Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 9, 2015

Waiting for internal university investigation does not justify delay in filing human rights application.

The applicant filed a human rights application alleging discrimination and reprisal by her former university and professors after she was removed from her PhD program for failing to complete her dissertation.

The respondents argued that the allegations relating to her removal were out of time.

The Tribunal found that the applicant's decision to wait for the conclusion of the university's internal human rights investigation did not constitute a good faith explanation for the delay under section 34 of the Code.

However, the Tribunal adjourned the hearing to hear further evidence on whether an alleged July 2013 conversation constituted a reprisal and formed part of a 'series of incidents' that could bring the earlier allegations within the limitation period.

The Tribunal also permitted the applicant to amend her application to include a new reprisal allegation regarding her 2015 application for re-admission.

Papanicolopoulou v. University of Windsor, 2015 HRTO 754

Request to defer human rights application pending WSIB proceedings denied due to potential delay.

The respondents requested that the applicant's human rights application alleging discrimination in employment on the basis of disability be deferred pending the conclusion of her related claim before the Workplace Safety and Insurance Board (WSIB).

The Tribunal declined to defer the application, finding that there was a potential for significant delay in the WSIB proceedings and it was unclear whether those proceedings would address the substance of the human rights allegations, including the reasons for the termination of the applicant's employment.

Erit Zajdfudem v. Bluescape Construction and Lou Hack, 2015 HRTO 697

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 21, 2015

Application against real estate agent dismissed as she merely informed applicant of trailer park's discriminatory rules.

The applicant alleged discrimination on the basis of age and family status against a real estate agent who informed him that a trailer park would not approve his purchase because he was under 50 and planned to have children.

The applicant had previously settled with the trailer park.

The Tribunal dismissed the application against the real estate agent, finding that she did not create or apply the discriminatory rules, but merely informed the applicant of them, and did not refuse to show him the unit.

McLeod v. Winter, 2015 HRTO 667

Wendy Lopez

Practising Law - Employed14 cases2011–2017

Daniel Huffaker

Practising Law - Employed29 cases2012–2025

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 19, 2015

Ministry of Education removed as respondent in special education accommodation dispute.

The applicant, a nine-year-old with Autism Spectrum Disorder, brought a human rights application against the school board, the Ministry of Education, and personal respondents regarding special education accommodations.

At a preliminary hearing, the Tribunal dismissed the application against the Ministry of Education, finding it had no Code-related obligation to oversee individual school board accommodations.

The personal respondents were removed on consent.

The parties reached an agreement establishing a process for the applicant to return to school, resolving the request for an interim order.

J.G.L. v. Toronto District School Board, 2015 HRTO 657

Brian Cook

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

The applicant filed a human rights application which was deferred pending an ongoing grievance proceeding.

The Tribunal subsequently requested updates from the applicant regarding the status of the grievance, warning that failure to respond could result in dismissal for abandonment.

After receiving no response to multiple communications, the Tribunal dismissed the application as abandoned.

Novembre v. Toronto District Catholic School Board, 2015 HRTO 648

Brian Cook

Motion to dismiss denied as WSIB decisions did not deal with the substance of the human rights application.

The applicant alleged discrimination and harassment on the basis of disability following a work-related injury, culminating in the termination of his employment.

The respondent brought a request to dismiss the application under section 45.1 of the Human Rights Code, arguing that the Workplace Safety and Insurance Board (WSIB) had appropriately dealt with the substance of the application.

The Tribunal dismissed the request, finding that the WSIB decisions provided by the parties addressed issues such as suitable work, physiotherapy entitlement, and claim referral, but did not deal with the substance of the human rights allegations.

Balram Takhi v. Traxle Manufacturing Limited, 2015 HRTO 641

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 12, 2015

Human rights application dismissed for delay and because prior proceedings dealt with the substance.

The applicant filed a human rights application alleging discrimination in employment based on disability against his former employer.

The employment relationship ended in 1999, and the applicant had previously pursued complaints through the Ministry of Labour, the Ontario Human Rights Commission, and the courts, all of which were dismissed.

The Tribunal dismissed the application, finding that the allegations related to events outside the one-year limitation period under section 34 of the Human Rights Code and that the substance of the application had already been appropriately dealt with in other proceedings under section 45.1.

