J.M. v. St. Joseph’s Health Centre, 2013 HRTO 1090

Human Rights Tribunal of Ontario

B E T W E E N:

J.M.

Applicant

-and-

St. Joseph’s Health Centre

Respondent

RECONSIDERATION DECISION

Adjudicator: Kathleen Martin

Date: June 20, 2013

Citation: 2013 HRTO 1090

Indexed as: J.M. v. St. Joseph’s Health Centre

WRITTEN SUBMISSIONS BY

J.M., Applicant ) Self-represented

1This an Application filed under s. 34 of Part IV of the Human Rights Code, R.S.O. 1990, as amended (the “Code”) alleging discrimination in services on the basis of disability. This Reconsideration Decision addresses a Request for Reconsideration of certain rulings made in an Interim Decision: 2012 HRTO 1398.

2On July 18, 2012, I issued the Interim Decision addressing two Requests for Order During Proceedings. In respect of a request for an “amendment/correction” to the Application, I found it too late to amend the Application but stated that the applicant could make submissions in closing argument about any correction in her allegations based on evidence presented in the hearing. In addition, I addressed various disclosure issues. In relation to the applicant’s request for production of the CPIC file, I denied the request for reasons outlined in the Interim Decision.

3On July 20, 2012, the applicant filed a Request for Reconsideration of the Interim Decision in respect of the two determinations highlighted above. The applicant submits that her Request is justified relying on Rule 26.5 d) (i.e. other factors exist that outweigh the public interest in the finality of Tribunal decisions). The applicant filed further submissions in support of the Request on July 23, 2012.

4I have considered the applicant’s submissions.

5Notably, the Tribunal’s Rules indicate that a party “may request reconsideration of a final decision of the Tribunal” (see Rule 26.1, emphasis added). Additionally, reconsideration is not an appeal or an opportunity for a party to re-litigate issues that have been determined. The Tribunal’s Practice Direction on Reconsideration 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.

6I do not view the substance of either determination - a production request and a request to amend/correct the Application to be a final decision. In the case of the request to amend/correct the Application, the applicant had an opportunity in her final submissions in the hearing on the merits to make submissions on the evidence that she presented. Further and in any event, I do not find that the applicant has pointed to any compelling and extraordinary circumstances that would outweigh the public interest in finality of orders and decisions or any other factors that would justify reconsideration in respect of either determination.

7The Request is dismissed.