Icallo v. Oak Leaf Confections, 2016 HRTO 6

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Biniam Icallo

Applicant

-and-

Oak Leaf Confections and Ion Leoveanu

Respondents

RECONSIDERATION DECISION

Adjudicator: Ken Bhattacharjee

Date: January 5, 2016

Citation: 2016 HRTO 6

Indexed as: Icallo v. Oak Leaf Confections

WRITTEN SUBMISSIONS

Biniam Icallo, Applicant

Self-represented

Introduction

1The purpose of this Reconsideration Decision is to address the applicant’s Request for Reconsideration of the Tribunal’s Decision, 2015 HRTO 742, which dismissed the Application.

BACKGROUND

2On June 13, 2014, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), with this Tribunal, which alleged that the respondents discriminated against him with respect to employment because of his colour, place of origin, ethnic origin, and disability.

3On February 23, 2015, a hearing took place. Following the hearing, the parties also filed written submissions. On June 5, 2015, the Tribunal issued a Decision, which dismissed the Application on a preliminary basis on the basis of jurisdiction because it was untimely.

4On July 6, 2015, the applicant filed a Request for Reconsideration of the Tribunal’s Decision.

ANALYSIS

5Section 45.7(1) of the Code provides that any party to a proceeding before the Tribunal may request that the Tribunal reconsider a final decision in accordance with the Tribunal rules.

6Rule 26.5 of the Tribunal’s Rules of Procedure states that 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.

7The Tribunal has also issued a Practice Direction on Reconsideration to provide guidance to the community on the nature of the reconsideration process. The Practice Direction 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.

8In his Request for Reconsideration, the applicant indicated that the Tribunal’s Decision should be reconsidered in accordance with Rule 26.5 d). In essence, he made two arguments. First, he argued that it is contrary to the public interest and the purpose of the Code for the Tribunal to decline to take jurisdiction over the Application for technical reasons, namely, the fact that the Application was filed two to three weeks late. I disagree. The Tribunal cannot consider the merits of an Application, which is outside its jurisdiction. Second, he argued that the last alleged incident of discrimination occurred on July 18, 2013, not May 21, 2013, which means that his Application was filed in a timely manner. I disagree. I already addressed the applicant’s arguments about when the last alleged incident of discrimination occurred in my Decision. Reconsideration is not available simply because a party disagrees with the Tribunal’s Decision, and it is not an opportunity for a party to reargue the case.

ORDER

9The Request for Reconsideration is dismissed.