Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 20, 2015

Request to dismiss human rights application denied as prior ESA decision did not address discrimination allegations.

The respondent requested that the human rights Application be dismissed under section 45.1 of the Human Rights Code, arguing that a prior decision by an Employment Standards Officer appropriately dealt with the substance of the Application.

The Tribunal found that the ESA complaint, which concerned hours of work and related reprisal, made no mention of the human rights allegations of discrimination based on disability, sex, and age.

The Tribunal concluded that the ESA decision did not deal with the substance of the Application and dismissed the respondent's request.

Pratt v. TAG Management, 2015 HRTO 1110

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 11, 2015

Respondent's request for reconsideration dismissed; no denial of right to be heard found.

The respondent requested reconsideration of a Tribunal decision that had allowed the applicant's own reconsideration request and reinstated the application after it was dismissed for delay.

The respondent argued it was denied the right to be heard regarding allegedly new facts submitted by the applicant's former paralegal, and that the Tribunal erred in finding the applicant lacked notice of the hearing.

The Tribunal dismissed the respondent's request, finding the paralegal's submissions contained no significant new information that would trigger a right of reply, and that the respondent was improperly attempting to re-argue issues already decided.

The preliminary hearing on the issue of delay will proceed.

Shepherd v. Intercon Security Ltd., 2015 HRTO 1065

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 24, 2015

Human rights application dismissed as abandoned following the applicant's death and no communication from estate.

The applicant died in an accident while her human rights application was pending.

The Tribunal issued a Case Assessment Direction stating that the application would be deemed abandoned if no communication was received from the applicant's estate by a specified date.

Having received no further communication, the Tribunal dismissed the application as abandoned.

Luda Vidisheva v. City of Ottawa and Canadian Union of Public Employees, Local 503, 2015 HRTO 986

Human rights application dismissed as out of time; WSIB re-employment order did not extend limitation period.

The applicant filed a human rights application alleging discrimination on the basis of disability and age following the termination of her employment.

The respondent argued the application was filed outside the one-year limitation period under section 34 of the Human Rights Code.

The applicant contended that the respondent's subsequent failure to comply with a WSIB order to re-employ her constituted a continuing act of discrimination.

The Tribunal found that the WSIB's decision and the respondent's subsequent refusal to re-employ the applicant did not constitute new acts of discrimination.

As the last incident of alleged discrimination was the termination of employment, which occurred more than a year before the application was filed, the application was dismissed as out of time.

McNaughton v. ParaMed Home Health Care, 2015 HRTO 984

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 23, 2015

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal communications.

The applicant filed a human rights application, but the Tribunal's correspondence to the respondent was returned as undeliverable.

The Tribunal contacted the applicant for an updated address and warned that failure to respond would result in the application being closed as abandoned.

The applicant did not respond, and the application was dismissed as abandoned.

Solosky v. Sparro Ristorante, 2015 HRTO 976

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 22, 2015

Tribunal denies summary hearing but dismisses 2012 racial slur allegation for delay.

The respondents requested a summary hearing, the removal of two personal respondents, and the dismissal of certain allegations for delay.

The Tribunal denied the request for a summary hearing and declined to remove the school principal as a personal respondent at this stage.

The Tribunal agreed to remove the Director of Education, finding she was intended only as a contact person.

Finally, the Tribunal dismissed an allegation regarding a 2012 racial slur for delay, as it occurred more than one year before the application was filed and the applicant provided no explanation for the delay.

Griffiths v. York Catholic District School Board, 2015 HRTO 974

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 21, 2015

Human rights application dismissed as abandoned after applicant failed to respond to notice regarding delay.

The applicant filed a human rights application alleging employment discrimination based on disability more than one year after the alleged incident.

The Tribunal issued a Notice of Intent to Dismiss the application for delay and requested submissions.

The applicant failed to provide submissions by the deadline.

The Tribunal dismissed the application as abandoned.

Sean Kentfield v. F & P Manufacturing Inc., 2015 HRTO 962

Alexandra Lev-Farrell

In Private Practice20 cases2001–2020

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 16, 2015

Mall security guard's refusal to allow entry with a service dog constituted discrimination; $1,000 awarded.

The applicant, a person with a disability who uses a certified service dog, was stopped by a security guard when attempting to enter the respondent's mall.

The guard refused to look at the applicant's service animal certification and required the applicant and his pregnant wife to wait at the entrance for approximately four minutes while the guard went to the security office.

The Tribunal found that the guard's actions constituted a denial of access and discriminated against the applicant with respect to services because of his disability.

The Tribunal dismissed the applicant's claim that the mall's signage indicated an intention to discriminate.

The respondent was ordered to pay $1,000 in compensation for injury to dignity, feelings, and self-respect.

Sprague v. RioCan Empress Walk Inc., 2015 HRTO 942

Stephen Bernardo

Suspended Administratively3 cases2009–2015

Catherine Davis

3 cases2013–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 8, 2015

Human rights application dismissed under s. 45.1 as the accommodation issue was already decided at arbitration.

The applicant sought to re-activate a human rights application alleging failure to accommodate a disability, which had been deferred pending a union grievance.

The grievance arbitration had previously dismissed the accommodation claim, finding the employer incapable of accommodating the applicant.

