Felix v. Shoppers Drug Mart, 2014 HRTO 1241

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hans Felix

Applicant

-and-

Shoppers Drug Mart, Mamak Shafai, Jamie Jones and David Smith

Respondents

RECONSIDERATION DECISION

Adjudicator: Dawn J. Kershaw

Date: August 21, 2014

Citation: 2014 HRTO 1241

Indexed as: Felix v. Shoppers Drug Mart

WRITTEN SUBMISSIONS

Hans Felix, Applicant

Self-represented

Introduction

1On July 16, 2014, the Tribunal issued its Decision, 2014 HRTO 1045, dismissing this Application as being outside the Tribunal’s jurisdiction because the Application was filed more than one year after the last incident of discrimination described in the Application and there was no good faith explanation.

request for reconsideration

2On August 18, 2014 the applicant requested a reconsideration of the decision.

3In his request, the applicant claimed there were new facts or evidence that could potentially be determinative of the case and could not reasonably have been obtained earlier and the decision was in conflict with established case law or Tribunal procedure and the proposed reconsideration involves a matter of general or public importance. He referred to two July 18, 2014 e-mails sent to me and the Minister of Labour, Mr. Kevin Flynn, but did not attach these. I did receive and review an e-mail dated July 19, 2014.

analysis and decision

4Under 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.

5The Tribunal has issued Rules of Procedure, which govern such requests, as well as a Practice Direction to provide guidance to the community on the Tribunal’s exercise of its reconsideration powers (Practice Direction on Reconsideration, January 2008 amended March 2010). Rule 26 states in part:

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.

6The Tribunal’s Practice Direction on Reconsideration begins with the following statements:

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.

7As is evident from the above, reconsideration is a discretionary remedy. That is, while the Tribunal has the jurisdiction to reopen and reconsider its own decisions, it is not obliged to do so.

8The Tribunal also has stated in Sigrist and Carson v. London District Catholic School Board, 2008 HRTO 34 that reconsideration is not an opportunity to re-argue a case. Once the parties to an Application have had the opportunity to present their evidence and arguments to the Tribunal, and the Tribunal has made a decision disposing of the issues, parties are entitled to treat the matter as closed, subject to limited exceptions.

9I find the applicant has not met the burden of establishing any of the threshold criteria justifying reconsideration. The applicant has not as he claimed:

• set out new facts or evidence that could possibly be determinative of the case and that could not have been obtained earlier; or
• addressed why the decision is in conflict with established case law or Tribunal procedure.

10The applicant has not set out any submissions that address these factors. He has not provided any new facts or evidence, but simply has attempted to re-argue his case. His reconsideration request clearly is an attempt to appeal this decision, which is not the purpose of a reconsideration request, as is set out in the Tribunal’s Practice Direction on Reconsideration.

11The applicant also has not provided any basis to support the Decision being in conflict with established jurisprudence or Tribunal procedure. He has not pointed to any case law with which he alleges the Decision in this matter is in conflict, nor has he identified any Tribunal procedure which he alleges was not followed. He also has not provided any other factors that would outweigh the public’s interest in the finality of the Tribunal’s decisions.

12In sum, I find that the applicant has not established the existence of any of the criteria in Rule 26 that would lead to reconsideration of the Tribunal’s Decision. The Request is denied.

order

13This Application is dismissed.