Henderson v. Ontario (Education), 2012 HRTO 2115

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

June Henderson

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Education, Ontario Teachers’ Pension Plan Board, and Ontario Teacher’s Federation

Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: November 7, 2012

Citation: 2012 HRTO 2115

Indexed as: Henderson v. Ontario (Education)

Written submissions

June Henderson, Applicant ) Robert G. Keel, Counsel

Ontario Teachers’ Pension Plan Board ) Elizabeth M. Brown , Counsel Respondent )

Ontario Teachers’ Federation, ) Murray Gold, Counsel Respondent )

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Application raises the same issues as 82 other Applications filed with the Tribunal, namely, whether the survivorship benefit provisions of the Ontario Teachers’ Pension Plan discriminate against the applicant on the basis of sex and marital status contrary to sections 1, 5(1), and 9 of the Code.

3The respondent Ontario Teachers’ Pension Plan Board, (“Board”), has filed a Request for an Order During Proceedings (“RFOP”) seeking the early dismissal of all 82 Applications as untimely pursuant to section 34(1) of the Code.

4In Group of Persons v. Ontario (Education), 2011 HRTO 2253 and McKenzie v. Ontario (Education), 2012 HRTO 1081, the Tribunal held that Ontario Teachers Survivor Benefit Group on behalf of Matthew O’Flanagan v. Ontario (Education). HRTO File number 2011-08892-I would proceed as a lead case on the issue of delay. The remaining 82 Applications would be held in abeyance pending the Tribunal’s determination of the lead case.

5The applicant has filed an RFOP asking that this Application also be held in abeyance pending the Tribunal’s determination of the lead case on delay.

6The Board has filed a Response to the RFOP. It does not object to this Application also being held in abeyance, but it wishes to reserve the right to file a Response to the Application and to seek its early dismissal because of delay. The Ontario Teachers’ Federation has filed a Response to the RFOP, adopting the Board’s submissions.

7The remaining respondent has not filed a Response to the RFOP and the time for doing so under the Tribunal’s Rules of Procedure has elapsed.

DECISION

8The Application will be held in abeyance pending the Tribunal’s determination of the lead case on delay.

9The respondents need not file Responses until directed to do so by the Tribunal.