Jerome King v. Iceculture Inc., 2015 HRTO 1186

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jerome King

Applicant

-and-

Iceculture Inc.

Respondent

RECONSIDERATION DECISION

Adjudicator: Dawn J. Kershaw
Date: September 8, 2015
Citation: 2015 HRTO 1186
Indexed as: King v. Iceculture Inc.

1A hearing in respect of this Application was scheduled for September 24 and 25, 2015 in London.

2On September 4, 2015, the Tribunal issued a decision, 2015 HRTO 1180, dismissing the Application as abandoned (“abandonment decision”), because it appeared the applicant had not responded by September 2, 2015 to the August 24, 2015 Case Assessment Direction (“CAD”) that alerted the applicant to the fact that he had failed to comply with Rule 16.1 of the HRTO’s Rules of Procedure regarding pre-hearing disclosure of documents and witnesses because he had failed to provide his witness statements and documents to be relied on at the hearing to the respondent and the Tribunal by no later than August 10, 2015.

3However, in response to the abandonment decision the applicant telephoned the Tribunal and advised that he had e-mailed the Tribunal on September 2, 2015 in response to the CAD. The Tribunal subsequently discovered his e-mail in the general e-mail box, lacking any information in relation to which Tribunal file number the e-mail was sent.

RECONSIDERATION

4Under section 45.7 of the Code, the Tribunal may, on its own initiative, reconsider its decisions in accordance with Tribunal’s Rules.

45.7(2) Upon request under subsection (1) or on its own motion, the Tribunal may reconsider its decision in accordance with its rules.

5The Tribunal’s reconsideration powers are set out in the Practice Direction on Reconsideration, January 2008, last amended in April 2014. Most relevant to this Decision is Rule 26 which states in part:

26.5. A Request for Reconsideration will not be granted unless the Tribunal is satisfied that […]

(d) other factors exist that, in the opinion of the Tribunal, outweigh the public interest in the finality of Tribunal decisions.

6In the circumstances, it appears that the applicant did not intend to abandon the Application.

7The Tribunal grants the reconsideration in this case on its own initiative.

ORDER AND DIRECTION

8The reconsideration is granted and the Application is not dismissed.

9The hearing will proceed as scheduled on September 24 and 25, 2015.

10By no later than September 9, 2015, the respondent must deliver to the applicant and file with the Tribunal the documents it intends to rely upon at the hearing, a list of its witnesses and a brief statement describing what its witnesses will say when they testify.

11If the respondent does not provide the above-noted materials by September 9, 2015, the Tribunal may take any or all of the steps set out in Rule 5 of the Tribunal’s Rules of Procedure, including not permitting the respondent to call any witnesses or present any documentary evidence at the hearing.