Hutchison v. Ontario (Community and Social Services), 2010 HRTO 1262

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Melissa Hutchison

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services, Disability Adjudication Unit

Respondent

Reconsideration DECISION

Adjudicator: Ken Bhattacharjee

Date: June 3, 2010

Citation: 2010 HRTO 1262

Indexed as: Hutchison v. Ontario (Community and Social Services)

1The purpose of this Reconsideration Decision is to reconsider and reverse the Tribunal’s Decision, 2010 HRTO 865, dated April 20, 2010, which dismissed the Application.

2On March 16, 2010, the Tribunal mailed and emailed the applicant and her counsel a letter, which, among other things, stated: “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 the file.”

3On April 20, 2010, the Tribunal dismissed the Application on the basis that neither the applicant nor her legal counsel responded to the Tribunal’s March 16 letter.

4On April 26, 2010, the applicant’s counsel faxed the Tribunal a letter with attachments that confirmed that she had, in fact, sent the Tribunal correspondence within ten days of March 16.

5Rule 26.9 of the Tribunal’s Rules of Procedure provides that the Tribunal may reconsider a Decision on its own initiative where it considers it advisable and appropriate to do so. In the case at hand, it is advisable and appropriate for the Tribunal to reconsider the Decision on its own motion, and reverse it.

6The Tribunal therefore orders that its Decision, 2010 HRTO 865, dated April 20, 2010, which dismissed the Application, is reversed.

7The parties are directed to provide new availability dates for mediation to the Tribunal’s Registrar.

8I am not seized of this matter.