Glover v. Ontario (Community Safety and Correctional Services), 2012 HRTO 1145

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jeffrey Glover

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services

Respondent

reconsideration decision

Adjudicator: Keith Brennenstuhl

Date: June 12, 2012

Citation: 2012 HRTO 1145

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

WRITTEN SUBMISSIONS BY

Jeffrey Glover, Applicant ) Self-represented

Her Majesty the Queen in Right of )

Ontario as represented by the Minister ) Indira Sawh, Counsel

of Community Safety and Correctional )

Services, Respondent )

1This Decision addresses a Request for Reconsideration of the Tribunal’s decision 2012 HRTO 507 dated March 12, 2012 dismissing the Application on the basis that the applicant, having failed to attend the summary hearing scheduled for February 17, 2012, was deemed to have abandoned the Application.

2Under section 45.7 of the Code, the Tribunal may, at the request of a party or on its own initiative, reconsider a final decision in accordance with the Tribunal’s Rules of Procedure. Rule 26.5 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.

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.

4In his Request for Reconsideration, the applicant ticked off the box indicating that the basis for his request was under Rule 26.5(b), that through no fault of his own, he did not receive notice of the summary hearing.

5I note that Notice of the Summary Hearing and the Amended Notice of Summary Hearing were mailed by the Tribunal on December 5, 2011 and December 19, 2011 respectively to the applicant at the address he provided in his Application and that they have not been returned. In addition I note that the applicant received at this address the Response to which the applicant filed a Reply as well as the Tribunal’s correspondence acknowledging receipt of the Reply and advising the applicant that he was required to forward a copy of his Reply to the respondent. As well, I note that the applicant received at this address the Request for Summary Hearing. Moreover, I note that the applicant received at this address the Case Assessment Direction directing the summary hearing. In the circumstances I am not satisfied that the applicant did not receive the Notice of the Summary Hearing.

5The Request for Reconsideration is dismissed.