der von Felix v. International Financial Data Services (Canada), 2010 HRTO 362

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hans Harry der von Felix

Applicant

-and-

International Financial Data Services (Canada) Limited, Gregory Peck, Eileen Collins and Christina Armour

Respondents

reconsideration DECISION

Adjudicator: Kaye Joachim

Date: February 17, 2010

Citation: 2010 HRTO 362

Indexed as: der von Felix v. International Financial Data Services (Canada)

1This Decision addresses a Request for Reconsideration of the Tribunal’s Decision 2009 HRTO 1525, dated September 23, 2009 dismissing the Application.

2On February 4, 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 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.

4The applicant has not given any explanation why this Request for Reconsideration was not filed within 30 days. It has now been over four months since the Case Resolution Conference Decision was issued.

5On this basis alone, I would deny the Request for Reconsideration.

6Even if the Request had been made in a timely manner, the reasons for the reconsideration do no meet the factors set out above. There is no allegation of a conflict with established jurisprudence, that the decision involves a matter of general or public importance, or any indication of new evidence.

7Rather, the applicant simply disagrees with the Decision. This is not a basis for Reconsideration.

8Accordingly, the Request for Reconsideration is denied.