Dwyer v. Intact Insurance, 2011 HRTO 667

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stanley Dwyer

Applicant

-and-

Intact Insurance Company

Respondent

reconsideration decision

Adjudicator: Keith Brennenstuhl

Date: April 6, 2011

Citation: 2011 HRTO 667

Indexed as: Dwyer v. Intact Insurance

1This Decision addresses the applicant’s Request for reconsideration dated March 11, 2011 of my Decision 2011 HRTO 314 dismissing the Application.

2Section 45.7 of the Code provides as follows:

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.

3The Tribunal’s Rules provide that a reconsideration request may be made in respect of a final decision of the Tribunal. Rule 25 provides any party may request reconsideration of a final decision of the Tribunal within 30 days of the date of the Decision.

4Rule 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.

5None of the applicant’s submissions address any of the issues raised above. It is evident from his submissions that the applicant disagrees with my conclusions. However, this is not a proper basis to reconsider the Decision.

6Together with his submissions, the applicant provided additional evidence: two letters from the applicant to the respondent; a copy of his insurance policy issued by the respondent; and a medical note. Although not admissible, a review of the material provided indicates that it would not have altered the result.

7The Request for reconsideration is denied.