HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Salvador Vizcaya
Applicant
-and-
University of Toronto and Corey Comely
Respondents
Reconsideration DECISION
Adjudicator: David Muir
Indexed as: Vizcaya v. University of Toronto
1This Decision addresses a Request for reconsideration of the Tribunal’s Decision dismissing the Application.
2On May 27, 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.
4The applicant’s submissions address none of the factors set out above.
5Accordingly the request for reconsideration is denied.
Dated at Toronto, this 6th day of July, 2009.
“Signed by”
David Muir
Vice-chair