Maki v. Toronto Transit Commission, 2017 HRTO 913

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Terrance Maki Applicant

-and-

Toronto Transit Commission Respondent

RECONSIDERATION DECISION

Adjudicator: Eban Bayefsky

Date: July 20, 2017

Citation: 2017 HRTO 913

Indexed as: Maki v. Toronto Transit Commission

WRITTEN SUBMISSIONS

Terrance Maki, Applicant

Self-represented

Introduction

1On May 25, 2017, the Tribunal issued a Decision in this matter, 2017 HRTO 579, dismissing the Application on the basis that the applicant had delayed in filing his Application and the delay had not been incurred in good faith. The applicant has asked the Tribunal to reconsider this decision.

THE LAW

2Under section 45.7 of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended, granting a Request for Reconsideration is a discretionary remedy. Rule 26.5 of the Tribunal’s Rules sets out the criteria for exercising this discretion, the most relevant of which in the present case is whether there is new evidence that could potentially be determinative of the case and that could not reasonably have been obtained earlier.

ANALYSIS AND CONCLUSIONS

3I find that the applicant has not established why the Tribunal should exercise its discretion to grant his Request for Reconsideration.

4The applicant’s Request does not provide reasons why the Tribunal should reconsider its Decision, nor does it identify any new evidence that could potentially be determinative of the case. The applicant has essentially repeated the statements he made in his initial Application. A request for reconsideration is not an opportunity to restate or re-argue a position already advanced and considered.

5In the circumstances the Request for Reconsideration is denied.