Khagram v. Ontario (Attorney General), 2010 HRTO 860

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hasit Khagram

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Attorney General, Louise Stratford, Darrell Dauphney, Robert Jarecki, Shelly Hobbs, Jill Steinman and Marnie Gibson

Respondents

AND beTW E E N:

Hasit Khagram

Applicant

-and-

Bethesda Homes, Wanda Smith, Thomas Zeyl, F. Barerra, Bruce Linder,

Sharon Forgeron and Leslie McKay

Respondents

RECONSIDERATION DECISION

Adjudicator: Kaye Joachim

Date: April 19, 2010

Citation: 2010 HRTO 860

Indexed as: Khagram v. Ontario (Attorney General)

1This Decision addresses a Request for Reconsideration of the Tribunal’s Interim Decision 2009 HRTO 1874 dated November 4, 2009 and the Tribunal’s Order dated November 17, 2009 (unreported).

2In 2009 HRTO 1874 the Tribunal determined that the applicant’s mother did not have authority to act as litigation guardian in respect of the present Applications. The Interim Decision also determined that the Public Guardian and Trustee (“PGT”) was the only entity that had authority to initiate and continue the Applications. Following the Interim Decision, the PGT formally withdrew the above Applications on behalf of the applicant and the Tribunal issued an Order dated November 17, 2009 disposing of the Applications.

3On December 8, 2009 the applicant’s mother indicated that she wished to seek reconsideration of the Interim Decision and Order. The Tribunal advised the applicant’s mother that she was required to file a Request for Reconsideration which she did on January 15, 2010. She also requested an extension of time until March 15, 2010 to file further material.

4On March 26, 2010 the Tribunal inquired whether the applicant’s mother had any further material to file. The applicant’s mother referred the Tribunal to various correspondence filed with the Tribunal on the merits of the underlying Application. None of the material referred to by the applicant’s mother addressed the issue whether she had the authority to act as litigation guardian for the applicant in this matter.

5A 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.

6Under section 45.7 of the Code, the Tribunal may, at the request of a party or on its own initiative, reconsider a final decision in accordance with the Tribunal’s Rules. 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).

7The 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.

8I understand that the applicant’s mother disagrees with my Interim Decision determining that she lacks the authority to act as the applicant’s litigation guardian and that she wishes to proceed with her son’s Applications on the merits. However, mere disagreement is not a basis for reconsideration.

9I am not persuaded by the applicant’s mother that I should reconsider my Interim Decision or Order.

10The Request for Reconsideration is dismissed.