The Human Rights Tribunal of Ontario confirms it has no jurisdiction to review FSRA decisions
August 17, 2023
The Human Rights Tribunal of Ontario (HRTO) confirmed it has no jurisdiction to review decisions of the Financial Services Regulatory Authority (FSRA) of Ontario as it dismissed a complaint regarding refunds for overpayments of pension contributions.
The complainant originally used OMERS’ internal appeal process to challenge the pension plan’s repayment practices, before elevating the case to the Chief Executive Officer of FSRA. He then unsuccessfully challenged FSRA’s decision before the Financial Services Tribunal, and subsequently filed an application at the HRTO alleging discrimination against FSRA only.
In its decision, the HRTO concluded that it had no jurisdiction to hear the case on the basis of judicial immunity, since the application is challenging a decision that was made by FSRA in its adjudicative capacity.
Even if the applicant had named OMERS or his employer as respondents, the HRTO member wrote that he would still have dismissed the case, as the complaint failed to identify any factual basis linking the repayment practice to any grounds of discrimination protected by Ontario’s Human Rights Code.
Read the full decision at the link below:
