The respondent sought early dismissal of the human rights application under s. 45.1 of the Human Rights Code, arguing that a prior complaint to the Financial Services Commission of Ontario (FSCO) regarding the Ontario Pension Benefits Act had appropriately dealt with the substance of the application.
The Tribunal denied the request, finding that the FSCO proceeding did not address the applicant's core allegation that his exclusion from the defined benefits pension plan constituted age discrimination.
