2014-99-OH; 2059-99-OH John Wales, Applicant v. Toronto Transit Commission, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; March 21, 2000
This decision concerns an application for reconsideration. On December 23, 1999 the Board issued a decision in which these applications were dismissed for failing to disclose a prima facie case or for failing to disclose any basis in fact for the relief sought.
The applicant seeks reconsideration of that decision. The basis of the Board’s finding in Board File No. 2014-99-OH that the application did not disclose a prima facie case was that the application did not specify facts in support of its allegation that the applicant was disciplined at a meeting held on September 22, 1999. There is nothing in the reconsideration request to suggest otherwise. The basis for the Board’s decision in Board File No. 2059-99-OH was that the applicant claimed he had been dismissed from employment, yet in another application he filed (Board File No.
2129-99-OH) it was apparent that was not so. There is nothing in the reconsideration request to suggest otherwise.
The Board will reconsider a decision in limited circumstances. This is because the Board places value on the finality of its decisions. Parties should generally be entitled to assume, once the Board has determined a matter, that the issues involved in the matter are over and will not recur. This enables parties to get on with their lives without having to concern themselves again with things they have addressed finally before the Board. The limited circumstances which the Board recognizes as justifying its reconsideration of an earlier decision include those in which, despite the exercise of reasonable care and attention, the party seeking reconsideration has been prevented from presenting certain relevant facts or argument to the Board before the decision was rendered. Those circumstances do not apply in this case, nor, in any event, do the allegations made by the applicant in his reconsideration request advance his original case.
In the circumstances, the applicant’s request for reconsideration is denied.
“Christopher J. Albertyn”
for the Board