HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Gawain Coley
Applicant
-and-
Peel Regional Police Services Board
Respondent
reconsideration decision
Adjudicator: Kaye Joachim
Indexed as: Coley v. Peel Regional Police Services Board
1This Reconsideration Decision addresses a Request for Reconsideration of the Tribunal’s Decision dated December 15, 2010 dismissing the Application (2010 HRTO 2486).
2On May 11, 2011, 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 26.5 of the Tribunal’s Rules of Procedure provides any party may request reconsideration of a final decision of the Tribunal within 30 days of the date of the decision. Rule 26.5 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.
4The applicant indicated in his Request for Reconsideration that the basis of his request was that there are new facts or evidence and that the decision is in conflict with established case law.
5However, in his Request, the applicant did not set out any new facts, but simply reiterated certain points he made at the hearing. He did not cite any conflicting case law. It is evident that the applicant disagrees with the Tribunal’s decision, but that is not a basis for reconsideration.
6The Request for Reconsideration is dismissed.
Dated at Toronto, this 30th day of May, 2011.
“Signed by”
Kaye Joachim
Member.