Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 24, 2015

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

The applicant failed to respond to a Case Assessment Direction requiring him to confirm his intention to proceed with the application by a specified date.

Having received no communication from the applicant, the Human Rights Tribunal of Ontario dismissed the application as abandoned.

Green v. Cash Store Financial Inc., 2015 HRTO 371

Erin Porter

In Private Practice15 cases2012–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 17, 2015

Human rights application alleging reprisal and failure to accommodate disability dismissed.

The applicant, a Personal Support Worker, alleged discrimination on the basis of disability and reprisal after her employment was terminated following an incident where a resident suffered a fractured femur during a transfer.

The applicant claimed she was falsely blamed for the incident in reprisal for a previous human rights application.

She also alleged failure to accommodate her knee disability when assigned to a floor requiring more walking.

The Tribunal dismissed the application, finding no reasonable prospect of success for the reprisal claim as the termination was based on independent investigation findings.

The Tribunal also found the floor assignment was consistent with a prior accommodation settlement and no updated medical restrictions were provided.

Vassell v. Revera Long Term Care Inc., 2015 HRTO 343

Tribunal dismisses most allegations against unions for lack of prospect of success but allows amended application against employer to proceed.

The applicant filed multiple human rights applications against her employer and unions alleging discrimination based on disability, failure to accommodate, and failure to properly represent her in grievances.

Following a summary hearing, the Tribunal granted the applicant's request to amend her applications to include recent events including her termination.

The Tribunal dismissed all allegations against OPSEU and most allegations against Unifor as having no reasonable prospect of success, finding no evidence that the unions' actions were discriminatory.

The allegations against the employer and the remaining allegations against Unifor regarding post-termination events were allowed to proceed to a hearing, where the potential application of section 45.1 of the Code will be considered.

Bradshaw v. Complex Services Inc., 2015 HRTO 338

Jessica Young

8 cases2012–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 12, 2015

Application dismissed for failure to re-activate within the 60-day deadline following a WSIB decision.

The applicant sought to re-activate his human rights application, which had been deferred pending the outcome of a WSIB proceeding.

The applicant missed the 60-day deadline to request re-activation following the WSIB decision, filing his request approximately five months late.

Although the applicant cited his mother's terminal illness and subsequent estate issues as reasons for the delay, he admitted he had not thought about the application until contacted by the Tribunal.

The Tribunal found it was not appropriate to extend the deadline and dismissed the application.

Simopoulos v. Sprint Insight Inc., 2015 HRTO 303

Stephanie Hobbs

In Private Practice8 cases2011–2015

Colin Youngman

13 cases2010–2022

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 9, 2015

Summary hearing allows teacher's reprisal application to proceed but dismisses unsupported age discrimination claim.

The applicant, a retired teacher, filed a human rights application alleging reprisal and age discrimination by the respondent school board.

The applicant claimed he was forced to retire due to unfair treatment during a workplace investigation, which he alleged was retaliation for a previous human rights application he had filed.

At a summary hearing, the Tribunal dismissed the age discrimination claim as no supporting allegations were presented.

However, the Tribunal found that the applicant had identified evidence which, if true, could show reprisal contrary to section 8 of the Human Rights Code.

The Tribunal declined to dismiss the reprisal allegations and directed that the matter proceed to case management.

Robert Sells v. Kawartha Pine Ridge District School Board, 2015 HRTO 276

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 6, 2015

Human rights application dismissed for lack of standing as applicant did not personally experience discrimination.

The applicant, a union representative, filed a human rights application alleging that the Seasonal Agricultural Workers Program discriminates on the basis of sex by allowing farms to stipulate the sex of Mexican workers they hire, resulting in very few women being hired.

The Tribunal issued a Notice of Intent to Dismiss because the applicant had not personally experienced discrimination.

The Tribunal dismissed the application, finding it lacked jurisdiction under section 34 of the Human Rights Code because the applicant's own rights were not infringed and the application was not brought on behalf of a consenting person.

Stan Raper v. Foreign Agricultural Resource Management Services, 2015 HRTO 269

Brian Cook

Request for reconsideration denied as applicant failed to establish grounds under Rule 26.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application for being filed more than one year after the last alleged incident of discrimination.

The applicant argued he delayed filing because he was pursuing a grievance process and noted a factual error in the original decision regarding whether he was interviewed.

