Taylor v. Humber River Regional Hospital, 2010 HRTO 2374

Human Rights Tribunal of Ontario

B E T W E E N:

Ezra Taylor Applicant

-and-

Humber River Regional Hospital, Frances Reinholdt, Kelly Kimens, Evangaline Andaya and Catherine Green Respondents

INTERIM DECISION

Adjudicator: Naomi Overend Date: November 30, 2010 Citation: 2010 HRTO 2374 Indexed as: Taylor v. Humber River Regional Hospital

1This is an Application filed on December 2, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). An Interim Decision was issued on October 7, 2010, 2010 HRTO 2052, deferring the Application pending the completion of the grievance process of a grievance, which was then underway (and which is ongoing).

2Subsequently, the applicant filed a Request for Order During Proceedings (Form 10) asking the Tribunal to amend his Application and reconsider the above-noted Interim Decision deferring his Application. Rule 26.1 states: "Any party may request reconsideration of a final decision of the Tribunal within 30 days from the date of the decision" [emphasis added]. In addition Rule 26.2 requires that all such requests for reconsideration "must be made in Form 20."

3Although the failure of the applicant to comply with the technical requirements of the Rules (i.e., he filed his request in a Form 10 rather than a Form 20) is sufficient basis for dismissing the request, the more significant problem with the applicant's request is that the Interim Decision he is asking to reconsider is not a final decision.

4Although the Tribunal has the authority to reconsider a decision (interim or final) on its own initiative (see Rule 26.9), the applicant has provided no information in his submissions on which the Tribunal would exercise its discretionary authority.

5Until such time as the Application is brought back on, the Tribunal cannot deal with any requests for order from the parties, including the applicant's request to amend his Application.