The Tribunal dismissed the application under section 45.1 of the Human Rights Code, finding that the substance of the application was identical to the grievance and had been appropriately dealt with by the arbitrator.

Singh v. Olymel S.E.C./LP, 2015 HRTO 901

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 6, 2015

Application dismissed for lack of jurisdiction as condominium repair dispute did not involve discrimination.

The applicant filed a human rights application against a condominium property manager regarding a dispute over an outside wall repair.

The Tribunal requested clarification on how the allegations related to the Human Rights Code.

The Tribunal dismissed the application for lack of jurisdiction, finding that the dispute did not raise any allegations of discrimination covered by the Code and that an earlier potentially Code-related episode was out of time.

Grace Kalboneh v. Sam Pantelidis, 2015 HRTO 890

David Patacairk

Practising Law - Employed51 cases2009–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 25, 2015

Preliminary motion to dismiss human rights application regarding subsidized housing accommodation denied.

The applicant, a person with a disability, alleged discrimination with respect to housing because the respondent's subsidized housing program required her to move to a new unit, which she claimed she could not do due to her disability.

The respondent sought to dismiss the application at a preliminary hearing on the grounds of timeliness and having no reasonable prospect of success.

The Tribunal found the application was filed in time, as a 2014 request for an 'in situ' subsidy constituted a new incident.

The Tribunal also declined to dismiss the application for no reasonable prospect of success, finding an arguable case of constructive discrimination under section 11 of the Human Rights Code.

Marina Ross v. City of Ottawa, 2015 HRTO 853

Greg Bullen

50 cases2009–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 24, 2015

Tribunal dismisses WSIB benefit entitlement claims but allows communication accommodation claim to proceed.

The applicant alleged that the WSIB discriminated against him and failed to accommodate his psychological disability in its communications and benefit entitlement decisions.

The Tribunal dismissed the allegations relating to benefit entitlement, commutation of benefits, and delayed payments, finding they were either within the exclusive jurisdiction of the WSIB or had no reasonable prospect of success.

However, the Tribunal declined to dismiss the allegation that the WSIB failed to accommodate the applicant's disability in the manner it communicated with him, directing that this issue proceed to a further case conference.

Lawson v. Workplace Safety and Insurance Board, 2015 HRTO 850

Brian Cook

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal inquiries.

The applicant's human rights application was previously deferred pending a related legal proceeding.

The Tribunal Registrar contacted the applicant requesting an update on the other proceeding and warning that failure to respond could result in dismissal.

The applicant failed to respond to the Tribunal's inquiry.

Consequently, the application was dismissed as abandoned.

Ron LePage on behalf of Julieann LePage v. Bayfield House Retirement Lodge Inc. and Jarlett Health Services, 2015 HRTO 839

R. Mitchell Rowe

11 cases2002–2025

Brian Cook

Human rights application dismissed for delay as internal complaints process and insufficient medical evidence did not establish good faith.

The applicant filed a human rights application alleging discrimination on the basis of disability after her employment contract was not renewed.

The application was filed approximately two months after the one-year limitation period under section 34 of the Human Rights Code had expired.

The applicant argued that the delay was incurred in good faith due to her pursuit of an internal complaints process and medical difficulties.

The Tribunal found that waiting for an internal process does not constitute a good faith explanation for delay, and the medical evidence provided did not establish that her condition prevented her from filing on time.

The application was dismissed for delay.

Verreault v. Ontario (Community and Social Services), 2015 HRTO 836

Brian Cook

In Private Practice37 cases1994–2026

Reconsideration request denied as respondent failed to justify its absence from the original hearing.

The respondent requested a reconsideration of a decision finding it had discriminated against the applicant on the basis of pregnancy.

The original hearing proceeded in the respondent's absence.

The respondent argued there were new facts regarding the applicant's witnesses and requested an opportunity to explain its absence due to scheduling problems.

The Tribunal denied the request, finding the respondent had prior knowledge of the witnesses' evidence and ample time to arrange attendance, thereby failing to meet the criteria for reconsideration under Rule 26.

Watters v. Creative Minds Children Services LTO Daycare, 2015 HRTO 830

David Bannon

Brian Cook

Human rights application dismissed as abandoned after the applicant failed to attend the scheduled hearing.

The applicant filed an application alleging discrimination in employment on the basis of disability.

A hearing was scheduled for two days, but the applicant failed to attend.

The Notice of Hearing had been sent to the applicant's provided address and was not returned as undeliverable.

The Tribunal dismissed the application as abandoned.

Smith v. General Motors of Canada Limited, 2015 HRTO 828

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 17, 2015

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal correspondence.

The applicant filed an application alleging age discrimination in employment after she was not hired by the respondent following a job interview.

The Tribunal's notice to the respondent was returned as undeliverable, as the respondent appeared to have closed its Canadian business operations.

When the applicant failed to respond to the Tribunal's request for submissions on how to proceed, the Tribunal deemed the application withdrawn and dismissed it.

Miroslava Petreski v. Mexx - Ajax, 2015 HRTO 806

Brian Cook

Reconsideration request denied as applicant merely attempted to re-argue previously decided issues.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application following a summary hearing.

