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McCormick v Fasken Martineau DuMoulin LLP
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is a landmark decision of the Supreme Court of Canada in distinguishing relationships of partnership from those of employment.
==Background==
In 1979, McCormick became an equity partner at the law firm Fasken Martineau. Subsequently, in the 1980s, the equity partners voted to adopt a provision in their Partnership Agreement that required equity partners to retire as equity partners and divest their ownership shares at the end of the year in which they turned 65. A partner could make individual arrangements to continue working as an employee or as a "regular" (i.e., non-equity) partner, but such arrangements were stated in the Agreement to be the exception rather than the rule. In 2009, when he was 64, McCormick brought a complaint to the British Columbia Human Rights Tribunal arguing that this provision constituted age discrimination in employment, contrary to s. 13(1) of the province's ''Human Rights Code''.
The law firm applied to have the complaint dismissed on the grounds that, as an equity partner, McCormick was not in a workplace relationship covered by the ''Code''.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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