Hossam Shaltout v. Toronto Community Housing Corporation, 2010 HRTO 293

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hossam Shaltout

Applicant

-and-

Toronto Community Housing Corporation,

Anushia Mohan, Karen Philips and Mary Roknic

Respondents

Reconsideration decision

Adjudicator: Keith Brennenstuhl

Date: February 9, 2010

Citation: 2010 HRTO 293

Indexed as: Shaltout v. Toronto Community Housing

1This Decision addresses a Request for reconsideration of the Tribunal’s Decision, 2009 HRTO 2245, dismissing the Application.

2On January 19, 2010 the applicant filed a Request for reconsideration under section 45.7 of the Ontario Human Rights Code, R.S.O, c. H.19, as amended (the “Code”), which states:

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 under Section 53(3) and 53(5) of the Code provides 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 procedures 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.

4In his Request, the applicant submitted further evidence that he claims supports his contention that the Landlord and Tenant Board did not appropriately deal with the substance of his Application as contemplated by section 45.1 of the Code.

5There is no evidence that this additional material could not reasonably have been obtained prior to the Hearing and therefore it is not admissible at this stage. Notwithstanding this conclusion, I have reviewed the material provided and am satisfied it would not have changed the result had it been available at the hearing.

6The applicant has not provided any submissions that bear on the factors outlined in Rule 25. He participated fully and actively in the hearing and presented his evidence. The applicant does not allege any factor that outweighs the public interest in the finality of Tribunal decisions. The essence of the applicant’s submission is that he disagrees with my decision. That is not a basis for reconsideration.

7The Request for reconsideration is denied.