The Tribunal denied the request, finding that waiting for other processes to conclude does not constitute a good faith explanation for delay, and the factual error had no bearing on the delay issue.

Ahmed v. Ontario (Transportation), 2015 HRTO 266

Brian Cook

Request to reconsider dismissal for lack of jurisdiction denied as applicant merely disagreed with decision.

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

The applicant disagreed with the finding but provided no details to show the decision was wrong.

The Tribunal held that mere disagreement with a decision is not a basis for reconsideration and denied the request.

Katherine Lin v. I AM Saint Germain Church, 2015 HRTO 265

Elizabeth Forster

19 cases1980–2015

Dolores Barbini

13 cases1994–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 4, 2015

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

The applicant filed an application alleging discrimination contrary to the Human Rights Code.

The Tribunal scheduled a summary hearing to determine if the application should be dismissed for delay or having no reasonable prospect of success.

The applicant's last-minute request for an adjournment was denied.

When the applicant failed to attend the scheduled summary hearing, the Tribunal dismissed the application as abandoned.

Fernando v. The Law Society of Upper Canada, 2015 HRTO 259

Maria Kotsopoulos

In Private Practice18 cases2009–2024

Katherine Rowen

7 cases2008–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 26, 2015

Tribunal permits amendment to add reprisal claim and declines to remove personal respondents at preliminary stage.

The applicant, a former police officer, sought to amend his human rights application to include an allegation of reprisal, claiming the corporate respondent filed his application in proceedings against him under the Police Services Act.

The respondents requested the removal of the personal respondents and that notice be given to the Toronto Police Service.

The Tribunal granted the applicant's request to amend the application, finding further evidence was needed to determine if the conduct constituted reprisal.

The Tribunal declined to remove the personal respondents at this stage and found no need to give notice to the Toronto Police Service.

Curtis Rutt v. Orangeville Police Service, 2015 HRTO 237

Todd Weisberg

9 cases2014–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 19, 2015

Human rights application dismissed under s. 45.1 as substance was dealt with by WSIB.

The applicant filed a human rights application alleging discrimination and failure to accommodate his disability, leading to his termination.

The application was deferred pending WSIB and WSIAT proceedings.

The WSIB Appeals Resolution Officer (ARO) found the applicant was capable of full-time work and that his termination was due to a safety violation, not his disability.

The applicant appealed to the WSIAT but abandoned the hearing.

The Tribunal dismissed the human rights application under section 45.1 of the Code, finding that the ARO had appropriately dealt with the substance of the accommodation issue, and that pursuing the termination issue at the Tribunal after abandoning the WSIAT appeal was an abuse of process.

Tesfamariam v. Camcor Manufacturing, 2015 HRTO 219

Greg Bullen

50 cases2009–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 27, 2015

Human rights application dismissed; alleged misinformation by WSIB about benefits did not constitute disability discrimination.

The applicant, an injured worker, alleged that the WSIB discriminated against him on the basis of disability by misinforming him about the impact of a non-compensable neck surgery on his benefits and Work Transition program.

The applicant claimed this misinformation caused him to delay necessary surgery.

The Tribunal dismissed the application, finding that even if the Claims Manager provided incorrect information, there was no evidence that the misinformation was based on the applicant's disability.

The Tribunal reiterated that it does not have jurisdiction to review the correctness of WSIB benefit decisions or to remedy poor customer service absent a connection to a Code-protected ground.

Peter Blair McGuin v. Workplace Safety and Insurance Board, 2015 HRTO 123

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 15, 2015

Reconsideration request denied; mere disagreement with the decision is not a valid ground.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed her application.

The sole basis for the request was that she disagreed with the conclusion.

The Tribunal denied the request, noting that disagreement with a decision is not a valid ground for reconsideration under the Tribunal's Rules of Procedure.

Liaqat v. Chaudary, 2015 HRTO 64

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 13, 2015

Reconsideration request denied as applicant merely re-argued issues already decided.

The applicant requested a reconsideration of a Tribunal decision that dismissed his age discrimination application.

The applicant argued the decision was riddled with errors and that the respondent withheld evidence.

The Tribunal denied the request, finding that the applicant was merely re-arguing the issues and evidence already considered, and failed to identify any factors under Rule 26 that would justify reconsideration.

