Gilbert McIntyre v. Ontario Teachers’ Pension Plan Board and Michael McAllister, 2009 HRTO 943

Human Rights Tribunal of Ontario

B E T W E E N:

Gilbert McIntyre Applicant

-and-

Ontario Teachers’ Pension Plan Board and Michael McAllister Respondents

INTERIM DECISION

Adjudicator: Brian Cook Date: July 8, 2009 Citation: 2009 HRTO 943 Indexed as: McIntyre v. Ontario Teachers’ Pension Plan Board

1This Interim Decision deals with a request to dismiss an Application filed on June 3, 2009 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended. The respondents submit that the substance of the Application has been dealt with by the Financial Services Commission of Ontario (FSCO).

2The applicant is a retired teacher who receives a pension from the Ontario Teachers Pension Plan Board, the organizational respondent. He has a long standing dispute regarding the calculation of his pension. In August 2008 he filed a complaint with FSCO. Following an investigation, FSCO determined that the pension entitlement had not been miscalculated. The respondents submit that FSCO is the appropriate body to investigate complaints about the calculation of pension entitlement and that it has appropriately dealt with the applicant’s concerns.

3From the Application it is clear that the applicant continues to dispute the calculation of his pension. However, the Application pertains to an incident that occurred on August 15, 2008, when he visited the respondents’ office, seeking information about his pension. He alleges that he was subjected to discriminatory behaviour on that occasion on the basis of his race, colour, ethnic origin and age. He further alleges that he has continued to experience discrimination in regards to his ongoing relationship with the respondents.

4The applicant does not allege discrimination in regard to the calculation of his pension. He rather alleges discrimination in regard to the events on August 15, 2008 and his ongoing relationship with the respondents. The FSCO investigation did not deal with these issues. The FSCO investigation did not therefore deal with the substance of the Application. The request to dismiss is accordingly denied.