Howard v. Halton Condominium Corporation No. 59, 2009 HRTO 1616

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Teresa Howard

Applicant

-and-

Board of Directors, Halton Condominium Corporation No. 59, Wilson Blanchard Management and Robert Wilson

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: October 7, 2009

Citation: 2009 HRTO 1616

Indexed as: Howard v. Halton Condominium Corporation No. 59

1In this Application, the respondents have filed a Request for Reconsideration of the Tribunal’s Interim Decision, 2009 HRTO 966, dated July 3, 2009 (the “July 3 decision”).

2Section 45.7 of the Human Rights Code, R.S.O. 1990, c. H.19 (the “Code”) provides the Tribunal with explicit authority to reconsider its decisions:

45.7 (1) Any party to a proceeding before the Tribunal may request that the Tribunal reconsider its decision in accordance with the Tribunal rules.

(2) Upon request under subsection (1) or on its own motion, the Tribunal may reconsider its decision in accordance with its rules.

3Further to its power to make rules, the Tribunal has issued rules governing Requests for Reconsideration as well as a Practice Direction to provide guidance to the community on the Tribunal’s exercise of its reconsideration powers.

4Rule 26.1 provides that any party may request reconsideration of a final decision of the Tribunal within 30 days from the date of the decision. The July 3 decision denied the respondents’ request to defer the Application pending completion of arbitration proceedings under the Ontario Condominium Act, 1998. This is not a final decision for which a Request for Reconsideration is available. It does not dispose of any of the issues raised by the applicant. It is procedural in nature, making a direction as to the processing of the Application: see Sigrist and Carson v. London District Catholic School Board et al., 2008 HRTO 34.

5However, I will treat the Request for Reconsideration as a renewal of the request to defer the Application, based on facts or events subsequent to the July 3 decision. The applicant is directed to provide a written response to the request to defer, delivered to the respondents and filed with the Tribunal by October 20, 2009.

The respondents may reply in writing by October 27, 2009.