The applicant argued that his application should not have been dismissed for having no reasonable prospect of success and submitted additional allegations regarding his ongoing attempts to have his license reinstated.

The Tribunal denied the request, finding that the applicant was merely attempting to re-argue issues already decided and had not established any of the criteria required for reconsideration under Rule 26.

Mukesh Chopra v. Financial Services Commission of Ontario, 2015 HRTO 800

Mathieu Duceppe

5 cases2015–2016

Brian Cook

Reconsideration granted where applicant failed to appear due to lack of notice from former representative.

The applicant requested reconsideration of a decision that dismissed his human rights application as abandoned after he failed to appear at a preliminary telephone hearing.

The applicant argued he did not receive notice of the hearing from his former representative.

The Tribunal granted the reconsideration request, finding that the applicant did not receive direct notice of the hearing and clearly did not intend to abandon his application.

A new preliminary hearing was ordered to be scheduled.

Shepherd v. Intercon Security Ltd., 2015 HRTO 798

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 9, 2015

Request for reconsideration of interim decision dismissing allegations against union dismissed.

The applicant requested reconsideration of an Interim Decision that dismissed most of her allegations against the union respondents.

The Tribunal found no new facts or other factors under Rule 26.5 to warrant reconsideration and dismissed the request.

The Tribunal also provided clarification to the respondent Unifor, confirming that it only needs to respond to allegations relating to the termination of the applicant's employment and subsequent events.

Bradshaw v. Complex Services Inc., 2015 HRTO 755

Applicant

Mary FerrariSelf-represented
2 appearances
David VizcayaSelf-represented
2 appearances
Angela PapanicolopoulouSelf-represented
1 appearance
Mario BanaagSelf-represented
1 appearance
Hina LiaqatSelf-represented
1 appearance
Michael NgSelf-represented
1 appearance
Shihab TahaSelf-represented
1 appearance
Kenneth MuiSelf-represented
1 appearance
Lilie YingSelf-represented
1 appearance
Michele Van BauwelSelf-represented
1 appearance
Anna DeaneSelf-represented
1 appearance
Donna CameronSelf-represented
1 appearance
Robert SmithSelf-represented
1 appearance
Kevin CavanaghSelf-represented
1 appearance
Eugenia MoralesSelf-represented
1 appearance
Kyle BordenSelf-represented
1 appearance
Sherifat OgunyeSelf-represented
1 appearance
David CurtisSelf-represented
1 appearance
John McLeodSelf-represented
1 appearance
Carlton GerrickSelf-represented
1 appearance

counsel

Justin McLartyCounsel
1 appearance

Counsel

Anthony SpadaforaCounsel
1 appearance
Nasrudin MuminCounsel
1 appearance
Helen DanielCounsel
1 appearance
Victor YeeCounsel
1 appearance
Paul RochfordCounsel
1 appearance
Lori MishibinijimaCounsel
1 appearance
Blair McCreadieCounsel
1 appearance
Kimberly MorrisCounsel
1 appearance
Naomi LoewithCounsel
1 appearance
Natalia PolisCounsel
1 appearance
Sari SpringerCounsel
1 appearance
Malcolm MacKillopCounsel
1 appearance
Ira GreenspoonCounsel
1 appearance
Bharat KapoorCounsel
1 appearance
George VuicicCounsel
1 appearance
David DanielsonCounsel
1 appearance
Dianne JozefackiCounsel
1 appearance
Mark RowlinsonCounsel
1 appearance
Michelle KellyCounsel
1 appearance

Counsel for Human Resources Professional Association and Rebecca Durcan

Erica RichlerCounsel
1 appearance

Counsel for Loblaw Companies Limited

McLean WoodCounsel
1 appearance

Counsel for Ontario College of Nurses, Proposed Respondent

Prya MorleyCounsel
1 appearance

Counsel for Ontario Lottery and Gaming Commission

David RossCounsel
1 appearance

Counsel for the Respondents

Paul RochfordCounsel
1 appearance

Counsel for the respondent United Steelworkers, Local 7135

Cathy BakerCounsel
1 appearance

for Alana Miller

Mark EllisCounsel
1 appearance

for AuRico Gold Inc.

Michael TorranceCounsel
1 appearance

for Carillion Services Inc.

Daniel ShieldsCounsel
1 appearance

for Caroline Roncadin

Amanda SmallwoodCounsel
1 appearance

for CAW

Anthony DaleCounsel
1 appearance

for Chrysler Canada

Clifford HartCounsel
1 appearance

for Complex Services Inc.

Paul PingueCounsel
1 appearance

for Contact Niagara for Children’s and Developmental Services and Todd Mason

Lonny RosenCounsel
2 appearances

for Corrine Long

Raj AnandCounsel
1 appearance

for CUPE

Ryan GoldvineUnion representative
1 appearance
Susan BallantyneCounsel
1 appearance

for CUPE, Interested party

Fred HoUnion representative
1 appearance

for CUPE Local 3166 and CUPE Local 5200

Elizabeth NurseCounsel
1 appearance

for Deborah DeGroot

Deborah DeGrootSelf-represented
1 appearance

for Delta Bingo Inc.

