Human Rights Tribunal of Ontario Denies Request for Reconsideration in Leong v. Industrial Alliance Insurance and Financial Services Inc.

Strategic Insights -

The Human Rights Tribunal of Ontario has issued a decision denying the request for reconsideration in the matter of Leong v. Industrial Alliance Insurance and Financial Services Inc. In this case, the applicant, Reginald Leong, had alleged discrimination with respect to goods, services, and facilities because of disability and age contrary to the Human Rights Code. However, the Tribunal's original decision, dated September 4, 2024, dismissed the application on the grounds that the allegations of discrimination were untimely. The applicant sought reconsideration under Rule 26.5 of the Tribunal's Rules, but Adjudicator Kelly Barker found that the applicant had not met the burden of establishing any of the threshold criteria justifying reconsideration.

Key Takeaways:

  • The applicant, Reginald Leong, sought reconsideration of the Tribunal's Decision 2024 HRTO 1225, dated September 4, 2024, which dismissed the application on the grounds of untimely allegations of discrimination.
  • The applicant alleged that the Tribunal's decision was in conflict with established jurisprudence or Tribunal procedure, but failed to provide any reasons to support this claim.
  • The applicant also failed to establish that the proposed reconsideration involves a matter of general or public importance.
  • The applicant did not set out any reasons as to why other factors exist that outweigh the public interest in the finality of Tribunal decisions.
  • The Adjudicator, Kelly Barker, declined to exercise discretion and refused the Request for Reconsideration.
  • The original decision stands as issued.

Statistics:

  • 2024 HRTO 1225: the original decision dated September 4, 2024, dismissing the application on the grounds of untimely allegations of discrimination.
  • 10 days: the time period between the finalization of the original decision and the issuance of the reconsideration decision, dated October 24, 2024.
  • 1: the number of criteria in Rule 26.5 of the Tribunal's Rules that the applicant failed to meet, justifying reconsideration.
  • 0: the number of factors that existed that outweigh the public interest in the finality of Tribunal decisions, as cited by the applicant.

Sources:

  • HUMAN RIGHTS TRIBUNAL OF ONTARIO Reginald Leong Applicant -and- Industrial Alliance Insurance and Financial Services Inc. (Industrial Alliance) Respondent
  • Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
  • Rule 26.5 of the Tribunal's Rules of Procedure.
  • Latronico v. York Region District School Board, 2012 HRTO 637.
  • 4137566 Canada Ltd. v. Clements, 2011 HRTO 1008.
  • Venables v. Glen White Industries Ltd., 2018 HRTO 503.
  • Tribunal's Practice Direction on Reconsideration.