Kabala v. Crawford & Company (Canada) Inc., 2015 HRTO 610

Mark Geiger

In Private Practice12 cases1986–2016

Brian Ashton

1 case2015–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 7, 2015

Application found timely as a second return-to-work meeting constituted a separate incident of alleged discrimination.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming the respondent failed to accommodate his return to work following a workplace injury.

The respondent sought to dismiss the application on preliminary grounds, arguing it was filed outside the one-year limitation period and that the WSIB had already appropriately dealt with the substance of the application.

The Tribunal found the application was timely, as a second return-to-work meeting held within the one-year period had a different purpose (considering retraining) than the first meeting, constituting a separate incident in a series.

The Tribunal declined to dismiss the application under section 45.1 at this stage, finding further evidence was required.

Barbosa v. Accurcast Inc., 2015 HRTO 590

Richard Miller

Practising Law - Employed43 cases2005–2025

Jessica Brown

In Private Practice20 cases2015–2025

Gary Luftspring

4 cases1998–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 6, 2015

Applicant's request to amend human rights application to add personal respondent, reprisal, and remedies granted.

The applicant filed a Request for Order During Proceedings to amend her human rights application to add a personal respondent, an allegation of reprisal, and a claim for monetary compensation.

The corporate respondent opposed the amendments.

The Tribunal applied the Smyth test and found compelling reasons to add the personal respondent, as her alleged conduct was the central issue.

The Tribunal also permitted the addition of the reprisal allegation and the claim for monetary compensation, noting that these issues would require factual determinations at a hearing.

The request to amend was granted in its entirety.

Hana Gebremariam v. Silver Crystal Sports Inc., 2015 HRTO 584

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 5, 2015

Request to dismiss or defer human rights application pending WSIAT appeal denied.

The respondent requested that the human rights application alleging discrimination in employment on the basis of disability be dismissed or deferred pending the applicant's appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT).

The Tribunal denied the request to dismiss, finding that the factual disputes required a hearing and that the WSIB's denial of benefits did not deal with the substance of the human rights application.

The Tribunal also declined to defer the application, noting that the WSIAT appeal was unlikely to address the discrimination and accommodation issues raised in the application.

Lefter Bani v. Co-Ex-Tec, a division of Magna Closures Inc., 2015 HRTO 567

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 4, 2015

Reconsideration request denied as applicant failed to provide new evidence unavailable at the original hearing.

The applicant sought reconsideration of a Tribunal decision that dismissed her human rights application alleging reprisal and failure to accommodate.

The applicant argued that relevant medical information was not produced at the original hearing and suggested the respondent withheld documents.

The Tribunal found that the medical information provided with the reconsideration request dated back to 2006 and did not constitute new evidence that was unavailable at the time of the hearing.

Concluding that the applicant failed to establish any of the criteria required under Rule 26 to justify re-opening a final decision, the Tribunal denied the request for reconsideration.

Vassell v. Revera Long Term Care Inc., 2015 HRTO 557

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 23, 2015

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

The applicant filed a human rights application alleging discrimination in employment after being terminated on his first day of work.

The Tribunal scheduled a summary hearing by telephone conference to determine if the application had a reasonable prospect of success.

The applicant failed to call in to the hearing and had not communicated with the Tribunal for several months.

Consequently, the Tribunal found that the applicant had abandoned the application and dismissed it.

Jasen Belanger v. Feldcamp Equipment Limited, 2015 HRTO 518

Brian Cook

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

The applicant filed an application under section 34 of the Human Rights Code.

A Notice of Confirmation of Hearing was issued for a telephone conference call hearing.

The applicant's representative withdrew prior to the hearing.

The applicant failed to call into the scheduled hearing and did not communicate with the Tribunal.

The application was dismissed as abandoned.

Irby Shepherd v. Intercon Security Ltd., 2015 HRTO 512

Brian Cook

Tribunal grants anonymization of interim decisions and allows amendment for reprisal allegation.

The applicant brought several preliminary requests, including anonymization of a previous interim decision, adding two municipalities as respondents, amending the application to include a reprisal allegation, and resisting the respondents' request to dismiss the application for having no reasonable prospect of success.

