Retired LCBO worker’s human rights complaint dismissed as Human Rights Tribunal reaffirms jurisdictional limits
August 19, 2025
The Ontario Human Rights Tribunal (the “Tribunal) reaffirmed its lack of jurisdiction to review decisions under disability-based benefit programs as it dismissed the application of a former LCBO worker who was denied a disability pension by OPTrust.
OPTrust denied the worker’s application for a disability pension after his 2018 retirement. The worker followed up in 2022 by launching a human rights complaint, alleging that the pension administrator had discriminated against him by failing to accept his permanent disability and denying him a disability pension.
The Tribunal dismissed the application, finding that it did not have jurisdiction to consider the matter as its jurisdiction is limited to enforcement of the Ontario Human Rights Code (the “Code”). Rather than identifying any policies or systemic practices by OPTrust based on prohibited grounds, the complaint appeared to be alleging a misapplication of the benefits program rules or a misinterpretation of medical information by the decision-maker.
Reviewing case law on the subject, the Tribunal noted that the legislature never intended to give the Tribunal an appeal function to review of decisions under disability-based benefit programs.
Additionally, the Tribunal reaffirmed its previous holding that it does not have jurisdiction to assess whether a benefit program is “correct under the legislation, regulations or policies governing the program” nor does not have jurisdiction over “general allegations of unfairness unrelated to the Code”.
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