Human Rights Tribunal of Ontario
B E T W E E N:
Paul Kingston Applicant
-and-
Wabco Freight Car Products Respondent
INTERIM DECISION
Adjudicator: Naomi Overend Date: November 15, 2011 Citation: 2011 HRTO 2070 Indexed as: Kingston v. Wabco Freight Car Products
WRITTEN SUBMISSIONS
Paul Kingston, Applicant ) Daniel Lubin, Counsel Wabco Freight Car Products, Respondent ) Philip J. Wolfenden, Counsel
1The applicant filed this Application on February 18, 2011 alleging discrimination in employment on the basis of age contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
SECTION 45.1
2The respondent filed a Response seeking early dismissal of the Application on the basis that another proceeding had appropriately dealt with the substance of the Application. The applicant (and a co-worker) filed a complaint around the same time with the Financial Services Commission of Ontario (“FSCO”) alleging a breach of sections 29 and 31 of the Ontario Pension Benefits Act, R.S.O. 1990 c. P-8 (“the Act”).
3The issue before FSCO was whether the respondent was in breach of the Act by refusing to provide the two employees with a copy of the pension plan documentation and removing them from the plan even though they are eligible members of it. FSCO issued a ruling on June 3, 2001 in which it determined that the respondent was not in contravention of the Act. Neither the complaint nor the ruling made any reference to whether there was discrimination on the basis of age.
4Section 45.1 of the Code states:
45.1 The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.
5The substance of the Application is that the decision to exclude the applicant from the respondent’s defined benefits pension plan is discrimination on the basis of age. The other proceeding has not dealt with that issue, either directly or indirectly.
6Accordingly, the respondent’s Request to dismiss the Application under s. 45.1 is denied and the Tribunal will continue to process this matter.
7I am not seized of this matter.
Dated at Toronto, this 15th day of November, 2011.
”signed by”____________
Naomi Overend Vice-chair