The Tribunal granted the anonymization request for the interim decisions due to sensitive personal information, allowed the amendment for reprisal, and declined to dismiss the application at this stage as evidence was required.

The applicant was given a final extension to file submissions regarding the addition of the municipalities.

D.H. v. The Governing Council of the Salvation Army in Canada, 2015 HRTO 509

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 16, 2015

Employer ordered to pay $5,000 for disability-based harassment and discrimination following a workplace injury.

The applicant, a construction worker, alleged discrimination and harassment on the basis of disability following a work-related knee injury.

The Tribunal found that the respondent subjected the applicant to unwelcome comments about his disability, failed to address a physical assault by a co-worker related to his disability, and assigned him tasks outside his physical restrictions, constituting discrimination and harassment under the Human Rights Code.

However, the Tribunal dismissed allegations that the respondent failed to accommodate the applicant during later return-to-work meetings, as the medical evidence provided at the time indicated he was totally disabled.

The Tribunal awarded $5,000 for injury to dignity, feelings, and self-respect.

Joseph Whyte v. 1080847 Ontario Ltd. o/a Baycon Construction, 2015 HRTO 484

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 9, 2015

Contravention of settlement application dismissed; request to declare applicant a vexatious litigant denied.

The applicant filed a Contravention of Settlement Application alleging the respondent breached Minutes of Settlement by having an additional person take an online human rights course and due to irregularities in the test scores.

The Tribunal found no breach, noting an employer can ask any staff to take training and irregularities in the Commission's online course scoring did not evidence falsification.

The respondent requested the applicant be declared a vexatious litigant due to multiple applications filed by him and his spouse.

The Tribunal declined to make the declaration at this time, and the application was dismissed.

James LeClair v. Deplaedt Enterprises Ltd./Canadian Tire-Brockville, 2015 HRTO 459

Victoria Shen

Practising Law - Employed11 cases2010–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 1, 2015

Restaurant ordered to pay $2,500 for denying access to a patron with an autism service dog.

The applicant, who has autism, was denied access to the respondent restaurant because she was accompanied by her service dog.

The Tribunal found that the applicant is a person with a disability and that her dog is a service dog under the applicable regulations.

The denial of service constituted discrimination under section 1 of the Human Rights Code.

The Tribunal ordered the respondent to pay $2,500 in compensation for injury to dignity, feelings, and self-respect, and to develop and implement a human rights policy.

Sweet v. 1790907 Ontario Inc. o/a Kanda Sushi, 2015 HRTO 433

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 26, 2015

Human rights application deferred pending outcome of related WSIAT appeal.

The applicant filed a human rights application alleging discrimination in employment because of disability.

The respondent requested deferral pending the outcome of a related WSIB proceeding.

The Tribunal initially deferred the application until the WSIB Appeals Resolution Officer issued a decision.

The respondent subsequently sought to dismiss the application because the applicant did not request reactivation within 60 days of the WSIB decision.

The Tribunal declined to dismiss the application, noting the applicant had appealed to the Workplace Safety and Insurance Appeals Tribunal, and instead continued the deferral pending the outcome of that appeal.

Samuel Faria v. CO-FO Concrete Forming Construction Limited, 2015 HRTO 401

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 25, 2015

Request for reconsideration denied as it provided no details or sufficient basis for reconsideration.

The applicant filed a Request for Reconsideration of a previous decision that dismissed her application for lack of jurisdiction.

The Tribunal found that the request provided no details to help understand the basis for disagreement or to determine if there was any basis to reconsider the decision.

The Request for Reconsideration was denied.

Babic v. Kroma Management, 2015 HRTO 389

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 24, 2015

Motion to dismiss Ministry of Education as a respondent granted due to lack of allegations.

The Ministry of Education filed a Request for Order During Proceedings seeking to be dismissed as a respondent in an application alleging discrimination on the basis of disability by a school and school board.

The applicant did not respond to the request.

The Tribunal granted the request and dismissed the application against the Ministry, finding that the application contained no allegations of discrimination by the Ministry and there was no indication the Ministry was involved in the alleged events.

