Margaret Way v. Coalition Against Psychiatric Assault, 2011 HRTO 2091

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Margaret Way

Applicant

-and-

Coalition Against Psychiatric Assault

Respondent

RECONSIDERATION DECISION

Adjudicator: Ken Bhattacharjee

Date: November 18, 2011

Citation: 2011 HRTO 2091

Indexed as: Way v. Coalition Against Psychiatric Assault

WRITTEN SUBMISSIONS

Margaret Way, Applicant ) Self-represented

1On June 28, 2011, the Tribunal issued a Decision, 2011 HRTO 1234, which dismissed the Application following a summary hearing on the basis that the Application had no reasonable prospect of success.

2On August 25, 2011, the applicant filed a Request for Reconsideration of the Tribunal’s Decision.

3Section 45.7(1) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, provides that any party to a proceeding before the Tribunal may request that the Tribunal reconsider its Decision in accordance with the Tribunal’s Rules.

4Rule 26.1 of the Tribunal’s Rules of Procedure provides that any party may request reconsideration of a final Decision of the Tribunal within 30 days from the date of the Decision. Rule 26.5.1 further provides that a Request for Reconsideration made more than 30 days following the Decision will not be granted unless the Tribunal determines that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.

5The applicant filed her Request for Reconsideration more than 30 days from the date of the Decision. In her Request, she merely stated that the delay occurred because of “medical reasons”. She also attached a number of medical documents that appear to relate to a knee and ankle strain, but none of them explain why she was unable to file her Request for Reconsideration in a timely manner.

6In the circumstances, I find that the applicant’s delay in filing her Request for Reconsideration was not incurred in good faith. In view of this finding, it is not necessary to consider whether substantial prejudice will result to any person affected by the delay.

8The Request for Reconsideration is dismissed.