Campbell v. Intercon Security Limited, 2015 HRTO 49

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 6, 2015

Human rights application dismissed for lack of jurisdiction as applicant lacked standing to complain about son's treatment.

The applicant filed a human rights application alleging discrimination by her son's landlord, the Landlord and Tenant Board, and her son's psychiatrist, based on her attempts to intervene on her son's behalf.

The Tribunal issued a Notice of Intent to Dismiss.

The Tribunal found it lacked jurisdiction because the applicant was not a tenant of the landlord, was not a patient of the psychiatrist, and could not bring an application on behalf of her son without his consent.

The application was dismissed.

Babic v. Kroma Management, 2015 HRTO 15

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 5, 2015

Reconsideration request denied as applicant failed to meet the criteria under Rule 26.5.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed her human rights application.

She sought compensation and noted she had completed a court-supervised diversion program.

The Tribunal denied the request, finding that the applicant failed to identify any of the required factors under Rule 26.5 of the Tribunal's Rules of Procedure to justify a reconsideration.

Mary Ferrari v. University of Toronto, 2015 HRTO 8

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 31, 2014

Human rights application dismissed for lack of jurisdiction over out-of-province entities, federal undertakings, and adjudicators.

The applicant filed a human rights application against numerous respondents, including entities in British Columbia, federal undertakings, adjudicators, legal representatives, police, and court officials.

The Tribunal issued a Notice of Intent to Dismiss.

After reviewing the applicant's submissions, the Tribunal dismissed the application in its entirety, finding it lacked jurisdiction over out-of-province respondents and federal undertakings, that adjudicators are protected by adjudicative immunity, and that the remaining allegations did not engage any Code-protected rights.

Katherine Lin v. I AM Saint Germain Church et al., 2014 HRTO 1842

Brian Cook

Request to re-activate deferred human rights application denied pending WSIB Appeals Resolution Officer decision.

The applicant requested the re-activation of his human rights application, which had been deferred pending the conclusion of concurrent WSIB proceedings regarding his workplace injury and subsequent termination.

The applicant argued that excessive delays in the WSIB appeals process warranted re-activation.

The Tribunal reviewed the principles of deferral in the context of the complex WSIB system, noting that while indefinite deferral can cause prejudice, the WSIB proceeding might still address the substance of the application.

The Tribunal ordered that the application remain deferred until a decision is reached by a WSIB Appeals Resolution Officer, with leave to request re-activation if further unreasonable delay occurs.

Douglas Keith v. GNI Management Group Inc., 2014 HRTO 1824

Brian Cook

Human rights application dismissed as out of time; pursuing other remedies did not justify delay.

The applicant filed a human rights application alleging age discrimination in a job competition more than one year after the incident.

He argued the delay was in good faith because he had pursued the matter through a union grievance and a complaint to the Integrity Commissioner.

The Tribunal dismissed the application, holding that pursuing other legal remedies before turning to the Tribunal does not normally constitute a good faith explanation for delay under section 34(2) of the Human Rights Code.

Ahmed v. Ontario (Transportation), 2014 HRTO 1820

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 17, 2014

Employer ordered to pay $10,000 for terminating employee with work-related back injury instead of accommodating.

The applicant alleged discrimination in employment on the basis of disability and citizenship after his employment was terminated following a work-related back injury.

The Tribunal found that the respondent failed to accommodate the applicant's disability to the point of undue hardship and improperly deemed him to have abandoned his employment while WSIB return-to-work discussions were ongoing.

The Tribunal concluded that the applicant's disability was a factor in his termination.

The citizenship claim was dismissed for lack of evidence.

The respondent was ordered to pay $10,000 as compensation for injury to dignity, feelings, and self-respect.

Philomen v. Jessar Eglinton Limited dba Aaron’s Sales and Lease to Ownership, 2014 HRTO 1794

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 OntarioMar 24, 2015

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

The applicant failed to respond to a Case Assessment Direction requiring him to confirm his intention to proceed with the application by a specified date.

Having received no communication from the applicant, the Human Rights Tribunal of Ontario dismissed the application as abandoned.

Green v. Cash Store Financial Inc., 2015 HRTO 371

Erin Porter

In Private Practice15 cases2012–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 17, 2015

Human rights application alleging reprisal and failure to accommodate disability dismissed.

