Glover v. Ontario (Community and Social Services), 2011 HRTO 589

Human Rights Tribunal of Ontario

B E T W E E N:

Joan Glover

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services, Carol Faulkner, Jasmine White and Margo Cain

Respondents

RECONSIDERATION DECISION

Adjudicator: Faisal Bhabha

Date: March 24, 2011

Citation: 2011 HRTO 589

Indexed as: Glover v. Ontario (Community and Social Services)

INTRODUCTION

1On December 3, 2010, the Tribunal issued a Decision, 2010 HRTO 2412 (the "Decision"), finding that the Application does not make allegations that could lead to a finding of discrimination. The applicant filed a Request for Reconsideration of the Decision.

REQUEST FOR RECONSIDERATION

2Section 45.7 of the Code allows any party to a proceeding before the Tribunal to request it reconsider its decision. The Rules elaborate on the conditions and requirements of such a request. Pursuant to Rule 26.5, 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.

3It is also useful to consider the Tribunal's Practice Direction on Reconsideration, which states in part:

Decisions of the Tribunal are generally considered final and are not subject to appeal. However, parties may request that the Tribunal reconsider a final decision it has made. Reconsideration is a discretionary remedy; there is no right to have a decision reconsidered by the Tribunal. Generally, the Tribunal will only reconsider a decision where it finds that there are compelling and extraordinary circumstances for doing so and where these circumstances outweigh the public interest in finality of orders and decisions.

Reconsideration is not an appeal or an opportunity for a party to repair deficiencies in the presentation of its case.

DECISION

4The applicant checked off all four grounds for Reconsideration, and filed extensive handwritten submissions, along with some additional documents. I have reviewed all of the applicant's submissions and supporting documents and find that she has not raised any issues that fall under the Tribunal's Reconsideration power. Her materials demonstrate an attempt to re-argue her case, and to supplement it with further claims that bear little connection to the matters raised in the Application.

5The applicant also requests an extension of time to provide a "more detailed response to the decision of December 3, 2010". It appears that the applicant may not understand that the Decision of December 3, 2010 is a final decision, meaning that no response or further comment on it will be considered by the Tribunal.

6In view of the above, the Reconsideration Request is denied.