Human Rights Tribunal of Ontario
B E T W E E N:
Tennyson Harris
Applicant
-and-
Eberspacher Exhaust Systems Canada Inc., Glen Retty and William Thom
Respondents
RECONSIDERATION DECISION
Adjudicator: Jay Sengupta
Indexed as: Harris v. Eberspacher Exhaust Systems
WRITTEN SUBMISSIONS BY
Tennyson Harris, Applicant ) Susan Balz, Counsel
1This is an Application filed on under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).
2The applicant failed to attend a mediation date and informed the Tribunal by telephone that he intended to withdraw his Application. The applicant was informed of the requirement under the Tribunal’s Rules of Procedure to file a Form 9 (Request to Withdraw) on June 30, 2009.
3The Tribunal made a further attempt to contact the applicant on July 27, 2009. In a Registrar’s letter dated August 11, 2009, the applicant was directed to contact the Tribunal within 10 days of the date of the letter to clarify how he intended to proceed with his Application. The letter stated that if the applicant did not do so, the Application would be deemed abandoned.
4The applicant did not communicate with the Tribunal as directed in the letter from the Registrar. In a Decision dated September 11, 2010, the Application was dismissed as abandoned.
5The Tribunal is now in receipt of a Request for Reconsideration, dated and filed on March 15, 2010.
6Section 45.7 of the Code allows any party to a proceeding before the Tribunal to request it reconsider its decision in accordance with the Tribunal’s Rules. Rule 26.1 of the Tribunal’s Rules of Procedure permits any party to request reconsideration of a final decision of the Tribunal within 30 days from the date of the decision.
7The applicant’s request has been made more than 6 months after the date of the decision without any request for an extension of time or explanation for the delay. The Request for Reconsideration is denied.
Dated at Toronto this 12th day of April, 2010.
“Signed By”
Jay Sengupta
Vice-chair