Humphries v. General Motors of Canada, 2010 HRTO 894

Human Rights Tribunal of Ontario

B E T W E E N:

Heather Humphries

Applicant

-and-

General Motors of Canada Limited, Sharron Smith, Randy Giroux and Sykes Stan

Respondents

reconsideration DECISION

Adjudicator: Kaye Joachim

Date: April 23, 2010

Citation: 2010 HRTO 894

Indexed as: Humphries v. General Motors of Canada

1This Decision addresses a Request for reconsideration of the Tribunal’s Interim Decision 2010 HRTO 177 narrowing the scope of the Application. The matter is proceeding to mediation on May 3, 2010.

2On April 19, 2010 the applicant filed a 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.

3Rule 25 of the Tribunal’s Rules of Procedure for Transitional Applications provides any party may request reconsideration of a final decision of the Tribunal within 30 days of the date of the decision. Rule 25.5 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.

4Apart from an assertion that she is experiencing depression, the applicant has not offered any explanation why the Request for Reconsideration should be considered when it was filed more than 30 days after the Interim Decision. Further, the Tribunal Rules make clear that requests for reconsideration will only be considered where a Final Decision has been issued. In my view, my Interim Decision, while it narrowed the scope of the Application, cannot be considered a final decision.

5The Request for reconsideration is denied.