The applicant claimed she was falsely blamed for the incident in reprisal for a previous human rights application.

She also alleged failure to accommodate her knee disability when assigned to a floor requiring more walking.

The Tribunal dismissed the application, finding no reasonable prospect of success for the reprisal claim as the termination was based on independent investigation findings.

The Tribunal also found the floor assignment was consistent with a prior accommodation settlement and no updated medical restrictions were provided.

Vassell v. Revera Long Term Care Inc., 2015 HRTO 343

Piper Henderson

Practising Law - Employed10 cases2011–2016

Paul Pingue

3 cases2013–2015

David Wright

188 cases1989–2025

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 17, 2015

Tribunal dismisses most allegations against unions for lack of prospect of success but allows amended application against employer to proceed.

Following a summary hearing, the Tribunal granted the applicant's request to amend her applications to include recent events including her termination.

The Tribunal dismissed all allegations against OPSEU and most allegations against Unifor as having no reasonable prospect of success, finding no evidence that the unions' actions were discriminatory.

Bradshaw v. Complex Services Inc., 2015 HRTO 338

Jessica Young

8 cases2012–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 12, 2015

Application dismissed for failure to re-activate within the 60-day deadline following a WSIB decision.

The applicant sought to re-activate his human rights application, which had been deferred pending the outcome of a WSIB proceeding.

The applicant missed the 60-day deadline to request re-activation following the WSIB decision, filing his request approximately five months late.

Although the applicant cited his mother's terminal illness and subsequent estate issues as reasons for the delay, he admitted he had not thought about the application until contacted by the Tribunal.

The Tribunal found it was not appropriate to extend the deadline and dismissed the application.

Simopoulos v. Sprint Insight Inc., 2015 HRTO 303

Stephanie Hobbs

In Private Practice8 cases2011–2015

Colin Youngman

13 cases2010–2022

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 9, 2015

Summary hearing allows teacher's reprisal application to proceed but dismisses unsupported age discrimination claim.

The applicant, a retired teacher, filed a human rights application alleging reprisal and age discrimination by the respondent school board.

The applicant claimed he was forced to retire due to unfair treatment during a workplace investigation, which he alleged was retaliation for a previous human rights application he had filed.

At a summary hearing, the Tribunal dismissed the age discrimination claim as no supporting allegations were presented.

However, the Tribunal found that the applicant had identified evidence which, if true, could show reprisal contrary to section 8 of the Human Rights Code.

The Tribunal declined to dismiss the reprisal allegations and directed that the matter proceed to case management.

Robert Sells v. Kawartha Pine Ridge District School Board, 2015 HRTO 276

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 6, 2015

Human rights application dismissed for lack of standing as applicant did not personally experience discrimination.

The Tribunal issued a Notice of Intent to Dismiss because the applicant had not personally experienced discrimination.

Stan Raper v. Foreign Agricultural Resource Management Services, 2015 HRTO 269

Brian Cook

Request for reconsideration denied as applicant failed to establish grounds under Rule 26.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application for being filed more than one year after the last alleged incident of discrimination.

The applicant argued he delayed filing because he was pursuing a grievance process and noted a factual error in the original decision regarding whether he was interviewed.

The Tribunal denied the request, finding that waiting for other processes to conclude does not constitute a good faith explanation for delay, and the factual error had no bearing on the delay issue.

Ahmed v. Ontario (Transportation), 2015 HRTO 266

Brian Cook

Request to reconsider dismissal for lack of jurisdiction denied as applicant merely disagreed with decision.

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

The applicant disagreed with the finding but provided no details to show the decision was wrong.

The Tribunal held that mere disagreement with a decision is not a basis for reconsideration and denied the request.

Katherine Lin v. I AM Saint Germain Church, 2015 HRTO 265

Elizabeth Forster

19 cases1980–2015

Dolores Barbini

13 cases1994–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 4, 2015

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

The applicant filed an application alleging discrimination contrary to the Human Rights Code.

The Tribunal scheduled a summary hearing to determine if the application should be dismissed for delay or having no reasonable prospect of success.

The applicant's last-minute request for an adjournment was denied.

When the applicant failed to attend the scheduled summary hearing, the Tribunal dismissed the application as abandoned.

