Lawrence v. Chrysler Canada Inc., 2009 HRTO 1923

Human Rights Tribunal of Ontario

B E T W E E N:

Andrew Lawrence

Applicant

-and-

Chrysler Canada Inc., Rick Marshall, Dave Wallace and Gordon Kirby

Respondents

RECONSIDERATION DECISION

Adjudicator: Kaye Joachim Date: November 12, 2009 Citation: 2009 HRTO 1923 Indexed as: Lawrence v. Chrysler Canada

1This Decision addresses a Request for reconsideration of the Tribunal’s Decision 2009 HRTO 1590 dismissing the Application on the basis that the transitional provisions of the Ontario Human Rights Code, R.S.O. 1990, c.H.19, as amended, (the “Code”) prevented the applicant from filing the Application.

2On October 28, 2009, the applicant filed a Request for reconsideration under section 45.7 of the Code.

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.

3Rule 25 of the Tribunal’s Rules of Procedure for Transitional Applications provides any party may request reconsideration of a final decision of the Tribunal within 30 days of the date of the decision. Rule 25.5 provides:

A Request for Reconsideration will not be granted unless the Tribunal is satisfied that:

a. there are new facts or evidence that could potentially be determinative of the case and that could not reasonably have been obtained earlier; or

b. the party seeking reconsideration was entitled to but, through no fault of its own, did not receive notice of the proceeding or a hearing; or

c. the decision or order which is the subject of the reconsideration request is in conflict with established jurisprudence or Tribunal procedure and the proposed reconsideration involves a matter of general or public importance; or

d. other factors exist that, in the opinion of the Tribunal, outweigh the public interest in the finality of Tribunal decisions.

4The applicant disagrees with my decision but does not make any submissions which are responsive to the criteria set out in the above Rule. There is no basis for reconsideration.

5The Request for reconsideration is denied.