Kaj v. Orsini Bros. Inns, 2009 HRTO 393

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joanne Kaj

Applicant

-and-

Orsini Bros. Inns Inc. o/a Doubletree Resort Lodge & Spa, Robert Orsini and Jennifer Hipwell

Respondents

reconsideration DECISION

Adjudicator: Kaye Joachim Date: April 6, 2009 Citation: 2009 HRTO 393 Indexed as: Kaj v. Orsini Bros. Inns

INTRODUCTION

1On February 18, 2009, the Tribunal issued an Interim Decision (2009 HRTO 170) deferring the Application pending the conclusion of a proceeding under the Employment Standards Act (the “ESA” proceeding).

2On March 20, 2009, the applicant filed a Request for Reconsideration of the Tribunal’s Interim Decision, as provided for in section 45.7 of the Human Rights Code, R.S.O. 1990, c.H-19, as amended (the “Code”). The basis for the Request was that the ESA proceeding had been adjourned indefinitely. On March 23, the ESA proceeding was rescheduled for June 3, 2009.

DECISION

3The Request for Reconsideration is dismissed.

4Rule 25.1 provides that a party may request reconsideration of a final decision. The Interim Decision deferring an Application is not a final decision and will be reconsidered simply because the alternative proceeding was adjourned.