Liaqat v. Chaudary, 2015 HRTO 64

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hina Liaqat

Applicant

-and-

Farooq Chaudary

Respondent

RECONSIDERATION DECISION

Adjudicator: Brian Cook

Date: January 15, 2015

Citation: 2015 HRTO 64

Indexed as: Liaqat v. Chaudary

WRITTEN SUBMISSIONS

Hina Liaqat, Applicant

Self-represented

1On November 27, 2014, the Tribunal issued its Decision in this Application, 2014 HRTO 1715, dismissing the Application. The applicant has asked the Tribunal to reconsider its Decision.

2The Request for Reconsideration states that the applicant requests reconsideration because she does not agree with the conclusion.

3Section 45.7 of the Code gives the Tribunal the authority to reconsider a decision in accordance with the Tribunal’s Rules:

45.7(1) Any party to a proceeding before the Tribunal may request that the Tribunal reconsider its decision in accordance with the Tribunal rules.

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

4The Tribunal has issued Rules governing requests to reconsider. Rule 26 of the Tribunal’s Rules of Procedure states:

26.1 Any party may request reconsideration of a final decision of the Tribunal within (thirty) 30 days of the date of the decision

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.

5The Tribunal’s Practice Direction on Reconsideration states in part:

Decisions of the Tribunal are generally considered final and are not subject to appeal. However, parties may request that the Tribunal reconsider a final decision it has made. Reconsideration is a discretionary remedy; there is no right to have a decision reconsidered by the Tribunal. Generally, the Tribunal will only reconsider a decision where it finds that there are compelling and extraordinary circumstances for doing so and where these circumstances outweigh the public interest in finality of orders and decisions.

Reconsideration is not an appeal or an opportunity for a party to repair deficiencies in the presentation of its case.

6In Sigrist and Carson v. London District Catholic School Board, 2008 HRTO 34, the Tribunal stated that reconsideration is not an opportunity to re-argue a case. Once the parties have had the opportunity to present their evidence and arguments to the Tribunal, and the Tribunal has made a decision disposing of the issues, parties are entitled to treat the matter as closed, subject to limited exceptions.

7I appreciate that the applicant does not agree with the conclusions reached in the Decision. However, the fact that the applicant does not agree with the result is not a reason to reconsider the Decision. The Request for Reconsideration is denied.