Human Rights Tribunal dismisses application alleging discrimination based on disability in pension division dispute
March 23, 2026
The Human Rights Tribunal of Ontario (“Tribunal”) has dismissed an application alleging discrimination in goods, services, and facilities based on disability arising from a dispute over whether the applicant is entitled a portion of her former spouse’s pension.
The applicant sought a division of her former spouse’s pension under the Ontario Teachers’ Pension Plan and argued that the pension plan administrator’s requirement for a court order or valid separation agreement failed to accommodate her disability. It was not clear to the Tribunal why the applicant believed she received adverse treatment from the plan administrator because of her disability.
The Tribunal noted that this was a family law issue – a dispute over equalization of net family property (including pension benefits) – that was a matter for the Ontario Superior Court (“Court”) under the Family Law Act. The Tribunal determined that requiring compliance with the Family Law Act or Pension Benefits Act does not, “without more”, constitute discrimination under the Human Rights Code and that the Tribunal cannot be used to review or appeal a decision of the Court.
The Tribunal dismissed the application as outside of the Tribunal’s jurisdiction.
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