HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ontario Human Rights Commission
Commission
-and-
David Lepofsky
Complainant
-and-
Toronto Transit Commission and Richard Ducharme
Respondents
INTERIM DECISION
Adjudicator: Alvin B. Rosenberg, Q.C.
Date: April 18, 2005
Citation: 2005 HRTO 11
Human Rights Tribunal of Ontario
400 University Avenue, 7th Floor
Toronto ON M7A 1T7
Phone (416) 314-0004 Fax (416) 314-8743 Toll free 1-800-668-3946
TTY (416) 314-2379 / 1-800-424-1168
E-mail hrto.registrar@jus.gov.on.ca
Website www.hrto.ca
APPEARANCES
Ontario Human Rights Commission ) Amyn Hadibhai, Counsel
David Lepofsky, Complainant ) On his own behalf
Richard Ducharme, and ) Angela Rae, Counsel
Toronto Transit Commission )
The motion is dismissed.
[1] Firstly, I have no jurisdiction to review my own decision under section 21.2(1) of the Statutory Procedures Act since the rules under 25(1) do not “Deal with the matter”.
[2] Secondly, even if I had jurisdiction I would not make the order sought. It is too late in the proceeding after the Complainant and the Commission have closed their case. Accordingly I would not in exercise of my discretion reconsider my earlier decision.
[3] This ruling does not rule regarding what may be appropriate questions or cross-examination. Also it does not rule on what may be relevant in regard to penalty or remedy should Toronto Transit Commission be found to have failed to accommodate.
Dated at Toronto, this 18th day of April, 2005.
“Signed by”
Alvin B. Rosenberg
Member