Divisional court rejects long-time educator's appeal from decision of the Financial Services Tribunal
March 27, 2023
In Monteiro v. CEO Financial Services Regulatory Authority, the Divisional Court rejected a long-time educator’s appeal from a decision of the Financial Services Tribunal.
The appellant worked on a part-time basis for various school boards beginning in 1970 but did not receive his teaching certification until 2003. Under the terms of the Ontario Teachers’ Pension Plan (“OTPP”), a person wishing to accrue pension credits was required to be “qualified as a teacher”. The OTPP allowed unqualified teachers to become qualified (and accrue pension credits) if the Minister of Education provided a “Letter of Permission” (“LOP”) granting them the right to teach for a limited period, but the appellant was not able to produce any LOPs issued to him during the period prior to receiving his certification.
The appellant claimed that the OTTP Board had the onus to prove that the appellant had not received the LOPs in order to deny his request for pension credits.
However, the Divisional Court’s three-judge panel concluded that the appellant bore the onus to prove his pension entitlement, and that there was no error in the Financial Services Tribunal’s earlier finding that he had failed to meet that burden
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