Eileen Meandro v. Robert Brisebois, 2010 HRTO 984

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Eileen Meandro

Applicant

-and-

Robert Brisebois

Respondents

RECONSIDERATION DECISION

Adjudicator: Judith Keene

Date: May 5, 2010

Citation: 2010 HRTO 984

Indexed as: Meandro v. Brisebois

INTRODUCTION

1On January 29, 2010, the applicant filed and delivered to the respondent a Request for Reconsideration of the Tribunal’s Decision 2009 HRTO 614, as provided for in section 45.7 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). In her Request, the applicant claims that the respondent continues to discriminate against her, and on this basis requests that the Decision be reconsidered.

2Section 45.7 of the Code allows any party to a proceeding before the Tribunal to request it to reconsider its decision. The Rules elaborate on the conditions and requirements of such a request. Pursuant to Rule 26.5, 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.

3It is also useful to consider the Tribunal’s Practice Direction on Reconsideration, which states in part:

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.

4The Request does not take issue with the findings in the decision, but makes allegations about matters that were not raised in this Application. It is open to the applicant to file another Application if she has reason to believe that the respondent has done or omitted to do anything that would infringe her rights under the Code.

5The applicant has not established that any of the factors noted in Rule 26.5 apply in this case. Reconsideration is denied.