Sabatina VassalliCounsel
1 appearance

for Dufferin Vacant Land Condominium Corporation No. 22

Michelle KellyCounsel
1 appearance

for F Janzen Drug Limited

Derek ZulianelloCounsel
1 appearance

for Frank Smith

Anna MatasCounsel
1 appearance

for Gomez Sebastian and Tobias Abell

Mahi KeyvaniAgent
1 appearance

for Her Majesty the Queen in right of Ontario

Anita LyonCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as Represented by the Minister of Education

Daniel HuffakerCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as represented by the Ministry of Government Services

Stuart McMahonCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as Represented by the Ministry of Training, Colleges and Universities

Bruce EllisCounsel
1 appearance

for herself

Elizabeth LewisSelf-represented
1 appearance
Chantelle SulaimanSelf-represented
1 appearance
Kirenia LindsaySelf-represented
1 appearance
Miranda PavelicSelf-represented
1 appearance

for himself

Tom SteersSelf-represented
1 appearance
David LawsonSelf-represented
1 appearance

for Honywell Safety Products

Sven PoysaCounsel
1 appearance

for Kinark Child and Family Services

Sabatina VassalliCounsel
2 appearances

for Laird Constructors

Scott ThompsonCounsel
1 appearance

for Loblaw Companies Limited and MacLean Wood

MacLean WoodCounsel
1 appearance

for Mahdi Keyvani

Mahdi KeyvaniSelf-represented
1 appearance

for Margaret De Wit

Self-representedSelf-represented
1 appearance

for Marty Burke

Marty BurkeSelf-represented
1 appearance

former representative for the Applicant

Leonard ReeceAgent
1 appearance

for Niagara Hospitality Hotels Inc.

Self-representedSelf-represented
1 appearance

for Norfolk County, Norview Lodge, Kim Jenereaux, and Cindy Arn

Ryan ConlinCounsel
1 appearance

for Ontario Charitable Gaming Association

Michael LiptonCounsel
1 appearance

for Ontario Lottery and Gaming Corporation

M. David RossCounsel
1 appearance
Tom MoutsatsosCounsel
1 appearance

for Ontario Public Service Employees Union

Hugh O’ReillyCounsel
1 appearance

for OPSEU

David WrightCounsel
1 appearance

for OPSEU Pension Trust

Ari KaplanCounsel
1 appearance

for Petro Canada

Susan MetzlerCounsel
1 appearance

for Regional Municipality of Waterloo, Helen Eby, Diana Ulett, Jacqueline Williams, Canday Wilts, Jean Shearer, Leanne Brooker, Kasia Znaniecki, and Patricia Wagler

Carl PetersonCounsel
1 appearance
Megan BealCounsel
1 appearance

for Scapa Tapes North America

Paula RusakCounsel
1 appearance

for Scapa Tapes North America and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial Local 6946-I

Katrina PeddleCounsel
1 appearance

for SEIU, Local 1 Canada

Karen WalshUnion representative
1 appearance

for Sheraton Gateway Hotel and Andrew Simmers

Donna D’AndreaCounsel
1 appearance

for Stevens Resource Group Inc.

Elizabeth TraynorCounsel
1 appearance

for St. John's

Lena VartanianCounsel
1 appearance

for the applicant

Glen MorrisonParalegal
1 appearance
Brenda CulbertAgent
1 appearance

for the Applicant

Christine LundyParalegal
6 appearances
John BartolomeoCounsel
5 appearances
Osborne BarnwellCounsel
4 appearances
Andrew SpragueSelf-represented
4 appearances
Glen MorrisonAgent
4 appearances
Shawn WestonParalegal
4 appearances
Beth WaldenCounsel
4 appearances
David VizcayaSelf-represented
3 appearances
Andrew PintoCounsel
3 appearances
Audrey VassellSelf-represented
3 appearances
Duane MyersSelf-represented
3 appearances
Victor YeeCounsel
3 appearances
George CarterSelf-represented
3 appearances
Donald CampbellSelf-represented
3 appearances
Alan BoswellSelf-represented
2 appearances
Irby ShepherdSelf-represented
2 appearances
Self-representedSelf-represented
2 appearances
Michael MooreSelf-represented
2 appearances
Ella VenholaCounsel
2 appearances
Daniel ParsonsSelf-represented
2 appearances

for the Applicants

Self-representedSelf-represented
1 appearance
Michelle BoyceSelf-represented
1 appearance
Roger MooreSelf-represented
1 appearance
Randy WeaverSelf-represented
1 appearance
Timothy WhiteSelf-represented
1 appearance
Laura WhiteSelf-represented
1 appearance
Brenda CulbertCounsel
1 appearance
Berhane TsehayeSelf-represented
1 appearance

