HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Azher Siddiqui
Applicant
-and-
Global Payments Incorporated, Jeffery Lockabaugh, Sheila Hawes, Ron Valley, Rob Scott and Bruce Nanton
Respondents
reconsideration DECISION
Adjudicator: Kaye Joachim
Indexed as: Siddiqui v. Global Payments
1This Decision addresses a Request for reconsideration of the Tribunal’s Decision, 2010 HRTO 1193, dismissing the Application on the basis that it was not filed with the Tribunal prior to the statutory deadline of June 30, 2009.
2On August 25, 2010, 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 provides that 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.
4This Request for Reconsideration was received after the 30 day deadline for filing a Request for Reconsideration. The applicant offered no explanation for the delay apart from pointing out that he had written a letter seeking reconsideration on June 14, 2010.
5The Request for reconsideration is untimely and is denied.
6In any event, the applicant has not offered any basis for the Tribunal to reconsider. The applicant merely reiterates the same facts and arguments that it submitted prior to the Decision.
7The Request for Reconsideration is dismissed.
Dated at Toronto, this 9th of November, 2010.
”signed by”_______________
Kaye Joachim
Member