The appellant, an unqualified teacher who taught part-time credit courses between 1980 and 1989, sought retroactive pension credits from the Ontario Teachers' Pension Plan.
The Financial Services Tribunal dismissed his application, finding he required a Letter of Permission (LOP) for each year of service to be eligible for credits, and that he failed to prove he had been granted any LOPs.
On appeal to the Divisional Court, the appellant argued the Tribunal erred in its interpretation of the LOP requirement, the burden of proof, and the pension board's fiduciary duties.
The Divisional Court dismissed the appeal, holding that the Tribunal correctly applied the statutory requirements, properly placed the onus of proof on the appellant, and made no palpable and overriding error in its factual findings regarding the absence of LOPs and the board's conduct.
