Wondimagnehu v. Algonquin College of Applied Arts and Technology, 2012 HRTO 671

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Seifu Wondimagnehu

Applicant

-and-

Algonquin College of Applied Arts and Technology, Carl Gray, Barbara Foulds, Kim Tysick, Manon Brown and Theresa O’Brien

Respondents

reconsideration decision

Adjudicator: Keith Brennenstuhl

Date: March 30, 2012

Citation: 2012 HRTO 671

Indexed as: Wondimagnehu v. Algonquin College of Applied Arts and Technology

WRITTEN SUBMISSIONS BY

Seifu Wondimagnehu, Applicant ) Self-represented

1The applicant filed a Request for Reconsideration (the “Request”) on February 29, 2012, which requested reconsideration of my Decision, 2012 HRTO 276 issued February 8, 2012, that dismissed his 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.

4It is my view that the applicant’s Request does not satisfy the requirements of Rule 26.5. The applicant’s submissions are essentially a statement that my decision was wrong and that it was unjust. This is not the basis for a reconsideration of a final decision.

5The Request is dismissed.