Kris Persad v. Toronto Transit Commission, 2009 HRTO 582

Human Rights Tribunal of Ontario

B E T W E E N:

Kris Persad

Applicant

-and-

Toronto Transit Commission, Orest Romaniuk and Jim Bebell

Respondents

Reconsideration DECISION

Adjudicator: David Muir

Date: May 6, 2009

Citation: 2009 HRTO 582

Indexed As: Persad v. Toronto Transit Commission

1This Decision addresses a Request for reconsideration of the Tribunal’s Decision, 2009 HRTO 325, dismissing the Application on the basis that it was untimely.

2On April 15, 2009, the applicant filed a Request for reconsideration under section 45.7 of the Ontario Human Rights Code, R.S.O. 1990, c.H.19, as amended, (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 under Section 53(3) and 53(5) of the Code 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.

4Mr. Persad made no submissions touching on the criteria outlined above. The thrust of his submissions merely reiterate arguments made at the Case Resolution Conference hearing. It is evident that he disagrees with the outcome.

5The Request for reconsideration is denied.