HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Julie Carlisle
Applicant
-and-
2373265 Ontario Inc. o/a Perfect Painters
Respondent
RECONSIDERATION DECISION
Adjudicator: Esi Codjoe
Indexed as: Carlisle v. 2373265 Ontario Inc.
1This is a Decision on Reconsideration intiated by the Tribunal, in accordance with section 45.7 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. That section reads as follows:
(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.
2The applicant filed an Application alleging that the respondent breached a settlement entered into between the two parties. On April 21, 2017, the Tribunal held a contravention of settlement hearing; only the applicant attended the hearing. In Decision 2017 HRTO 512, issued on May 8, 2017, I granted the Application. I found that the respondent breached the terms of the settlement, and failed to pay the applicant a required payment under the agreement.
3At the time that I convened the hearing, the Tribunal was not aware that the respondent’s representative had emailed correspondence to the Tribunal advising he was unwell, and that he wished to seek an adjournment of the hearing. The email was received by the Tribunal on March 18, 2017. It included documents in support of his adjournment request. Consequently, it is evident that the Tribunal did receive the correspondence, but it was not brought to my attention.
4Therefore, it is clear that the hearing should have been adjourned under the circumstances.
ORDER
5The Tribunal makes the following orders:
a. The Tribunal, of its own motion, has reconsidered its Decision, 2017 HRTO 512, granting this Application; and,
b. The hearing will be reconvened on a date to be set by the Tribunal.
Dated at Toronto, this 19^th^ day of July, 2017.
"Signed by"
Esi Codjoe
Vice-chair