Dias v. Cineplex Inc., 2014 HRTO 1407

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rebecca Dias

Applicant

-and-

Cineplex Inc.

Respondent

RECONSIDERATION DECISION

Adjudicator: Jo-Anne Pickel

Date: September 23, 2014

Citation: 2014 HRTO 1407

Indexed as: Dias v. Cineplex Inc.

WRITTEN SUBMISSIONS

Cineplex Inc., Respondent

Jessica Fenson, Counsel

1This Interim Decision addresses the respondent’s request that the Tribunal review its Arpil 10, 2014 Interim Decision, 2014 HRTO 505, in this matter. Although the respondent filed its request as a Request for Order During Proceedings, its request is in substance a request that the Tribunal reconsider its Interim Decision.

2Rule 26.1 of the Tribunal’s Rules of Procedure provides that a party may request reconsideration of a final decision of the Tribunal. A decision will only be considered a final decision where the decision has the effect of finally determining the substance of the dispute or a central element of the dispute between the parties. See for example Ontario Human Rights Commission v. Ontario Teachers’ Federation, 1994 CanLII 10578 (ON CTGD), 19 O.R. (3d) 371.

3In Sigrist and Carson v. London District Catholic School Board, 2008 HRTO 34, the Tribunal considered at length the question of when a decision should be considered final for the purposes of the reconsideration power. After carefully considering the policy issues and the relevant authorities the Tribunal concluded:

As a general principle, having regard to the approach taken in other forums as well as the above discussion, it is reasonable to view a “final decision” as one that disposes of some or all of the central issues in the complaint as between the parties.

4The Tribunal’s April 10, 2014 Interim Decision is not a final decision as it did not dspose of some or all of the central issues in the Application. Not being a final decision, it cannot, at this time, be the subject of a reconsideration request. See Galuego v. Kensington Health Centre, 2009 HRTO 429.

5For these reasons the respondent’s request that the Tribunal review the Interim

Decision is dismissed. The mediation scheduled for October 9, 2014 will proceed as scheduled.