Villella v. Regional Municipality of York Emergency Medical Services Branch, 2011 HRTO 1482

1The applicant has filed a Request for Reconsideration of the Reconsideration Decision of June 29, 2011 (2011 HRTO 1247), which denied reconsideration of the Decision of January 5, 2011 (2011 HRTO 25).

2By letter dated August 2, 2011 the Tribunal denied the applicant’s request, citing Rule 25.7.1 of the Rules of Procedure for Transitional Applications, which reads as follows:

25.7.1 Where a Request for Reconsideration has been determined, the Tribunal will not consider a subsequent Request for Reconsideration of the same decision, absent exceptional circumstances. The Tribunal need not give reasons for a decision not to consider a subsequent Request.

3The applicant has made various submissions, including suggesting that Rule 25.7.1 does not apply to a Reconsideration of the Reconsideration Decision, which is not the “same decision”. He suggests that the Tribunal has dealt with subsequent reconsideration requests in the past.

4Rule 25.7.1 came into effect on July 1, 2010. In my view a purposive interpretation of Rule 25.7.1 is that it prevents a party from making a subsequent request for reconsideration in the same file. In this case, the applicant’s actions in seeking reconsideration in the file on multiple occasions fall within the intent of the Rule.

5There are no exceptional circumstances in this case and the Request is denied. If the applicant wishes to challenge the decisions, he must file a Notice of Application for Judicial Review with the Divisional Court.