Moshi v. Ontario (Community Safety and Correctional Services), 2014 HRTO 1834

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Youkhana Moshi

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services

Respondent

RECONSIDERATION DECISION

Adjudicator: Kathleen Martin

Date: December 30, 2014

Citation: 2014 HRTO 1834

Indexed as: Moshi v. Ontario (Community Safety and Correctional Services)

WRITTEN SUBMISSIONS

Youkhana Moshi, Applicant

Self-represented

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, Respondent

Tina Earl, Counsel

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). On November 10, 2014, the Tribunal deemed the applicant to have abandoned the Application and dismissed it (2014 HRTO 1641). This decision addresses a Request for Reconsideration of the Decision 2014 HRTO 1641 and determines the next steps in the processing of the Application.

2The Request for Reconsideration was filed on November 20, 2014. The applicant states that the reason for reconsideration is that he did not receive notice of the Case Assessment Direction dated August 12, 2014 scheduling the summary hearing or the Notice of Summary Hearing dated September 3, 2014. It is clear that the applicant is suggesting that the absence of notice is the reason he did not attend the summary hearing.

3On December 17, 2014, the respondent filed a letter addressing the Request. The respondent states that it will be making no submissions with regard to the merits of the applicant's Request and notes that it had previously alerted the Tribunal (after the issuance of the Decision) that as it had not received a Notice of Hearing, it was unlikely that the applicant had received the notice. The respondent requests the opportunity to provide its submissions on the merits of the Application with regard to the summary hearing.

4Having regard to the foregoing, the Request for Reconsideration is granted. I am satisfied that the applicant did not receive notice of the hearing and therefore did not intend to abandon the Application. In the result, Decision 2014 HRTO 1641 is reconsidered.

Next Steps

5The Tribunal had previously directed, on its own motion, that the Application be scheduled for summary hearing to determine whether another proceeding appropriately dealt with the substance of part of the Application and whether or not all or part of the Application should be dismissed on the basis that there is no reasonable prospect it will succeed. I note that this direction was given prior to the respondent having filed a response. Having reviewed the details in the applicant's lengthy narrative, I do not find it appropriate to re-schedule the Application for a summary hearing, at least at this stage.

6The respondent is directed to file a Response within 35 days of the date of this Reconsideration Decision. The respondent shall ensure that a complete response is filed responding to the substance of the applicant's allegations in the Application and raising any preliminary issues it wishes the Tribunal to address.

7The Application will continue to be processed in the usual way unless and until the Tribunal directs otherwise.

8In summary, the Tribunal orders:

• The Request for Reconsideration is granted and the Tribunal's Decision in 2011 HRTO 1641 that dismissed the application is set aside;
• The Application will continue to be processed; and
• The respondent shall file a complete Response in Form 2 no later than 35 days after the date of this Decision.