S.S. v. Peel District School Board, 2015 HRTO 378

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

Nancy Jammu-Taylor

15 cases2006–2020

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 9, 2015

Waiting for internal university investigation does not justify delay in filing human rights application.

The respondents argued that the allegations relating to her removal were out of time.

The Tribunal also permitted the applicant to amend her application to include a new reprisal allegation regarding her 2015 application for re-admission.

Papanicolopoulou v. University of Windsor, 2015 HRTO 754

Sumitha Carvery

In Private Practice1 case2015–2015

Andrew Zabrovsky

34 cases2010–2025

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 28, 2015

Request to defer human rights application pending WSIB proceedings denied due to potential delay.

Erit Zajdfudem v. Bluescape Construction and Lou Hack, 2015 HRTO 697

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 21, 2015

Application against real estate agent dismissed as she merely informed applicant of trailer park's discriminatory rules.

The applicant had previously settled with the trailer park.

McLeod v. Winter, 2015 HRTO 667

Wendy Lopez

Practising Law - Employed14 cases2011–2017

Daniel Huffaker

Practising Law - Employed29 cases2012–2025

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 19, 2015

Ministry of Education removed as respondent in special education accommodation dispute.

At a preliminary hearing, the Tribunal dismissed the application against the Ministry of Education, finding it had no Code-related obligation to oversee individual school board accommodations.

The personal respondents were removed on consent.

The parties reached an agreement establishing a process for the applicant to return to school, resolving the request for an interim order.

J.G.L. v. Toronto District School Board, 2015 HRTO 657

Brian Cook

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

The applicant filed a human rights application which was deferred pending an ongoing grievance proceeding.

The Tribunal subsequently requested updates from the applicant regarding the status of the grievance, warning that failure to respond could result in dismissal for abandonment.

After receiving no response to multiple communications, the Tribunal dismissed the application as abandoned.

Novembre v. Toronto District Catholic School Board, 2015 HRTO 648

Brian Cook

Motion to dismiss denied as WSIB decisions did not deal with the substance of the human rights application.

The applicant alleged discrimination and harassment on the basis of disability following a work-related injury, culminating in the termination of his employment.

Balram Takhi v. Traxle Manufacturing Limited, 2015 HRTO 641

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 12, 2015

Human rights application dismissed for delay and because prior proceedings dealt with the substance.

The applicant filed a human rights application alleging discrimination in employment based on disability against his former employer.

Kabala v. Crawford & Company (Canada) Inc., 2015 HRTO 610

Mark Geiger

In Private Practice12 cases1986–2016

Brian Ashton

1 case2015–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 7, 2015

Application found timely as a second return-to-work meeting constituted a separate incident of alleged discrimination.

The Tribunal declined to dismiss the application under section 45.1 at this stage, finding further evidence was required.

Barbosa v. Accurcast Inc., 2015 HRTO 590

Richard Miller

Practising Law - Employed43 cases2005–2025

Jessica Brown

In Private Practice20 cases2015–2025

Gary Luftspring

4 cases1998–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 6, 2015

Applicant's request to amend human rights application to add personal respondent, reprisal, and remedies granted.

The applicant filed a Request for Order During Proceedings to amend her human rights application to add a personal respondent, an allegation of reprisal, and a claim for monetary compensation.

The corporate respondent opposed the amendments.

The Tribunal applied the Smyth test and found compelling reasons to add the personal respondent, as her alleged conduct was the central issue.

The Tribunal also permitted the addition of the reprisal allegation and the claim for monetary compensation, noting that these issues would require factual determinations at a hearing.

The request to amend was granted in its entirety.

Hana Gebremariam v. Silver Crystal Sports Inc., 2015 HRTO 584

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 5, 2015

Request to dismiss or defer human rights application pending WSIAT appeal denied.

The Tribunal also declined to defer the application, noting that the WSIAT appeal was unlikely to address the discrimination and accommodation issues raised in the application.

Lefter Bani v. Co-Ex-Tec, a division of Magna Closures Inc., 2015 HRTO 567

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 4, 2015

Reconsideration request denied as applicant failed to provide new evidence unavailable at the original hearing.

The applicant sought reconsideration of a Tribunal decision that dismissed her human rights application alleging reprisal and failure to accommodate.

