Jonathan Guider v. Craigwood Youth Services, 2011 HRTO 881

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jonathan Guider

Applicant

-and-

Craigwood Youth Services, Graham Ashbourne, Kathryn Hogan, Lothar Liehman and Sherri Whitman

Respondents

RECONSIDERATION Decision

Adjudicator: David A. Wright

Date: May 5, 2011

Citation: 2011 HRTO 881

Indexed as: Guider v. Craigwood Youth Services

1This is a Request for Reconsideration of the Tribunal’s decision of February 14, 2011, 2011 HRTO 312 dismissing this Application as abandoned. The Application had been deferred pending the conclusion of a grievance under the applicant’s collective agreement: see 2009 HRTO 1363. The Application was dismissed after the Tribunal did not receive a response to a letter requesting that the applicant advise the Tribunal of the status of the grievance, and advising that the failure to provide an update could result in the Application being dismissed as abandoned.

2It appears that the applicant prepared an update and asked staff at his union’s office to fax it to the Tribunal and the other parties. Through inadvertence, the letter was sent to the other parties, but not the Tribunal.

3In response to the Request for Reconsideration, the respondents take the position that this is a matter for the Tribunal to determine and make no further submissions.

4All indications are that the applicant intended to comply with the Tribunal’s direction. As a result of an inadvertent error, the Tribunal did not receive his letter. There is no prejudice to the other parties. These circumstances outweigh the public interest in the finality of decisions.

5The Request for Reconsideration is granted. This Application will remain deferred.

6I am not seized.