FINANCIAL SERVICES TRIBUNAL

Citation: Abrams v. Ontario (Superintendent Financial Services), 2019 ONFST 5 FST File No. P0801-2018 Date: 2019/02/22

IN THE MATTER OF the Pension Benefits Act, R.S.O. 1990, c. P.8 (the “Act”);

AND IN THE MATTER OF a Notice of Intended Decision of the Superintendent of Financial Services to Refuse to Make an Order under section 87 of the Act, relating to the Colleges of Applied Arts and Technology Pension Plan, Registration Number 0589895 (the “Plan”);

AND IN THE MATTER OF a Hearing in accordance with subsection 89(8) of the Act.

B E T W E E N:

KENNETH ABRAMS

APPLICANT

and

SUPERINTENDENT OF FINANCIAL SERVICES

RESPONDENT

and

TRUSTEES OF THE COLLEGES OF APPLIED ARTS AND TECHNOLOGY PENSION PLAN

ADDED PARTY

BEFORE:

Paul Farley Chair of the Panel and Member of the Tribunal

WRITTEN SUBMISSIONS:

For the Applicant – No submissions filed

For the Superintendent of Financial Services – No submissions filed

For the Trustees of the Colleges of Applied Arts and Technology Pension Plan – No submissions filed

REASONS FOR DECISION

I. INTRODUCTION

1On January 16, 2019 I signed a Notice of Intention to Dismiss the Request for Hearing filed by the Applicant with the Tribunal on April 24, 2018. This Notice was sent to the Applicant by electronic mail and by regular mail (to the mailing address on his Request for Hearing) on the date the Notice of Intention to Dismiss was signed.

2The Applicant was advised in the Notice of Intention to Dismiss:

Take notice that you have the right to make written submissions to the Tribunal on the issue of whether the Tribunal should dismiss this proceeding without a hearing, provided they are received within 30 days of the giving of this notice.

After considering the submissions, if any, the Tribunal may dismiss the proceeding without further hearing or Notice.

3Rule 9.08 of the Rules of Practice and Procedure for Proceedings Before the Financial Services Tribunal provides that service by ordinary mail is effective five (5) days after mailing. In accordance with the Rule the Applicant was, therefore, deemed to have received the Notice of Intention to Dismiss on January 21, 2019. The time to make submissions expired February 21, 2019.

4The Applicant has made no submissions and is now out of time to make submissions.

II. ORDER

5Having received no submissions from the Applicant or any of the other Parties in response to the Notice of Intention to Dismiss dated January 16, 2019, and having considered the failure of the Applicant to take any steps to further the hearing as described in the Notice of Intention to Dismiss dated January 16, 2019, it is ORDERED that the Request for Hearing filed by the Applicant on April 24, 2018 be, and hereby is, dismissed.