Fernando v. The Law Society of Upper Canada, 2015 HRTO 259

Maria Kotsopoulos

In Private Practice18 cases2009–2024

Katherine Rowen

7 cases2008–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 26, 2015

Tribunal permits amendment to add reprisal claim and declines to remove personal respondents at preliminary stage.

The respondents requested the removal of the personal respondents and that notice be given to the Toronto Police Service.

The Tribunal granted the applicant's request to amend the application, finding further evidence was needed to determine if the conduct constituted reprisal.

The Tribunal declined to remove the personal respondents at this stage and found no need to give notice to the Toronto Police Service.

Curtis Rutt v. Orangeville Police Service, 2015 HRTO 237

Todd Weisberg

9 cases2014–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 19, 2015

Human rights application dismissed under s. 45.1 as substance was dealt with by WSIB.

The applicant filed a human rights application alleging discrimination and failure to accommodate his disability, leading to his termination.

The application was deferred pending WSIB and WSIAT proceedings.

The WSIB Appeals Resolution Officer (ARO) found the applicant was capable of full-time work and that his termination was due to a safety violation, not his disability.

The applicant appealed to the WSIAT but abandoned the hearing.

Tesfamariam v. Camcor Manufacturing, 2015 HRTO 219

Greg Bullen

50 cases2009–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 27, 2015

Human rights application dismissed; alleged misinformation by WSIB about benefits did not constitute disability discrimination.

The applicant claimed this misinformation caused him to delay necessary surgery.

The Tribunal dismissed the application, finding that even if the Claims Manager provided incorrect information, there was no evidence that the misinformation was based on the applicant's disability.

The Tribunal reiterated that it does not have jurisdiction to review the correctness of WSIB benefit decisions or to remedy poor customer service absent a connection to a Code-protected ground.

Peter Blair McGuin v. Workplace Safety and Insurance Board, 2015 HRTO 123

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 15, 2015

Reconsideration request denied; mere disagreement with the decision is not a valid ground.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed her application.

The sole basis for the request was that she disagreed with the conclusion.

The Tribunal denied the request, noting that disagreement with a decision is not a valid ground for reconsideration under the Tribunal's Rules of Procedure.

Liaqat v. Chaudary, 2015 HRTO 64

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 13, 2015

Reconsideration request denied as applicant merely re-argued issues already decided.

The applicant requested a reconsideration of a Tribunal decision that dismissed his age discrimination application.

The applicant argued the decision was riddled with errors and that the respondent withheld evidence.

Campbell v. Intercon Security Limited, 2015 HRTO 49

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 6, 2015

Human rights application dismissed for lack of jurisdiction as applicant lacked standing to complain about son's treatment.

The Tribunal issued a Notice of Intent to Dismiss.

The application was dismissed.

Babic v. Kroma Management, 2015 HRTO 15

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 5, 2015

Reconsideration request denied as applicant failed to meet the criteria under Rule 26.5.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed her human rights application.

She sought compensation and noted she had completed a court-supervised diversion program.

The Tribunal denied the request, finding that the applicant failed to identify any of the required factors under Rule 26.5 of the Tribunal's Rules of Procedure to justify a reconsideration.

Mary Ferrari v. University of Toronto, 2015 HRTO 8

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 31, 2014

Human rights application dismissed for lack of jurisdiction over out-of-province entities, federal undertakings, and adjudicators.

The Tribunal issued a Notice of Intent to Dismiss.

Katherine Lin v. I AM Saint Germain Church et al., 2014 HRTO 1842

Brian Cook

Request to re-activate deferred human rights application denied pending WSIB Appeals Resolution Officer decision.

The applicant argued that excessive delays in the WSIB appeals process warranted re-activation.

The Tribunal ordered that the application remain deferred until a decision is reached by a WSIB Appeals Resolution Officer, with leave to request re-activation if further unreasonable delay occurs.

Douglas Keith v. GNI Management Group Inc., 2014 HRTO 1824

Brian Cook

Human rights application dismissed as out of time; pursuing other remedies did not justify delay.

The applicant filed a human rights application alleging age discrimination in a job competition more than one year after the incident.

He argued the delay was in good faith because he had pursued the matter through a union grievance and a complaint to the Integrity Commissioner.

Ahmed v. Ontario (Transportation), 2014 HRTO 1820

Brian Cook