for the Canadian Addiction Treatment Centres LP

Peter DudaCounsel
1 appearance

for the Canadian Commercial Workers Industry Pension Plan

Anthony GuindonCounsel
1 appearance

for the Canadian Union of Public Employees, Local 4807

David SteeleCounsel
1 appearance

for the College of Ontario Surgeons of Ontario

Monica TessierCounsel
1 appearance

for the Financial Services Commission of Ontario

Shemin ManjiCounsel
1 appearance

for the Halton Catholic District School Board

Brenda BowlbyCounsel
1 appearance

for the Intervener

Frank ReynoldsUnion representative
1 appearance

for the Intervenor

Stephanie HobbsCounsel
2 appearances
Paul O’RyanCounsel
2 appearances
Jessica HoffmanCounsel
1 appearance
David WrightCounsel
1 appearance
Brian AshtonCounsel
1 appearance
Gordon HumSelf-represented
1 appearance
Graham MartetteUnion representative
1 appearance
Michele Hamilton MayersCounsel
1 appearance
Jenifer JoplingCounsel
1 appearance
Catherine DavisCounsel
1 appearance
Shaheen HiraniCounsel
1 appearance
Aaron NeavesUnion representative
1 appearance
Katherine RowenCounsel
1 appearance
Heather Ann McConnellCounsel
1 appearance
Risa PancerCounsel
1 appearance
Piper HendersonCounsel
1 appearance
Ken DamUnion representative
1 appearance
Robert ChampagneCounsel
1 appearance
Jorge HurtadoCounsel
1 appearance
Mary Catherine ChambersCounsel
1 appearance

for the Intervenor York Regional Police Association

Bruce PriceCounsel
1 appearance

for The Law Foundation, Marion Boyd, and Chris Thomas

Elizabeth ForsterCounsel
1 appearance

for The Law Society of Upper Canada and Thomas Conway

Dolores BarbiniCounsel
1 appearance

for the Male Faculty Member

Ross WellsCounsel
1 appearance

for the Ministry of Children and Youth Services

Cheryl EllisonCounsel
1 appearance

for the Ministry of Community Safety and Correctional Services

Stewart McMahonCounsel
1 appearance

for the numbered company

Jeffery KerbelAgent
1 appearance

for the Office of the Independent Police Review Director, Respondent

Lynette D’SouzaCounsel
1 appearance

for the organizational respondent and the other personal respondents

Douglas AbrahamCounsel
1 appearance

for the Proposed intervenor

Melissa KronickCounsel
1 appearance

for the Proposed Personal Respondent

Simon-Pierre PaquetteCounsel
1 appearance

for the proposed respondent

Heather AldenUnion representative
1 appearance

for the Proposed Respondent

Kylie Crawford Ten BrookCounsel
1 appearance
Daryl CukiermanCounsel
1 appearance

for the Respondent

Greg BullenCounsel
5 appearances
Erica CappelloCounsel
3 appearances
Christopher RiggsCounsel
3 appearances
Andrew BrattCounsel
3 appearances
Colin YoungmanCounsel
3 appearances
David PatacairkCounsel
2 appearances
Kate DeardenCounsel
2 appearances
Mathieu DuceppeCounsel
2 appearances
Roy FilionCounsel
2 appearances
Seann McAleeseCounsel
2 appearances
Frank AngelettiCounsel
2 appearances
Samantha CrumbCounsel
2 appearances
Marnie CorboldCounsel
2 appearances
Jessica YoungCounsel
2 appearances
Evan VanDykCounsel
2 appearances
Daniel ChodosCounsel
2 appearances
Michael HorvatCounsel
2 appearances
Antonella CeddiaCounsel
2 appearances
Indira SawhCounsel
2 appearances
David WhittenCounsel
2 appearances

for the Respondent 1243564 Ontario Limited

Kathleen AndrewCounsel
1 appearance

for the Respondent 1243564 Ontario Limited o/a Total Scrap Management

Kathleen AndrewCounsel
1 appearance

for the Respondent Canadian Union of Public Employees and its Local 87

Gavin LeebCounsel
1 appearance

for the Respondent CAW

Anthony DaleCounsel
1 appearance

for the Respondent Chrysler Canada

Clifford HartCounsel
1 appearance

for the Respondent Chrysler Canada Inc.

Cliff HartCounsel
1 appearance

for the Respondent City of Hamilton

Brenda GloverCounsel
1 appearance

for the Respondent, Clint Williams

Thomas SargeantAgent
1 appearance

for the Respondent Francisco José De Andrade

Francisco José De AndradeSelf-represented
1 appearance

for the Respondent Hamilton Niagara Haldimand Brant Community Care Access Centre

Katharine ByrickCounsel
1 appearance

for the Respondent Hamilton Police Association

Joshua PhillipsCounsel
1 appearance

for the Respondent Hamilton Police Services Board

Marco VisentiniCounsel
1 appearance

for the Respondent Henry Rivas

Crista ReaCounsel
2 appearances

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Attorney General

Fatema DadaCounsel
1 appearance

for the Respondent Hotel Dieu Grace Hospital

Kate DeardenCounsel
1 appearance

for the Respondent Howard Hurwitz

Amanda SmallwoodCounsel
1 appearance

for the Respondent Mary Powell

Susan TothCounsel
1 appearance

for the Respondent Maxine Straker

Maxine StrakerSelf-represented
1 appearance

for the Respondent Michael Rogozinsky

Michael RogozinskySelf-represented
1 appearance

for the Respondent ParaMed Home Health Care

Shikha SharmaCounsel
1 appearance

for the Respondent Pomer and Boccia Professional Corporation

David PomerCounsel
2 appearances

for the Respondent, Prescott Standard Condominium Corporation No. 19

Mitchell RobinsonCounsel
1 appearance

for the Respondent Rogers Blue Jays Baseball Partnership dba Toronto Blue Jays Baseball Club

