HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kevin Shane on behalf of Kenneth Shane

Applicant

-and-

Cornwall Police Department, Cornwall Standard Freeholder, Webber Schroeder, Cornwall Superior Court of Justice and Ottawa Court House

Respondents

RECONSIDERATION DECISION

Adjudicator: David A. Wright

Date: April 12, 2010

Citation: 2010 HRTO 807

Indexed as: Shane v. Cornwall Police Department

[1] The applicant requests reconsideration of the Tribunal’s Decision of December 18, 2009, reported at 2009 HRTO 2216. In that Decision, the Application was dismissed against all respondents other than the Cornwall Police Department on the basis that it did not allege matters that fall within the jurisdiction of the Tribunal, and against the Cornwall Police Department on the basis that it was brought outside the one-year period provided for in s. 34(1) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, and that the applicant had not shown that the delay was incurred in good faith.

[2] The Request for Reconsideration was brought outside the 30-day time limit provided for in Rule 26.1. Moreover, even if it had been made in accordance with the timelines, the Request would not be granted. The applicant relies upon Rule 26.5(a) and (d) which reads as follows:

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;

(d) other factors exist that, in the opinion of the Tribunal, outweigh the public interest in the finality of Tribunal decisions.

The applicant has cited no new facts that were not available earlier, nor any exceptional circumstances that would lead to the granting of a request for reconsideration in such circumstances. While the applicant argues that, in fact, the delay in filing the application was incurred in good faith, the facts he alleges do not amount to good faith within the Tribunal’s jurisprudence.

[3] The Request for Reconsideration is dismissed.

Dated at Toronto, this 12^th^ day of April, 2010.

“Signed by”

__________________________________

David A. Wright

Interim Chair