The applicant argued that relevant medical information was not produced at the original hearing and suggested the respondent withheld documents.

The Tribunal found that the medical information provided with the reconsideration request dated back to 2006 and did not constitute new evidence that was unavailable at the time of the hearing.

Concluding that the applicant failed to establish any of the criteria required under Rule 26 to justify re-opening a final decision, the Tribunal denied the request for reconsideration.

Vassell v. Revera Long Term Care Inc., 2015 HRTO 557

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 23, 2015

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

The applicant filed a human rights application alleging discrimination in employment after being terminated on his first day of work.

The Tribunal scheduled a summary hearing by telephone conference to determine if the application had a reasonable prospect of success.

The applicant failed to call in to the hearing and had not communicated with the Tribunal for several months.

Consequently, the Tribunal found that the applicant had abandoned the application and dismissed it.

Jasen Belanger v. Feldcamp Equipment Limited, 2015 HRTO 518

Brian Cook

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

The applicant filed an application under section 34 of the Human Rights Code.

A Notice of Confirmation of Hearing was issued for a telephone conference call hearing.

The applicant's representative withdrew prior to the hearing.

The applicant failed to call into the scheduled hearing and did not communicate with the Tribunal.

The application was dismissed as abandoned.

Irby Shepherd v. Intercon Security Ltd., 2015 HRTO 512

Brian Cook

Tribunal grants anonymization of interim decisions and allows amendment for reprisal allegation.

The applicant was given a final extension to file submissions regarding the addition of the municipalities.

D.H. v. The Governing Council of the Salvation Army in Canada, 2015 HRTO 509

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 16, 2015

Employer ordered to pay $5,000 for disability-based harassment and discrimination following a workplace injury.

The applicant, a construction worker, alleged discrimination and harassment on the basis of disability following a work-related knee injury.

The Tribunal awarded $5,000 for injury to dignity, feelings, and self-respect.

Joseph Whyte v. 1080847 Ontario Ltd. o/a Baycon Construction, 2015 HRTO 484

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 9, 2015

Contravention of settlement application dismissed; request to declare applicant a vexatious litigant denied.

The Tribunal found no breach, noting an employer can ask any staff to take training and irregularities in the Commission's online course scoring did not evidence falsification.

The respondent requested the applicant be declared a vexatious litigant due to multiple applications filed by him and his spouse.

The Tribunal declined to make the declaration at this time, and the application was dismissed.

James LeClair v. Deplaedt Enterprises Ltd./Canadian Tire-Brockville, 2015 HRTO 459

Victoria Shen

Practising Law - Employed11 cases2010–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 1, 2015

Restaurant ordered to pay $2,500 for denying access to a patron with an autism service dog.

The applicant, who has autism, was denied access to the respondent restaurant because she was accompanied by her service dog.

The Tribunal found that the applicant is a person with a disability and that her dog is a service dog under the applicable regulations.

The denial of service constituted discrimination under section 1 of the Human Rights Code.

The Tribunal ordered the respondent to pay $2,500 in compensation for injury to dignity, feelings, and self-respect, and to develop and implement a human rights policy.

Sweet v. 1790907 Ontario Inc. o/a Kanda Sushi, 2015 HRTO 433

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 26, 2015

Human rights application deferred pending outcome of related WSIAT appeal.

The applicant filed a human rights application alleging discrimination in employment because of disability.

The respondent requested deferral pending the outcome of a related WSIB proceeding.

The Tribunal initially deferred the application until the WSIB Appeals Resolution Officer issued a decision.

The respondent subsequently sought to dismiss the application because the applicant did not request reactivation within 60 days of the WSIB decision.

Samuel Faria v. CO-FO Concrete Forming Construction Limited, 2015 HRTO 401

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 25, 2015

Request for reconsideration denied as it provided no details or sufficient basis for reconsideration.

The applicant filed a Request for Reconsideration of a previous decision that dismissed her application for lack of jurisdiction.

The Tribunal found that the request provided no details to help understand the basis for disagreement or to determine if there was any basis to reconsider the decision.

The Request for Reconsideration was denied.

Babic v. Kroma Management, 2015 HRTO 389

Brian Cook