Melrose Scott wanted to stay on with the Potash Corporation of Saskatchewan beyond its mandatory retirement age to increase his pension. But on Friday the Supreme Court agreed with the company's position that its retirement requirement was based not on age discrimination but on funding limitations of its pension plan, Canwest news service reported.

Every Canadian province but Nova Scotia has banned mandatory retirement. But several of them, including New Brunswick, Alberta, Prince Edward Island and Newfoundland and Labrador allow exceptions when a company's pension plan is designed around retirement at age 65.