Da Costa v. Vancelatchford Place, 2012 HRTO 817

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Richard Da Costa

Applicant

-and-

Vancelatchford Place and Pearl Quong

Respondents

reconsideration decision

Adjudicator: Keith Brennenstuhl

Date: April 23, 2012

Citation: 2012 HRTO 817

Indexed as: Da Costa v. Vancelatchford Place

WRITTEN SUBMISSIONS

Richard Da Costa, Applicant ) Self-represented

1This Decision addresses a Request for Reconsideration of the Tribunal’s decision 2012 HRTO 410 dated February 27, 2012 dismissing the Application on the basis that the applicant, having failed to attend the summary hearing scheduled for February 23, 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 was mailed by the Tribunal on December 12, 2011 to the applicant at the address he provided in his Application and that it has not been returned. In addition I note that the same address was provided by the applicant in his Request for Reconsideration. Moreover, I note that the applicant received at this address the Notice of Mediation, the Case Assessment Direction directing the summary hearing and the Tribunal’s Decision dismissing the Application as abandoned. 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.