What is the test for determining whether older surviving spouses are disadvantaged compared to younger spouses?
British Columbia, Canada
The following excerpt is from Withler et al v. Attorney General of Canada, 2006 BCSC 101 (CanLII):
Part of the discrimination analysis includes consideration of whether the plaintiff group suffers from a pre-existing disadvantage, stereotyping, prejudice or vulnerability. In this case, the plaintiffs argue that older surviving spouses are disadvantaged compared to younger spouses. The plaintiff relies on the judgment in Law v. Canada where Iacobucci J. said “…those who are younger when they lose a spouse are more able to replace the income lost from the death of a spouse.”(¶ 103,104)
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