Robert Keel

The applicant, a retired teacher, alleged that the survivor benefit provisions of the Ontario Teachers' Pension Plan discriminated on the basis of sex and marital status.

The respondents sought early dismissal on the basis that the application was filed outside the one-year limitation period under section 34 of the Human Rights Code.

The Tribunal found that the alleged discrimination did not constitute a series of incidents, but rather a single incident with continuing effects that occurred either upon the applicant's retirement or his subsequent remarriage.

As the application was filed more than a year after these events and the applicant failed to establish a good faith reason for the delay, the application was dismissed as untimely.

The parties jointly requested clarification of a previous Tribunal decision regarding the appropriate special education placement for a student with Autism.

The parents questioned whether the Tribunal had ordered placement in a mixed exceptionalities class of sixteen or an Autism class of six.

The Tribunal clarified that it ordered a small, separate class focusing on communication and social interaction, which was not strictly limited to six students but was not to be as large as sixteen, and was based on student learning needs rather than specific exceptionality categories.