Date: 20001207

Docket: A-689-99

CORAM:      LINDEN, J.A.,

         ISAAC, J.A.,

         SHARLOW, J.A.

BETWEEN:

LANCE OLMSTEAD

     Appellant

     - and -

ATTORNEY GENERAL OF CANADA

     and

     CANADIAN HUMAN RIGHTS COMMISSION

     Respondents

Heard at Vancouver, B.C., on Thursday, December 7, 2000

REASONS FOR JUDGMENT delivered from the Bench at Vancouver, B.C. on Thursday, December 7, 2000

REASONS FOR BY:      SHARLOW J.A.

Date: 20001207

Docket: A-689-99

CORAM:      LINDEN, J.A.,

         ISAAC, J.A.,

         SHARLOW, J.A.

BETWEEN:

LANCE OLMSTEAD

     Appellant

     - and -

ATTORNEY GENERAL OF CANADA

     and

     CANADIAN HUMAN RIGHTS COMMISSION

     Respondents

     REASONS FOR JUDGMENT

     (Delivered orally from the Bench at

     Vancouver, British Columbia, on December 7, 2000)

SHARLOW, J.A.

Despite the able submissions of counsel for the appellant and the Commission, we are not persuaded that the Motions Judge erred in granting the Crown's motion for summary judgment. We accept that the constitutional issues the appellant attempted to raise are important ones. However, we are of the view that the Motions Judge was entitled in the summary judgment motion to consider the evidence as to the causal connection between the appellant's termination in 1995 and the provisions of the Queens Regulations and Orders dealing with the mandatory retirement age, because those were critical elements of the factual foundation for the appellant's constitutional argument. The Motions Judge reached a conclusion on that point that was reasonably open to him on the evidence. His conclusion removed the factual basis for the action which was therefore correctly dismissed. We conclude that this appeal must be dismissed with costs.

                                 (Sgd.) "K. Sharlow"

                                    J.A.

December 7, 2000

Vancouver, British Columbia