Haye v. Toronto Police Services Board, 2016 HRTO 1695

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Everton Haye

Applicant

-and-

Toronto Police Services Board

Respondent

RECONSIDERATION DECISION

Adjudicator: Jo-Anne Pickel

Date: December 30, 2016

Citation: 2016 HRTO 1695

Indexed as: Haye v. Toronto Police Services Board

WRITTEN SUBMISSIONS

Everton Haye, Applicant

Self-represented

1This Interim Decision addresses the applicant’s request that the Tribunal reconsider its previous Interim Decisions in this matter.

2The applicant requested a reconsideration of Interim Decision 2016 HRTO 1615, in which I denied his production request.

3Rule 26.1 of the Tribunal’s Rules of Procedure provides that a party may request reconsideration of a final decision of the Tribunal. A decision will only be considered a final decision where the decision has the effect of finally determining the substance of the dispute or a central element of the dispute between the parties. See for example Ontario Human Rights Commission v. Ontario Teachers’ Federation, 1994 CanLII 10578 (ON CTGD), 19 O.R. (3d) 371.

4In Sigrist and Carson v. London District Catholic School Board, 2008 HRTO 34, the Tribunal considered at length the question of when a decision should be considered final for the purposes of the reconsideration power. After carefully considering the policy issues and the relevant authorities the Tribunal concluded:

As a general principle, having regard to the approach taken in other forums as well as the above discussion, it is reasonable to view a “final decision” as one that disposes of some or all of the central issues in the complaint as between the parties. This general principle will take on a more precise shape as the Tribunal applies it to cases before it.

5The Interim Decision challenged by the applicant is not a final decision which can be subject to a Request for Reconsideration. The Interim Decision does not dispose of some or all of the central issues in the complaint as between the parties. Not being final decision, the Interim Decision cannot be the subject of a reconsideration request. See Galuego v. Kensington Health Centre, 2009 HRTO 429.

ORDER

6For the above reasons, the applicant’s Request for Reconsideration is dismissed.