Jones v. Workplace Safety and Insurance Board of Ontario, 2015 HRTO 1238

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Clare Jones

Applicant

-and-

Workplace Safety and Insurance Board of Ontario and Lui Tassone

Respondents

RECONSIDERATION DECISION

Adjudicator: Laurie Letheren Date: September 17, 2015 Citation: 2015 HRTO 1238 Indexed as: Jones v. Workplace Safety and Insurance Board of Ontario

WRITTEN SUBMISSIONS

Clare Lynn Jones, Applicant Self-represented

Workplace Safety and Insurance Board of Ontario, Respondent Greg Bullen, Counsel

Introduction

1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The Tribunal issued Decision, 2015 HRTO 994, dismissing the Application as abandoned when the applicant failed to take part in a summary hearing scheduled by the Tribunal. The applicant has requested a Reconsideration of that decision.

3The circumstances in which reconsideration may be granted are set out in Rule 26.5 of the Tribunal's Rules of Procedure ("Rules"):

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.

FACTUAL BACKGROUND

4On May 5, 2015, the Tribunal issued a Notice of Summary Hearing ("Notice") to the parties confirming that a summary hearing would take place by teleconference on July 15, 2015 at 9:30 a.m. In an earlier Case Assessment Direction, the Tribunal directed that a summary hearing be held to determine whether all or part of the Application should be dismissed on the basis that it stands no reasonable prospect of success.

5The Notice informed the parties that they were responsible for calling into the teleconference for the summary hearing. The Notice sets out the telephone numbers that the parties were required to call and the conference identification number to enter for the hearing.

6When the applicant had not joined the teleconference hearing by 10 a.m. on July 15, 2015, the teleconference was ended. I dismissed the Application as abandoned in a written decision issued on July 24, 2015.

7The applicant filed a Request for Reconsideration ("Request") on August 21, 2015. In the reasons for requesting the Reconsideration the applicant stated that she had planned to attend the teleconference but that unfortunately at the time her mother had just had a serious accident and was in hospital in critical condition. The applicant indicates that once she realized she had missed the teleconference, she called the Tribunal at 12:45 on July 15, 2015 and was informed that she would have to wait until she received a decision from the Tribunal.

8The respondent has not opposed the applicant's Request.

ANALYSIS

9I find that the applicant's circumstances for missing the hearing are exceptional and that the condition listed in Rule 26.5(d) "other factors exist that, in the opinion of the Tribunal, outweigh the public interest in the finality of Tribunal decisions" should apply in this situation.

10I find that, on balance, it is appropriate to grant reconsideration as it is clear that the applicant has not abandoned her Application.

ORDER

11The Tribunal orders as follows:

a. The applicant's Request for Reconsideration is granted; and

b. The Registrar shall schedule a half day hearing by teleconference to hear oral submissions on the issue identified in the Tribunal's March 30, 2015 Case Assessment Direction. The parties will be sent a new Notice of Summary Hearing with new call in telephone numbers and conference identification numbers.

12I am not seized.