Arlen SternbergCounsel
1 appearance

for the respondents

Mr. LaplanteCounsel
1 appearance
Catherine PetersCounsel
1 appearance

for the Respondents

Susan MunnCounsel
4 appearances
Erin PorterCounsel
3 appearances
Patty MurrayCounsel
3 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Mathew MihailovichCounsel
2 appearances
Catherine PetersCounsel
2 appearances
Ellen LowCounsel
2 appearances
David GourlayCounsel
2 appearances
Kristin TaylorCounsel
2 appearances
Robert StewartAgent
2 appearances
Michelle AltonCounsel
2 appearances
Jean Leslie MarentetteCounsel
2 appearances
Philip GrahamCounsel
1 appearance
Tom MoutsatsosCounsel
1 appearance
Laura CassianiCounsel
1 appearance
Kate DeardenCounsel
1 appearance
David GoodmanCounsel
1 appearance
Chris EamesCounsel
1 appearance
Tim LawsonCounsel
1 appearance
Junny LoSelf-represented
1 appearance

for the Respondents, 2447127 Ontario Inc.

Thomas SchoenleberParalegal
1 appearance

for the Respondents Karim Zahraei and Roghaiyeh Salmani Farmand

Aysan ZahraeiAgent
1 appearance

for the Respondents Sabeena Misra, L. Atwood, France Fernando, Angela Novena, David Adekoya, Roy Diklich, Curtis Fedoruk and Adewale Akinisotu

Helen RichardsCounsel
1 appearance

for the Respondents Service Employees International Union Canada Local 1, Christine Gilbert and Mike Newell

Mike NewellUnion representative
1 appearance

for the Respondent, Stevens Resource Group

Elizabeth TraynorCounsel
1 appearance

for the Respondents The Corporation of Norfolk County, Norview Lodge, Kim Jenereaux and Jill Thompson

Ryan ConlinCounsel
1 appearance

for the Respondents The Regional Municipality of York Police Services Board and Kirk Marshall

Stephen MaioCounsel
1 appearance

for the Respondent The City of Thunder Bay

M. FricotCounsel
1 appearance

for the Respondent The Corporation of the City of Thunder Bay

Mandy FricotCounsel
1 appearance

for the Respondent The Regional Municipality of Peel Police Services Board

Paula RuzakCounsel
1 appearance

for the Respondent Ticketmaster Canada LP

Stuart SvonkinCounsel
1 appearance

for the Respondent Toronto Electric Model Aviation Club

Simon HinchcliffeAgent
1 appearance

for the Respondent Toronto Police Services Board

Andrea DenovanCounsel
1 appearance

for the Respondent Toronto Standard Condominium Corporation No. 1919

Bradley ChaplickCounsel
1 appearance

for the Respondent Toronto Standard Condominium Corporation No. 2471

Jessica HoffmanCounsel
1 appearance

for the Respondent Unifor and its Local 1285

Anthony DaleCounsel
1 appearance

for the Respondent University Health Network – Toronto Western Hospital

Lee LenkinskiCounsel
1 appearance

for the Respondent Windsor Regional Hospital

Paula TrattnerCounsel
1 appearance

for the Respondent, Workplace Safety and Insurance Board

Gurjit BrarCounsel
1 appearance

for the Service Employees International Union Canada, Local 1

Mike NewellUnion representative
1 appearance

for the Toronto District School Board

Wendy LopezCounsel
1 appearance

for the Workplace Safety and Insurance Board

Agnes WintersingerAgent
1 appearance
Greg BullenCounsel
1 appearance

for Unifor

Piper HendersonCounsel
1 appearance

for Unifor Local 1106, Karrie Mercier and Bill McLachlan

Kathryn BellCounsel
1 appearance

for United Steelworkers

Shaheen HiraniCounsel
1 appearance

for V.H. Fuels Inc.

Eric AmodeoCounsel
1 appearance

for Vince Kerrio

William HayterCounsel
1 appearance

for York University

Joanna RainbowCounsel
1 appearance

On her own behalf

Catherine ChanSelf-represented
1 appearance

On Her Own Behalf

Houdeh HoushangiSelf-represented
1 appearance

on his own behalf

Gilbert McIntyreSelf-represented
1 appearance

On his own behalf

Orlando PrescodSelf-represented
1 appearance
Beata PhilipSelf-represented
1 appearance
Jim HattonSelf-represented
1 appearance
Gansham NarayanSelf-represented
1 appearance

Respondent

Mary WinterSelf-represented
1 appearance
Scott HillAgent
1 appearance
Gordon FitzgeraldCounsel
1 appearance

Respondents

Jinan KubursiCounsel
1 appearance

Self-represented

Brenda DaughertySelf-represented
1 appearance
Candace BurgessSelf-represented
1 appearance
Elizabeth WoodworkSelf-represented
1 appearance
Judith PidgeonSelf-represented
1 appearance
Gary WoodsSelf-represented
1 appearance
Daniel MalloySelf-represented
1 appearance

The Applicant

Peter GeorgakopoulosSelf-represented
1 appearance
Angelo HarrisonSelf-represented
1 appearance
Fraser KegelSelf-represented
1 appearance
Olakemi SobomehinSelf-represented
1 appearance
Cheryl StoneburghSelf-represented
1 appearance
Suzanne CohenSelf-represented
1 appearance

