Can employees over 65 be excluded from benefits?

This is a question that Lindsey Taylor, a lawyer at Fasken Martineau in Vancouver, set out to answer in her article, "Benefits for Older Employees - Can They be Excluded? (April 20, 2011), written for Fasken's HR Space publication.

The article addresses three arbitration awards:

• British Columbia Government and Service Employees' Union v. Peace River South School District No. 59, 2009 CLB 25477 (J. Hall, November 5, 2009)
• Canadian Union of Public Employees, London Civic Employees, Local 107 v. London (City) (B. Etherington ,June 20, 2010)
• Ontario Nurses' Association v. Municipality of Chatham-Kent and the Attorney General of Ontario, 2010 CLB 33134 (B. Etherington, October 31, 2010)