HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Alan Boswell
Applicant
-and-
Foams Fabricators and Suzanne Killins
Respondents
RECONSIDERATION DECISION
Adjudicator: Brian Cook
Indexed as: Boswell v. Foams Fabricators
1The applicant has filed a Request for Reconsideration of the Tribunal’s Decision 2012 HRTO 1965.
2That Decision dismissed the Application because the Application was not filed in accordance with section 34 of the Code, which requires that an Application be filed within one year of the last alleged incident of discrimination or that there is a good faith explanation for the delay.
3Allegations that appeared to relate to more recent events relate to matters that are not covered by the Code.
4The Request for Reconsideration indicates that the applicant does not agree with the Decision.
5A 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.
6The Request for Reconsideration does not identify any of the above factors. It indicates that the applicant has been advised that he should have been granted a mediation session at the Tribunal. The Tribunal cannot offer either mediation or adjudication of an Application unless the Application was filed in accordance with section 34 of the Code.
Decision
7The Request for Reconsideration is denied.
Dated at Toronto, this 10th day of December, 2012.
”signed by”
Brian Cook
Vice-chair