HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jesse Lloyd
Applicant
-and-
Wellington Catholic District School Board
Respondent
RECONSIDERATION DECISION
Adjudicator: Geneviève Debané
Indexed as: Lloyd v. Wellington Catholic District School Board
WRITTEN SUBMISSIONS BY
Jesse Lloyd, Applicant ) on his own behalf
[1] The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on March 28, 2011 alleging discrimination in employment on the basis of creed.
[2] On October 25, 2011, the Tribunal issued its Decision 2011 HRTO 1992, (the "Final Decision") dismissing the Application for delay.
[3] On November 3, 2011, the applicant filed with the Tribunal a Request for Reconsideration. The Tribunal did not direct the respondents to file any submissions with respect to this Request.
THE REQUEST FOR RECONSIDERATION
[4] The Request for Reconsideration filed by the Applicant indicates that the Final Decision is in conflict with established case law and involves a matter of general or public importance. The applicant makes arguments that include the following:
a. The complaint is of general importance because it affects potentially thousands of teachers;
b. The complaint is not about a single event of discrimination but about the current intention to discriminate; and
c. The case law cited in the Final Decision is irrelevant.
DECISION
[5] Under section 45.7 of the Code, the Tribunal may, at the request of a party or on its own initiative, reconsider its decisions in accordance with Tribunal's Rules.
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.
[6] The Tribunal has issued Rules governing such requests most relevant to this Decision is Rule 26 which states:
26.1 Any party may request reconsideration of a final decision of the Tribunal within (thirty) 30 days of the date of the decision
26.5. 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.
7As is evident from the above, reconsideration is a discretionary remedy. That is, while the Tribunal has the jurisdiction to reopen and reconsider its own decisions, it is not obliged to do so. It may decide when reconsideration is advisable, both through the promulgation of rules setting out conditions for the exercise of its discretion, and through the application of its discretion on a case-by-case basis.
[8] I find that the applicant has not met the burden of establishing any of the threshold criteria justifying reconsideration. In support of his Request, the applicant is essentially repeating arguments made in writing before the Tribunal or which could have been made. A request for reconsideration is not an opportunity to restate or re-argue a position already advanced and considered. I note that the applicant has not provided any support for his assertion that the Final Decision is in conflict with established case law.
[9] In sum, I find that the applicant has not established the existence of any of the criteria in Rule 26 that would lead to reconsideration of the Tribunal's Final Decision. The Request for Reconsideration is denied.
Dated at Toronto, this 17^th^ day of January, 2012.
'Signed by"
Geneviève Debané
Vice-chair