Thunder Bay Police Services Board v. Burns, 2015 HRTO 139

Human Rights Tribunal of Ontario

B E T W E E N:

Thunder Bay Police Services Board Applicant

-and-

Richard Burns Respondent

RECONSIDERATION DECISION

Adjudicator: Kathleen Martin Date: January 29, 2015 Citation: 2015 HRTO 139 Indexed as: Thunder Bay Police Services Board v. Burns

WRITTEN SUBMISSIONS

Richard Burns, Respondent Self-represented

1On November 28, 2014, the Tribunal issued a Decision, 2014 HRTO 1721, dismissing the Application for Contravention of Settlement brought by the applicant against the respondent. This decision addresses what the Tribunal has treated as a Request for Reconsideration brought by the respondent.

2On December 15, 2014, the respondent sent a letter to the Tribunal which included a request for “costs related to the unsuccessful application”. On December 17, 2014, the Registrar of the Tribunal sent a letter to the applicant noting that a final decision had been issued and that as a result, the HRTO’s file had been closed. In an email dated January 7, 2015, the respondent renewed his request stating that although the decision was final, “there was nothing stated as to costs and as such I must request “reconsideration” of my request for costs…”. By letter dated January 22, 2015, the Registrar stated that it was treating the respondent’s request as a Request for Reconsideration.

3The respondent has not provided any basis for reconsideration.

4The respondent is raising a new matter that was not raised by him during the hearing. Further, the respondent has not established any of the criteria in Rule 26.5 that would justify reconsideration. Finally and in any event, it is well established that the Tribunal does not have the jurisdiction to award costs: see Dunn v. United Transportation Union, Local 104, 2008 HRTO 405.

5The Request for Reconsideration is denied.