Smith v. Metro Ontario, 2011 HRTO 634

Human Rights Tribunal of Ontario

B E T W E E N:

Larena Smith

Applicant

-and-

Metro Ontario Inc., Guido Madruson, Steve Taylor and Stacey Clay

Respondents

RECONSIDERATION DECISION

Adjudicator: Kaye Joachim Date: March 31, 2011 Citation: 2011 HRTO 634 Indexed as: Smith v. Metro Ontario

Reasons for Decision

1This Decision addresses a Request for reconsideration of the Tribunal’s Decision dated June 15, 2010 dismissing the Application as abandoned because of the applicant’s failure to contact the Tribunal.

2On March 15, 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 25 of the Tribunal’s Rules of Procedure for Transitional Applications under Section 53(3) and 53(5) of the Code 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.

4The applicant claims that she sent the Request on November 11, 2010, within the 30 day deadline for filing such requests. The Tribunal has no record of receiving the Request, nor was the request delivered to respondents at that time. I find it extraordinary that the applicant has not contacted the Tribunal since November 11, 2010 to inquire about the status of her Request for Reconsideration.

5I do not accept that the Request for reconsideration was properly made within 30 days of the date of the Decision. I see no reason to exercise my discretion to permit a late Request for reconsideration.

6Further, the applicant has also not set out any basis for reconsidering the Decision.

7The Request for reconsideration is denied.