Jeffery Kraft v. CanPages Inc., 2010 HRTO 461

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jeffery Kraft

Applicant

-and-

CanPages Inc.

Respondent

RECONSIDERATION DECISION

Adjudicator: Alan Whyte

Date: March 2, 2010

Citation: 2010 HRTO 461

Indexed as: Kraft v. CanPages

[1] On December 9, 2009, the Tribunal issued its Decision in this Application, [2009 HRTO 2138](https://www.minicounsel.ca/hrto/2009/2138), dismissing the Application. The applicant has asked the Tribunal to reconsider its Decision.

background

[2] The Tribunal’s Decision found that the allegations set out in the Application, as clarified by the applicant’s submissions filed with the Tribunal, did not constitute reprisal within the meaning of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”).

THE REQUEST FOR RECONSIDERATION

[3] The Request for Reconsideration states that the Tribunal's Decision misconstrued the information that the applicant has supplied on two occasions to it. He indicates that he has verbal evidence to support his position.

4The respondent was not asked for submissions in response to the Request.

DECISION

[4] Under section 45.7 of the Code, the Tribunal may, at the request of a party or on its own initiative, reconsider its decisions in accordance with Tribunal’s Rules.

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.

[5] The Tribunal has issued Rules governing such requests as well as a Practice Direction to provide guidance to the community on the Tribunal’s exercise of its reconsideration powers (Practice Direction on Reconsideration, January 2008 amended June 2008). Most relevant to this Decision is Rule 26 which states:

26.1 Any party may request reconsideration of a final decision of the Tribunal within (thirty) 30 days of the date of the decision

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.

6The 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.

7In Form 20, the applicant asserts that paragraphs c) and d) of Rule 26.5 are applicable to this case.

8The applicant has not put forth any facts or submissions that would suggest that either of these paragraphs are engaged in the circumstances of this case.

9Having reviewed the Application and the applicant’s submissions filed with the Tribunal, I cannot find any allegations that would result in a finding of reprisal under the Code.

[7] In sum, I find that the applicant has not established the existence of any of the criteria in Rule 26 that would lead to reconsideration of the Tribunal’s Decision. The Request is denied.