Pascal Adorgloh v. Sentrex Communications Inc., 2010 HRTO 2289

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pascal Adorgloh

Applicant

-and-

Sentrex Communications Inc.

Respondent

RECONSIDERATION DECISION

Adjudicator: David A. Wright

Date: November 17, 2010

Citation: 2010 HRTO 2289

Indexed as: Adorgloh v. Sentrex Communications

1On November 2, 2010, the Tribunal issued a decision dismissing the Application as a result of the applicant’s failure to attend on a conference call: 2010 HRTO 2185.

2On November 16, 2010, the applicant filed a Request for Reconsideration noting that he had written to the Tribunal on October 15, 2010, requesting that the call be rescheduled. The request was not copied to the respondent as required by the Tribunal Rules. The Registrar will forward a copy of the request to the respondent.

3The applicant is correct that he filed a request that the call be rescheduled. The request was made appropriately pursuant to the Tribunal’s Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournments. It appears that as a result of an administrative error, the applicant’s request was not dealt with and was not placed in the Tribunal’s file. The Tribunal apologizes to the parties for the error and the inconvenience caused.

4Rules 26.9 and 26.10 read as follows:

26.9 The Tribunal may reconsider a decision on its own initiative where it considers it advisable and appropriate to do so.

26.10 Where the Tribunal decides to reconsider a decision on its own initiative, it will determine a procedure for rehearing all or part of the matter, which will include an opportunity for the parties to make submissions.

5As a result of its error in failing to respond to the request to reschedule when it was properly made by the applicant according to the Tribunal’s policies, the Tribunal reconsiders its decision of November 2, 2010 and will schedule a new conference call to hear the merits of the Application, as directed in the Case Assessment Direction of April 27, 2010. The call will be scheduled for the earliest possible date.

6I am not seized.