HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Aristide Tsemo
Applicant
-and-
University of Toronto
Respondent
Reconsideration DECISION
Adjudicator: Michelle Flaherty
Indexed as: Tsemo v. University of Toronto
WRITTEN SUBMISSIONS
Aristide Tsemo, Applicant ) On his own behalf
1The applicant filed an Application under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990 c. H.19, as amended (the “Code”). The applicant alleged discrimination in employment on the basis of colour and ethnic origin. He also alleged that the respondent breached Minutes of Settlement.
2Following an oral hearing, the Tribunal dismissed the Application: see 2011 HRTO 1020. The Tribunal concluded that the applicant’s colour and ethnic origin were not factors in the respondent’s hiring decision and that the respondent had provided a reasonable and plausible explanation for not hiring the applicant based on non-discriminatory considerations. The Tribunal held that the respondent had also provided a reasonable explanation for the other incidents raised by the applicant. Finally, the Tribunal found that the respondent did not breach Minutes of Settlement entered into by the parties in 2005.
3On July 17, 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”). This provision states:
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.
4Rule 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.
5The applicant made no submissions in his Request that bear on any of the above factors. His central submission is that the Tribunal refused to consider allegations that the respondents breached Minutes of Settlement entered into by the parties in 2009. The Tribunal explained in its Decision that allegations related to Minutes of Settlement entered into by the parties in 2009 were outside the scope of the Application. The allegations contained in the Application related to breaches of the 2005 Minutes of Settlement. The Application made no reference to the 2009 Minutes of Settlement.
6While it is evident that the applicant disagrees with the Decision, he has presented no basis to reconsider it. The applicant’s arguments do not fall within Rule 25.5 as a basis for reconsideration. His objections to the Decision essentially reiterate arguments he has already made and which were addressed in the Decision.
[7] The Request for Reconsideration is denied.
Dated at Toronto, this 28th day of July, 2011.
”signed by”_________
Michelle Flaherty
Vice-chair