Antenucci v. 1416992 Ontario Inc. o/a ATL Logistics, 2016 HRTO 1232

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Natalie Antenucci

Applicant

-and-

1416992 Ontario Inc. o/a ATL Logistics and Linton Campbell

Respondents

RECONSIDERATION DECISION

Adjudicator: Keith Brennenstuhl

Date: September 20, 2016

Citation: 2016 HRTO 1232

Indexed as: Antenucci v. 1416992 Ontario Inc. o/a ATL Logistics

WRITTEN SUBMISSIONS

Natalie Antenucci, Applicant

Self-represented

1On May 6, 2014, the Tribunal issued its Decision in this Application, 2014 HRTO 646, dismissing the Application. The applicant has asked the Tribunal to reconsider its Decision.

2Section 45.7 of the Human Rights Code, R.S.O. 1990, c. H.19 provides the Tribunal with authority to reconsider its decision. Further to its power to make rules, the Tribunal has issued Rules governing Requests for Reconsideration. Most relevant to this Reconsideration Decision is Rule 26, which states:

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

3The applicant was required to file her reconsideration request within 30 days of the Tribunal’s May 6, 2014 Decision. However, the applicant did not submit the Request for Reconsideration until August 26, 2016, at which point the deadline for reconsideration had long elapsed.

4A request for reconsideration filed beyond the 30 day deadline will not be granted unless the Tribunal determines that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.

5I find that no explanation has been offered for the inordinate delay in filing this Request for Reconsideration and no explanation as to why the applicant was unable to comply with the Tribunal’s Rules. The applicant has provided no meaningful information or justification for why the Request for Reconsideration was made well over two years beyond the timeline stipulated in Rule 26.

6As such, I find that the applicant did not establish that the delay was incurred in good faith.

[7]

8The Tribunal may deny the Request for Reconsideration on the basis of delay alone. See der von Felix v. International Financial Data Services (Canada), 2010 HRTO 362 and Liu v. Country Herbs, 2011 HRTO 1166.

9Accordingly, the Request for Reconsideration is denied.