King v. Ontario (Superintendent Financial Services), 2015 ONFST 11

In this case, the applicant (King) filed a request for review of the Financial Services Tribunal’s (FST) decision dismissing King’s request for a written hearing. The FST had also issued a notice of intention to dismiss King’s request for a hearing relating to his pension. In his request for review, King requested that the matter either be continued as a written hearing or as an electronic hearing.

King lives in Jamaica, is self-represented, elderly and in poor health; however, this case turned largely on disputed facts and a written hearing would not permit cross-examination or credibility assessments of witnesses. For these reasons, the FST denied King’s request for a written hearing. The FST was prepared to consider King’s request for an electronic hearing and, after obtaining satisfaction that adequate facilities were available in both Toronto and Jamaica to conduct a two-day hearing by way of an uninterrupted and clear audio and video connection, the FST granted King’s request for an electronic hearing. Pursuant to the FST’s order, King is responsible for all audio and video conferencing-related costs incurred in Jamaica.

Financial Services Tribunal Decision