Ekatrini Allagas v. Plato Adult Education Centre, 2014 HRTO 1079

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ekatrini Allagas Applicant

-and-

Plato Adult Education Centre Respondent

RECONSIDERATION DECISION

Adjudicator: David Muir Date: July 23, 2014 Citation: 2014 HRTO 1079 Indexed as: Allagas v. Plato Adult Education Centre

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2In Decision 2014 HRTO 1066 issued on July 21, 2014 (the "Decision") this Application was dismissed as abandoned. This Reconsideration Decision reconsiders and sets aside the Decision.

3The Application had been deferred to another proceeding in Interim Decision 2013 HRTO 775 issued on May, 9 2013. On April 15, 2014 the Tribunal wrote to the parties directing that the applicant advise it of the status of the other proceeding within 30 days. On May 1, 2014 the applicant advised that the other proceeding had resolved. She subsequently provided documentation which indicated that the other proceeding had resolved in July 2013. The applicant filed a Request to Reactivate the Application on May 2, 2014

4On June 3, 2014 the Tribunal wrote to the parties directing that they each deliver and file submissions on the delay in filing the Request to reactivate. The applicant provided her submissions in response on or about June 10, 2014.

5The applicant wrote to the Tribunal and pointed out that she had responded to the June 3, 2014 Directions on June 10, 2014. In the circumstances it is appropriate that the Tribunal reconsider its Decision on its own initiative.

6The Decision dismissing the Application as abandoned was based on an understanding that the applicant had not responded to the Directions in the June 3, 2014 correspondence from the Tribunal. This understanding was incorrect. As the entire basis for the Decision was in error the Decision can not stand and must be set aside.

Delay in Filing the Request to Reactivate

7The issue of whether it is appropriate to grant the applicant's Request to re-activate this Application remains outstanding. The applicant has provided her submissions. The respondent is directed to deliver and file its submissions in response to the applicant's Request within 14 days of the date of this Reconsideration Decision.

Orders and Directions

8The Tribunal makes the following Orders and Directions:

a. Decision 2014 HRTO 1066 is set aside.

b. The respondent will deliver and file its submissions in response to the applicant's Request within 14 days of the date of this Reconsideration Decision.

9I am not seized.