Lorin Soura v. Coffee Time Donuts Incorporated, 2010 HRTO 124

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lorin Soura

Applicant

-and-

Coffee Time Donuts Incorporated

Respondent

RECONSIDERATION DECISION

Adjudicator: Mary Truemner

Date: January 19, 2010

Citation: 2010 HRTO 124

Indexed as: Soura v. Coffee Time Donuts

1The applicant has requested that the Tribunal reconsider its Decision dated November 18, 2009, 2009 HRTO 1957. In that Decision, the Tribunal noted that the applicant had failed to attend a scheduled mediation on October 14, 2009, and then failed to respond to a Registrar's letter dated October 20, 2009 to advise of his intentions with respect to the Application. In that letter, the Tribunal requested that the applicant advise whether he wanted the Tribunal to reschedule mediation or schedule the Application directly for a hearing. The letter also stated the following:

The Tribunal draws your attention to Rule 5.4 of the Tribunal’s Rules of Procedure:

5.4 The Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

If you do not respond within ten days of the date of this letter, the Tribunal will deem you to have abandoned the Application and close this file.

2Given the absence of any communication from the applicant, the Tribunal deemed the Application to be abandoned and dismissed it.

3On November 20, 2009, the applicant filed a Request for Reconsideration which indicates, among other things, that he did not receive the October 20, 2009 Registrar's letter. He therefore takes the position that through no fault of his own, he did not receive notice of the required steps to be taken by him. The Request for reconsideration was delivered to the respondent and the time for any response to it has now passed.

4Upon a review of the Tribunal’s file, it is apparent that a staff member received a phone call on October 22, 2009 from the applicant who excused himself for missing the mediation on October 14, 2009, and inquired about the status of his file. Tribunal staff told him that he would soon be receiving a letter from the Tribunal referring to the letter of October 20, 2009. This information was not before me at the time of the Decision dismissing the Application.

5While the letter of October 20, 2009 was not returned to the Tribunal, I accept the applicant’s evidence that he never received it. Further, having regard to the additional information of the telephone call on October 22, 2009, I am satisfied that the applicant did not intend to abandon his Application. The Tribunal therefore allows the Request for Reconsideration.

6The Tribunal will send a copy of this Reconsideration Decision and a copy of the letter dated October 20, 2009 to the applicant by e-mail, which is the preferred method of delivery indicated by the applicant in his Application, by regular mail and by courier. The applicant has 10 days from the date he receives this Reconsideration Decision with the Tribunal’s October 20, 2009 letter to file a reply to that letter and deliver it to the respondent.

7I am not seized.