Lumley v. Trillium Lakelands District School Board, 2011 HRTO 1364

Human Rights Tribunal of Ontario

B E T W E E N:

Terry Lumley

Applicant

-and-

Trillium Lakelands District School Board

Respondent

-and-

Canadian Union of Public Employees, Local 997

Intervenor

RECONSIDERATION DECISION

Adjudicator: David Muir

Date: July 19, 2011

Citation: 2011 HRTO 1364

Indexed as: Lumley v. Trillium Lakelands District School Board

1On June 2, 2011, the applicant filed a Request for Reconsideration of Decision 2011 HRTO 868 under section 45.7 of the Ontario Human Rights Code, R.S.O. 1990, c.H.19, as amended (the "Code"). The Application was dismissed pursuant to section 45.1 of the Code on the basis that the substance of the Application had been appropriately dealt with in another proceeding.

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.

2The Tribunal's Rules of Procedure For Transitional Applications Pursuant to Sections 53(3) and 53(5) of the Code provide that any party may request reconsideration of a decision in accordance with Rule 25.5.

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.

3The applicant's submissions do not relate to any of the factors set out above. The applicant makes submissions relevant to the merits of his claims that he was not appropriately accommodated by his employer and that his termination was unfair because he was not insubordinate. The basis for the decision to dismiss the Application was that these issues were raised in another proceeding and appropriately dealt with there. The applicant evidently disagrees with the conclusions I reached in the Decision; however, that is not a proper basis for reconsideration of a final decision.

4For all of these reasons the Request is dismissed.