Katherine Bourgeois v. Bala Kumar, 2015 HRTO 463

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Katherine Bourgeois

Applicant

-and-

Bala Kumar

Respondent

RECONSIDERATION DECISION

Adjudicator: Leslie Reaume

Date: April 10, 2015

Citation: 2015 HRTO 463

Indexed as: Bourgeois v. Kumar

1The applicant seeks reconsideration of the Decision, 2015 HRTO 173, dismissing her Application as abandoned.

2Prior to the dismissal, two Case Assessment Directions (“CAD’s”) were issued (October 24, 2014 and December 31, 2014) providing directions to the applicant. The applicant did not comply with the directions contained in the first CAD to provide the Tribunal with an alternative address for service on the individual respondent. The second CAD provided the applicant with an additional 21 days to comply with the Tribunal’s directions. The CAD also indicated that if the applicant failed to respond within that time, the Application may be dismissed for abandonment.

3The applicant did not respond to the Tribunal’s directions and the Application was dismissed as abandoned.

4The circumstances in which a Request for Reconsideration may be granted are set out in Rule 26.5 of the Tribunal’s 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.

5In her Request, the applicant explains that she relies on the assistance of a counsellor in responding to the Tribunal and that her counsellor was not available during the timeline established for a response. She also provided contact information for the individual respondent.

6While I have determined that the Application should proceed, the applicant is directed to ensure that if she is unable to meet a deadline established by the Tribunal, she contacts the Tribunal in advance to seek an extension of time. Otherwise, this Application may be dismissed as abandoned.

ORDER

7The Request for Reconsideration is granted.