[1] The applicant filed a Request for Reconsideration of the Tribunal’s Decision, [2010 HRTO 1074](https://www.minicounsel.ca/hrto/2010/1074), pursuant to section 45.7 of the Ontario Human Rights Code R.S.O. 1990, c. H.19, as amended, (the “Code”).

[2] Section 45.7 of the Code provides the Tribunal with explicit authority to reconsider its decisions:

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.

[3] The Tribunal has issued rules governing Requests for Reconsideration as well as a Practice Direction to provide guidance to the community on the Tribunal’s exercise of its reconsideration powers.

[4] Rule 26 reads, in part, as follows:

26.5 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 and orders.

[5] The Tribunal’s Practice Direction on Reconsideration begins with the following statements:

Decisions of the Tribunal are generally considered final and are not subject to appeal. However, parties may request that the Tribunal reconsider a final decision it has made. Reconsideration is a discretionary remedy; there is no right to have a decision reconsidered by the Tribunal. Generally, the Tribunal will only reconsider a decision where it finds that there are compelling and extraordinary circumstances for doing so and where these circumstances outweigh the public interest in finality of orders and decisions.

Reconsideration is not an appeal or an opportunity for a party to repair deficiencies in the presentation of its case.

[6] In this Request for Reconsideration, the applicant relies on Rule 25.5(a) and (d).

[8] In Sigrist and Carson v. London District Catholic School Board, [2008 HRTO 34](https://www.minicounsel.ca/hrto/2008/34), the Tribunal confirmed that reconsideration is not an opportunity to re-argue a case. Once the parties to an application have had the opportunity to present their evidence and arguments to the Tribunal, and the Tribunal has made a decision disposing of the issues, parties are entitled to treat the matter as closed, subject to limited exceptions.

[9] At its core, the Request for Reconsideration is an attempt by the applicant to re-argue the case and appeal the Tribunal’s Decision. The applicant has not met the burden of establishing any of the factors set out in Rule 26(5). The Request for Reconsideration is denied.

Dated at Toronto, this 8^th day of November, 2010.

Leslie Reaume

Vice-chair

Patterson v. Ottawa Community Housing Corporation, 2010 HRTO 2234

Case Summary