Christopher Newman v. Ontario Hockey Federation, 2009 HRTO 1721

Human Rights Tribunal of Ontario

B E T W E E N:

Christopher Newman Applicant

-and-

Ontario Hockey Federation Respondent

A N D B E T W E E N:

Christopher Newman Applicant

-and-

Ontario Hockey Association and Ontario Hockey Federation Respondents

A N D B E T W E E N:

Christopher Newman Applicant

-and-

Sault Ste. Marie Major Hockey Association Respondent

A N D B E T W E E N:

Christopher Newman Applicant

-and-

Soo Thunderbirds Hockey Club Inc. and Northern Ontario Hockey Association Respondents

Interim Decision

Adjudicator: David Muir Date: October 20, 2009 Citation: 2009 HRTO 1721 Indexed as: Newman v. Ontario Hockey Federation

Reasons for Decision

1These Applications were filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in the provision of goods, services and facilities. This Interim Decision deals with a Request for Order during Proceedings filed by the applicant on August 26, 2009, requesting that the Tribunal's earlier Interim Decision, 2009 HRTO 1288 (the "Interim Decision"), be set aside.

2At a teleconference hearing held in respect of these Applications on August 11, 2009, the respondents requested that these Applications be deferred pending the determination of four Applications filed under section 53(5) of the Code by the applicant (the "transitional Applications"). The applicant, although given Notice of the telephone hearing, chose not to attend.

3In the Interim Decision, the Tribunal ordered that these Applications, along with all Requests for Orders During Proceeding related to these Applications, be deferred pending the determination of the preliminary issues in the transitional Applications.

4This Request, although brought pursuant to Rule 19, is in substance a request for reconsideration of the Interim Decision. Section 45.7 of the Code provides the statutory authority for the reconsideration of a Tribunal decision.

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.

5The Tribunal's Rules provide that a reconsideration request may be made in respect of a final decision of the Tribunal. A final decision is one that "disposes of some or all of the central issues in the complaint as between the parties": Sigrist and Carson v. London District Catholic School Board, 2008 HRTO 34 at para. 41. The decision at issue is not in any sense final and on that basis the request for reconsideration is dismissed.

6I am not seized of these Applications.