McArthur-Calhoun v. Smith, 2015 HRTO 1052

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sandra McArthur-Calhoun

Applicant

-and-

Carol Smith, City of Toronto Legal Services Director, and

Her Majesty the Queen in Right of Ontario as represented

by the Minister of Community and Social Services

Respondent

A N D B E T W E E N:

Sandra McArthur-Calhoun

Applicant

-and-

Superior Court of Justice (Family Court Division) and Madam Justice Greer

Respondents

RECONSIDERATION DECISION

Adjudicator: David Muir

Date: August 7, 2015

Citation: 2015 HRTO 1052

Indexed as: McArthur-Calhoun v. Smith

WRITTEN SUBMISSIONS

Sandra McArthur-Calhoun, Applicant

Self-represented

1On May 6, 2015, the Tribunal issued its Decisions in these two Applications, 2015 HRTO 574 and 2015 HRTO 575, dismissing these Applications as abandoned. The applicant has asked the Tribunal to reconsider its Decision.

2On March 9, 2015, the Tribunal issued a Notice of Intent to Dismiss both of these Applications (“NOID”) because it appeared that they may both be outside of the Tribunal’s jurisdiction to decide. The applicant was directed to provide her written submissions in response to the NOIDs before April 8, 2015. The applicant was further advised that if she did not provide written submissions by the required time the Tribunal may make its decision based only on the information in the Applications or may consider the failure to respond as an abandonment of the Applications and dismiss it for that reason.

3The applicant requested an extension of time to file her submissions, which was granted, but did not ultimately respond to the NOIDs and the time for doing so passed.

4In the Decisions I dismissed both Applications because the applicant was deemed to have abandoned them, having not responded to the NOIDs.

5The applicant filed a Request for Reconsideration. This Request was denied with reasons in 2015 HRTO 680.

6The applicant has filed a second Request for Reconsideration.

7The Request is dismissed.

8The Tribunal’s Rule 26.7.1 provides as follows:

26.7.1 Where a Request for Reconsideration has been determined, the Tribunal will not consider a subsequent Request for Reconsideration of the same decision, absent exceptional circumstances. The Tribunal need not give reasons for a decision not to consider a subsequent Request.

9There are no exceptional circumstances identified by the applicant in her second Request and accordingly it is dismissed.