OFST 2011

The appellant filed an appeal of a decision revoking his life insurance agent licence after the 30-day statutory deadline.

The Superintendent refused to consent to an extension of time.

The Tribunal held that under section 4(1) of the Statutory Powers Procedure Act, it lacks jurisdiction to extend the time limit for filing an appeal without the consent of all parties.

The appeal was dismissed for lack of jurisdiction.

The York University Faculty Association sought to have the Financial Services Tribunal hear an issue regarding mid-year retirees that was not included in the Superintendent's Notice of Proposal.

The Tribunal held that it lacked jurisdiction to hear the issue, as the Superintendent had not made a preliminary inquiry or decision on the matter.

The Tribunal declined to exercise any discretion to hear the issue as one of first impression, noting the applicant could still request the Superintendent to make an order under section 87 of the Pension Benefits Act.