Robinson v. Ontario Municipal Board, 2010 HRTO 812

Human Rights Tribunal of Ontario

B E T W E E N:

Wilma Robinson

Applicant

• and-

Ontario Municipal Board and Hannah Bissessar

Respondents

AND BETWEEN:

T. Lindsay Robinson

Applicant

• and-

Ontario Municipal Board and Hannah Bissessar

Respondents

AND BETWEEN:

Diane Robinson

Applicant

• and-

Ontario Municipal Board and Mark Michaels

Respondents

Reconsideration Decision

Adjudicator: David Muir

Date: April 13, 2010

Citation: 2010 HRTO 812

Indexed as: Robinson v. Ontario Municipal Board

1These are three Applications filed June 30, 2009 under section 53(5) of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination in services. In Interim Decision 2010 HRTO 207 I dismissed these Applications as they related to two individual respondents. The applicant seeks Reconsideration of that Interim Decision. The applicants also seek an extension of time to provide submissions as directed in that Interim Decision.

2Section 45.7 of the Ontario Human Rights Code, R.S.O. 1990, c.H.19, as amended, (the “Code”) provides as follows:

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.

3The Tribunal’s Rules for Transitional Applications provide that any party may request reconsideration of a final decision of the Tribunal. Rule 25.5 of the Rules for Transitional Applications 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.

5Reconsideration is normally only available for final decisions however the effect of the Interim Decision was in some sense final as it finally determined the rights of the parties in respect of what must be seen as the core of the applicants’ human rights complaints (see Ontario Human Rights Commission v. Ontario Teachers’ Federation, 1994 CanLII 10578 (ON CTGD), 19 O.R. (3d) 371).

6The applicants state that the Tribunal has assumed jurisdiction over other government bodies and accordingly should in this case. This submission is based on a misapprehension of the basis for my conclusions. The basis for my conclusion was not that the individual respondents were state actors but rather that the doctrine of judicial immunity prevented the Tribunal from adjudicating the consequences of their alleged conduct. Other than evidently disagreeing with the result, the applicants articulated no other basis for reconsideration having regard to the factors outlined above. The Request for Reconsideration is dismissed.

7The Request for an extension of time to file submissions as directed in 2010 HRTO 207 is granted.

8I make the following Orders:

a. The applicants will provide their submissions, if any, respecting any remaining allegations of conduct by the remaining individual respondents in these Applications which they wish to pursue. Such submissions shall be delivered to the respondents and filed with the Tribunal within 30 days of this Interim Decision failing which these Applications may be dismissed in their entirety.

b. In the event that the applicants make submissions as directed in paragraph (b) above, the respondents will deliver and file any reply submissions within 20 days of receipt of the applicants’ submission.

9I am seized of these Applications.