Callwood v. Franchise Management Inc. o/a 1726496 Ontario Inc., 2011 HRTO 295

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Darrell Callwood

Applicant

-and-

Franchise Management Inc. o/a 1726496 Ontario Inc. and Angelo Ianiri

Respondents

Interim DECISION

Adjudicator: Kaye Joachim

Date: February 11, 2011

Citation: 2011 HRTO 295

Indexed as: Callwood v. 1726496 Ontario

INTRODUCTION

1This Interim Decision addresses a Request for reconsideration of the Tribunal’s Interim Decision 2011 HRTO 268 declining the applicant’s Request for an adjournment.

2On February 8, 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 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.

4In Sigrist and Carson v. London District Catholic School Board, 2008 HRTO 34, the Tribunal determined that even an interim decision may be “final” for the purpose of a reconsideration request if it disposes of some or all of central issues in the Application.

5My decision declining the adjournment Request was clearly an Interim Decision and is not subject to reconsideration. The Request for Reconsideration is dismissed.