Introduction

[1] The applicant has filed a Request for Reconsideration of Decision 2011 HRTO 194, dated January 27, 2011. That Decision dismissed the Application as abandoned.

[2] As noted in the Decision, the Tribunal scheduled a summary hearing by telephone conference call January 26, 2011 at 9:30 am. The respondents appeared but the applicant did not appear. The Decision noted:

After the Application was first received, correspondence to the applicant was returned as not deliverable. The applicant subsequently provided a new address and correspondence sent to that address has not been returned. The Notice of Summary Hearing was sent to the new address and was also sent using two different email addresses provided by the applicant. An email sent to the first address provided by the applicant was returned but the email sent to the second address was not returned. The applicant has not communicated with the Tribunal or the respondents since November 2009, when she advised of the change of address.

In these circumstances, I am satisfied that reasonable efforts were made to notify the applicant of the summary hearing. I conclude that the Application should be dismissed as abandoned.

[3] The applicant’s Request for Reconsideration was delivered to the Tribunal on November 19, 2012. The Request restates the allegations that the applicant made at the time of the original Application. In regard to the Request for Reconsideration, the applicant indicates that she was feeling “overwhelmed” and suggests that she may not have received documents that were mailed to her because she had to move. She indicates however that she has regularly checked her emails. She does not suggest that she did not receive the Notice of Hearing. She also does not explain why she did not send the Request for Reconsideration until nine months after the Decision was released.

[4] 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.

[5] The Tribunal has issued Rules governing such requests as well as a Practice Direction to provide guidance to the community on the Tribunal’s exercise of its reconsideration powers. Rule 26 of the Tribunal’s Rules of Procedure 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.

[6] The applicant has not shown that any of these reasons apply in her case. Nor has she explained why the Request for Reconsideration was not filed within 30 days of the Decision as required by the Tribunal’s Rule.

[7] For these reasons the applicant’s Request for Reconsideration is denied.

Dated at Toronto, this 29^th day of January, 2013.

“signed by”

Brian Cook

Vice-chair

Holly Banda v. Alanna Miller, Corrine Long, and Frank Smith, 2013 HRTO 161

Case Summary

Introduction

[1] The applicant has filed a Request for Reconsideration of Decision 2011 HRTO 194, dated January 27, 2011. That Decision dismissed the Application as abandoned.

[2] As noted in the Decision, the Tribunal scheduled a summary hearing by telephone conference call January 26, 2011 at 9:30 am. The respondents appeared but the applicant did not appear. The Decision noted:

[4] 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.

[5] The Tribunal has issued Rules governing such requests as well as a Practice Direction to provide guidance to the community on the Tribunal’s exercise of its reconsideration powers. Rule 26 of the Tribunal’s Rules of Procedure states:

[6] The applicant has not shown that any of these reasons apply in her case. Nor has she explained why the Request for Reconsideration was not filed within 30 days of the Decision as required by the Tribunal’s Rule.

[7] For these reasons the applicant’s Request for Reconsideration is denied.

Holly Banda v. Alanna Miller, Corrine Long, and Frank Smith, 2013 HRTO 161

Case Summary

Introduction

[1] The applicant has filed a Request for Reconsideration of Decision 2011 HRTO 194, dated January 27, 2011. That Decision dismissed the Application as abandoned.

[2] As noted in the Decision, the Tribunal scheduled a summary hearing by telephone conference call January 26, 2011 at 9:30 am. The respondents appeared but the applicant did not appear. The Decision noted:

[4] 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.

[5] The Tribunal has issued Rules governing such requests as well as a Practice Direction to provide guidance to the community on the Tribunal’s exercise of its reconsideration powers. Rule 26 of the Tribunal’s Rules of Procedure states:

[6] The applicant has not shown that any of these reasons apply in her case. Nor has she explained why the Request for Reconsideration was not filed within 30 days of the Decision as required by the Tribunal’s Rule.

[7] For these reasons the applicant’s Request for Reconsideration is denied.