The Intervenor

Victor YeeCounsel
1 appearance

The Respondent

Nasrudin MuminCounsel
1 appearance
Justin McLartyCounsel
1 appearance
Colette DagherAgent
1 appearance
Erik SavasCounsel
1 appearance
Chris MendesAgent
1 appearance
Victor YeeCounsel
1 appearance

Peikang DaiCounsel
1 appearance

757

Decisions

Years active

Tribunals

3.6

cases/mo

HRTO706(93%)

OCAT51(7%)

Decision types

motion

648

trial

109

/Adjudicator

Brian Cook — Member

Human Rights

Employment and Labour Law

Administrative Law

Other Tribunals

Real Estate Law

Workplace Safety and Insurance Law

Workers' Compensation

Landlord and Tenant

Health Law

ADR/Mediation Services

Brian Cook

Member·Condominium Authority Tribunal·Since 2008

OCAT HRTO

757

cases · 19 yrs · HRTO, OCAT

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 554Adjudicator· 63Vice-chair· 63Member· 51Vice-Chair· 14Adjudicator· 8Vice-Chair· 1

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 20, 2015

Request to dismiss human rights application denied as prior ESA decision did not address discrimination allegations.

The Tribunal found that the ESA complaint, which concerned hours of work and related reprisal, made no mention of the human rights allegations of discrimination based on disability, sex, and age.

The Tribunal concluded that the ESA decision did not deal with the substance of the Application and dismissed the respondent's request.

Pratt v. TAG Management, 2015 HRTO 1110

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 11, 2015

Respondent's request for reconsideration dismissed; no denial of right to be heard found.

The respondent requested reconsideration of a Tribunal decision that had allowed the applicant's own reconsideration request and reinstated the application after it was dismissed for delay.

The preliminary hearing on the issue of delay will proceed.

Shepherd v. Intercon Security Ltd., 2015 HRTO 1065

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 24, 2015

Human rights application dismissed as abandoned following the applicant's death and no communication from estate.

The applicant died in an accident while her human rights application was pending.

The Tribunal issued a Case Assessment Direction stating that the application would be deemed abandoned if no communication was received from the applicant's estate by a specified date.

Having received no further communication, the Tribunal dismissed the application as abandoned.

Luda Vidisheva v. City of Ottawa and Canadian Union of Public Employees, Local 503, 2015 HRTO 986

Moira Wallace

In Private Practice6 cases2015–2016

Mary Kokosis

In Private Practice11 cases2013–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 23, 2015

Human rights application dismissed as out of time; WSIB re-employment order did not extend limitation period.

The applicant filed a human rights application alleging discrimination on the basis of disability and age following the termination of her employment.

The respondent argued the application was filed outside the one-year limitation period under section 34 of the Human Rights Code.

The applicant contended that the respondent's subsequent failure to comply with a WSIB order to re-employ her constituted a continuing act of discrimination.

The Tribunal found that the WSIB's decision and the respondent's subsequent refusal to re-employ the applicant did not constitute new acts of discrimination.

As the last incident of alleged discrimination was the termination of employment, which occurred more than a year before the application was filed, the application was dismissed as out of time.

McNaughton v. ParaMed Home Health Care, 2015 HRTO 984

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 23, 2015

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal communications.

The applicant filed a human rights application, but the Tribunal's correspondence to the respondent was returned as undeliverable.

The Tribunal contacted the applicant for an updated address and warned that failure to respond would result in the application being closed as abandoned.

The applicant did not respond, and the application was dismissed as abandoned.

Solosky v. Sparro Ristorante, 2015 HRTO 976

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 22, 2015

Tribunal denies summary hearing but dismisses 2012 racial slur allegation for delay.

The respondents requested a summary hearing, the removal of two personal respondents, and the dismissal of certain allegations for delay.

The Tribunal denied the request for a summary hearing and declined to remove the school principal as a personal respondent at this stage.

The Tribunal agreed to remove the Director of Education, finding she was intended only as a contact person.

Griffiths v. York Catholic District School Board, 2015 HRTO 974

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 21, 2015

Human rights application dismissed as abandoned after applicant failed to respond to notice regarding delay.

The applicant filed a human rights application alleging employment discrimination based on disability more than one year after the alleged incident.

The Tribunal issued a Notice of Intent to Dismiss the application for delay and requested submissions.

The applicant failed to provide submissions by the deadline.

The Tribunal dismissed the application as abandoned.

Sean Kentfield v. F & P Manufacturing Inc., 2015 HRTO 962

Alexandra Lev-Farrell

In Private Practice20 cases2001–2020

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 16, 2015

Mall security guard's refusal to allow entry with a service dog constituted discrimination; $1,000 awarded.

The applicant, a person with a disability who uses a certified service dog, was stopped by a security guard when attempting to enter the respondent's mall.

The Tribunal found that the guard's actions constituted a denial of access and discriminated against the applicant with respect to services because of his disability.

The Tribunal dismissed the applicant's claim that the mall's signage indicated an intention to discriminate.

The respondent was ordered to pay $1,000 in compensation for injury to dignity, feelings, and self-respect.

