William Xie v. Sharon Kan, 2009 HRTO 2274

Human Rights Tribunal of Ontario

B E T W E E N:

William Xie Applicant

-and-

Sharon Kan Respondent

RECONSIDERATION decision

Adjudicator: Judith Keene Date: December 30, 2009 Citation: 2009 HRTO 2274 Indexed as: Xie v. Kan

INTRODUCTION

1On November 4, 2009, the Tribunal issued a Decision, 2009 HRTO 1868, finding that the applicant had not proved that the respondent breached sections 5 and 9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"). The applicant has filed a Request for Reconsideration of this Decision.

2In his Request for Reconsideration, the applicant states that some evidence given by the respondent was "fake", and he repeats his position that the respondent was not telling the truth. He also maintains that some part of the testimony of one of the witnesses was inconsistent with the will-say statements filed by the respondent before the hearing. He maintains that I should not have believed the witnesses of the respondent.

3The applicant has headed one section of his submissions "new facts and evidence"; however this section discusses material that was part of the record for the Application, and was considered in making the decision

REQUEST FOR RECONSIDERATION

4Section 45.7 of the Code allows any party to a proceeding before the Tribunal to request it reconsider its decision. The Rules elaborate on the conditions and requirements of such a request. Pursuant to Rule 26.5, 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.

5It is also useful to consider the Tribunal's Practice Direction on Reconsideration, which states in part:

Decisions of the Tribunal are generally considered final and are not subject to appeal. However, parties may request that the Tribunal reconsider a final decision it has made. Reconsideration is a discretionary remedy; there is no right to have a decision reconsidered by the Tribunal. Generally, the Tribunal will only reconsider a decision where it finds that there are compelling and extraordinary circumstances for doing so and where these circumstances outweigh the public interest in finality of orders and decisions.

Reconsideration is not an appeal or an opportunity for a party to repair deficiencies in the presentation of its case.

DECISION

6On the material before me, I am not satisfied that any of the conditions listed in Rule 25.5 exist in this case.

7In view of the above, the Reconsideration Request is denied.