with his claim.
Why can’t tort claims constitute a comparator group?
Because there is not proper alignment between the benefi sought and the ground of the alleged discrimination.
Lavoie v Canada
dealt with hiring preference for federal job, preferred hiring Canadian citizens. Claimants were applicants who were qualified for the job, save the fact that they were not Canadian citizens.