Sprague v. RioCan Empress Walk Inc., 2015 HRTO 942

Stephen Bernardo

Suspended Administratively3 cases2009–2015

Catherine Davis

3 cases2013–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 8, 2015

Human rights application dismissed under s. 45.1 as the accommodation issue was already decided at arbitration.

The applicant sought to re-activate a human rights application alleging failure to accommodate a disability, which had been deferred pending a union grievance.

The grievance arbitration had previously dismissed the accommodation claim, finding the employer incapable of accommodating the applicant.

Singh v. Olymel S.E.C./LP, 2015 HRTO 901

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 6, 2015

Application dismissed for lack of jurisdiction as condominium repair dispute did not involve discrimination.

The applicant filed a human rights application against a condominium property manager regarding a dispute over an outside wall repair.

The Tribunal requested clarification on how the allegations related to the Human Rights Code.

Grace Kalboneh v. Sam Pantelidis, 2015 HRTO 890

David Patacairk

Practising Law - Employed51 cases2009–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 25, 2015

Preliminary motion to dismiss human rights application regarding subsidized housing accommodation denied.

The respondent sought to dismiss the application at a preliminary hearing on the grounds of timeliness and having no reasonable prospect of success.

The Tribunal found the application was filed in time, as a 2014 request for an 'in situ' subsidy constituted a new incident.

The Tribunal also declined to dismiss the application for no reasonable prospect of success, finding an arguable case of constructive discrimination under section 11 of the Human Rights Code.

Marina Ross v. City of Ottawa, 2015 HRTO 853

Greg Bullen

50 cases2009–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 24, 2015

Tribunal dismisses WSIB benefit entitlement claims but allows communication accommodation claim to proceed.

The applicant alleged that the WSIB discriminated against him and failed to accommodate his psychological disability in its communications and benefit entitlement decisions.

Lawson v. Workplace Safety and Insurance Board, 2015 HRTO 850

Brian Cook

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal inquiries.

The applicant's human rights application was previously deferred pending a related legal proceeding.

The Tribunal Registrar contacted the applicant requesting an update on the other proceeding and warning that failure to respond could result in dismissal.

The applicant failed to respond to the Tribunal's inquiry.

Consequently, the application was dismissed as abandoned.

Ron LePage on behalf of Julieann LePage v. Bayfield House Retirement Lodge Inc. and Jarlett Health Services, 2015 HRTO 839

R. Mitchell Rowe

11 cases2002–2025

Brian Cook

Human rights application dismissed for delay as internal complaints process and insufficient medical evidence did not establish good faith.

The applicant filed a human rights application alleging discrimination on the basis of disability after her employment contract was not renewed.

The application was filed approximately two months after the one-year limitation period under section 34 of the Human Rights Code had expired.

The applicant argued that the delay was incurred in good faith due to her pursuit of an internal complaints process and medical difficulties.

The application was dismissed for delay.

Verreault v. Ontario (Community and Social Services), 2015 HRTO 836

Brian Cook

In Private Practice37 cases1994–2026

Reconsideration request denied as respondent failed to justify its absence from the original hearing.

The respondent requested a reconsideration of a decision finding it had discriminated against the applicant on the basis of pregnancy.

The original hearing proceeded in the respondent's absence.

The respondent argued there were new facts regarding the applicant's witnesses and requested an opportunity to explain its absence due to scheduling problems.

Watters v. Creative Minds Children Services LTO Daycare, 2015 HRTO 830

David Bannon

Brian Cook

Human rights application dismissed as abandoned after the applicant failed to attend the scheduled hearing.

The applicant filed an application alleging discrimination in employment on the basis of disability.

A hearing was scheduled for two days, but the applicant failed to attend.

The Notice of Hearing had been sent to the applicant's provided address and was not returned as undeliverable.

The Tribunal dismissed the application as abandoned.

Smith v. General Motors of Canada Limited, 2015 HRTO 828

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 17, 2015

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal correspondence.

The applicant filed an application alleging age discrimination in employment after she was not hired by the respondent following a job interview.

The Tribunal's notice to the respondent was returned as undeliverable, as the respondent appeared to have closed its Canadian business operations.

When the applicant failed to respond to the Tribunal's request for submissions on how to proceed, the Tribunal deemed the application withdrawn and dismissed it.

Miroslava Petreski v. Mexx - Ajax, 2015 HRTO 806

Brian Cook

Reconsideration request denied as applicant merely attempted to re-argue previously decided issues.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application following a summary hearing.

Mukesh Chopra v. Financial Services Commission of Ontario, 2015 HRTO 800

Mathieu Duceppe

5 cases2015–2016

Brian Cook

Reconsideration granted where applicant failed to appear due to lack of notice from former representative.

The applicant requested reconsideration of a decision that dismissed his human rights application as abandoned after he failed to appear at a preliminary telephone hearing.

The applicant argued he did not receive notice of the hearing from his former representative.

The Tribunal granted the reconsideration request, finding that the applicant did not receive direct notice of the hearing and clearly did not intend to abandon his application.

A new preliminary hearing was ordered to be scheduled.

Shepherd v. Intercon Security Ltd., 2015 HRTO 798

Brian Cook