Gregory Kogan v. Richard Hennessy, 2011 HRTO 701

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gregory Kogan

Applicant

-and-

Richard Hennessy

Respondent

RECONSIDERATION DECISION

Adjudicator: David A. Wright

Date: April 12, 2011

Citation: 2011 HRTO 701

Indexed as: Kogan v. Hennessy

WRITTEN SUBMISSIONS

Gregory Kogan, Applicant ) Self-represented

1The applicant seeks reconsideration of the Tribunal’s Decision of April 11, 2011, Kogan v. Hennessy 2011 HRTO 690. The Application was dismissed after the applicant failed to call in to the scheduled teleconference or provide a telephone number at which the Tribunal could reach him.

2The grounds for reconsideration are set out in Rule 26.5 as follows:

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.

The applicant relies upon all of these grounds.

3The basis for the applicant’s request is as follows:

I always use the Skype as a phone system: I make and receive calls by my Skype number gregory.kogan.against.the.hrto and I don't have any other phone. The Skype is an officially recognized phone system. I had sent to the HRTO an e-mail with my skype number 7.5 hours before the scheduled beginning of the appointed Summary Hearing teleconference as in the HRTO's letter (from March 21, 20110) requesting my number to call me for the teleconference there was no deadline for giving such a number. I received no letter from the HRTO that it can't make calls to a Skype number -- either before the beginning of the scheduled Summary Hearing of during it. I waited for such a letter during all the time period (9.30-12.30 (Toronto time), April 11, 2011) the Summary Hearing was scheduled for -- but I received nothing what caused my great stress and moral suffering. This would be one of the principal charges of my future lawsuit against the HRTO in a court of an upper jurisdiction.

4The applicant’s Request for Reconsideration has no merit. For the reasons expressed in the original Decision, the Application was dismissed when the applicant failed to attend at a scheduled hearing. The applicant was provided with a call-in number for the conference call and invited to provide a telephone number at which the Tribunal might call him. He did not call in nor did he provide a telephone number.

5Instead he decided to request, by e-mail, in the middle of the night when the Tribunal was closed and the hearing was taking place at 9:30 the next morning that the Tribunal “call” him over an internet program. This cannot excuse his non-attendance and there is no basis to grant reconsideration.

6The Request for Reconsideration is dismissed.