Brian Cook

Tribunal awarded $1,460 after employer's miscommunications led pregnant employee to reasonably believe she was terminated.

The applicant alleged discrimination in employment on the basis of sex (pregnancy) contrary to the Human Rights Code, claiming her employment was terminated when she went on maternity leave.

Although the respondent did not actually terminate her employment or benefits, the adjudicator found that the respondent's communications led the applicant to reasonably believe her contract had ended.

This misunderstanding caused the applicant to believe she had no job to return to and no benefit coverage, resulting in her paying out-of-pocket for a semi-private hospital room.

The Tribunal held that leading the applicant to believe she was terminated constituted adverse treatment because of pregnancy.

The respondent was ordered to pay $460 for the hospital bill and $1,000 for injury to dignity, feelings, and self-respect.

Williams v. PEOPLEsource Staffing Solutions Inc., 2014 HRTO 1717

Brian Cook

Human rights application dismissed; applicant failed to prove sexual harassment and employer justified termination.

The applicant alleged that her former manager sexually harassed her and terminated her employment for discriminatory reasons or in reprisal.

The Tribunal found significant credibility and reliability issues with the applicant's evidence, including inconsistencies in her testimony and a failure to produce medical records despite an order to do so, leading to an adverse inference.

The Tribunal concluded the applicant failed to establish the sexual harassment allegations on a balance of probabilities.

Furthermore, the respondent provided a complete, non-discriminatory explanation for the termination, citing the applicant's dishonesty about absences and workplace misconduct.

The application was dismissed.

Liaqat v. Chaudary, 2014 HRTO 1715

Sari Springer

31 cases1993–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 19, 2014

Human rights application dismissed summarily as treating psychiatrist's revised opinion undermined applicant's discrimination claims.

The applicant alleged discrimination on the basis of disability, age, and ethnic origin after the respondent university refused to lift a no-trespass order and allow her to register as a student without a forensic psychiatric assessment.

The Tribunal held a summary hearing under Rule 19A.

The applicant's treating psychiatrist, after reviewing the respondent's documents regarding the applicant's past conduct, withdrew his earlier supportive opinion and indicated ongoing health and safety concerns.

The Tribunal dismissed the application, finding no reasonable prospect that the applicant could establish discrimination.

Ferrari v. University of Toronto, 2014 HRTO 1672

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 18, 2014

Human rights application dismissed for abandonment after applicant failed to respond to Tribunal communications.

The applicant filed an application under the Human Rights Code, which was previously deferred pending a related Employment Standards Act proceeding.

The Tribunal subsequently contacted the applicant twice to inquire about the status of the related proceeding, warning that failure to respond could result in the application being dismissed for abandonment.

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

Consequently, the Tribunal concluded the application was abandoned and dismissed it.

Shah v. Maple Child Care Inc., 2014 HRTO 1663

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 13, 2014

Reconsideration request denied as applicant failed to identify any grounds under Rule 26.5.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application due to delay.

The applicant disagreed with the original decision and restated points made previously.

The Tribunal found that the applicant failed to identify any new facts, lack of notice, conflict with jurisprudence, or other factors that would permit reconsideration under Rule 26.5 of the Tribunal's Rules of Procedure.

The request for reconsideration was denied.

Tomasz Raba v. Toronto Police 11 Division and David Griffiths, 2014 HRTO 1648

Age discrimination application dismissed; temporary replacement of security guard not proven to be based on age.

The applicant, a 66-year-old security guard, alleged age discrimination after being temporarily replaced at his main floor security desk for six hours during a building tour by prospective buyers.

The applicant claimed he was replaced because the building management wanted someone with 'more presence' or a 'fresh face', which he interpreted as a proxy for age.

The Tribunal found that while the applicant was replaced by a younger supervisor who had more physical presence, the applicant failed to establish on a balance of probabilities that the replacement was discriminatory because of his age.

The application was dismissed.

Donald Campbell v. Intercon Security Limited, 2014 HRTO 1619

Laurie Jessome

In Private Practice2 cases2014–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 31, 2014

Human rights application alleging discrimination and reprisal in hiring process dismissed for no reasonable prospect of success.

The applicant alleged discrimination and reprisal in a 2013 hiring process after he was interviewed but not hired by the respondent.

He claimed the interview panel, consisting of two Black men, was a trick to discriminate against him, and that questions about a former co-worker indicated reprisal for a 2010 human rights complaint.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success for either the discrimination or reprisal claims.

The Tribunal also dismissed the respondent's request to declare the applicant a vexatious litigant, noting that while he had filed many applications, he had not inappropriately pursued decided matters or disregarded Tribunal orders in this case.

Felix v. Canadian Tire Corporation, 2014 HRTO 1615

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 28, 2014

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

The applicant failed to respond to a Case Assessment Direction requiring him to confirm his participation in a scheduled hearing and to provide documents and witness summaries.

The Tribunal warned that failure to respond could result in the application being dismissed as abandoned.

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

James Miller v. AMEC Americas Limited, 2014 HRTO 1586

David Bannon

In Private Practice37 cases1994–2026

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 15, 2014

Request to dismiss human rights application denied; WSIB proceeding did not appropriately deal with accommodation issue.

The applicant filed a human rights application alleging discrimination on the basis of disability after the respondent employer determined it had no suitable work available for him following a work-related injury.

The respondent requested that the application be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the application had been appropriately dealt with by the Workplace Safety and Insurance Board (WSIB).

The Tribunal found that while the WSIB decisions constituted a 'proceeding', they did not appropriately deal with the substance of the human rights application.

The WSIB process focused on co-operation rather than accommodation to the point of undue hardship, and the applicant had no financial stake in its outcome.

The request to dismiss under section 45.1 was denied, and the matter was deferred to mediation.

Devouge v. Griffith Laboratories Limited, 2014 HRTO 1536

David Ross

7 cases2003–2017

Brian Cook

Human rights application deferred pending WSIB Appeals Resolution Officer decision on suitable work.

The respondent requested that the human rights application alleging failure to accommodate a disability be dismissed under section 45.1 of the Code, arguing the substance was dealt with by the WSIB.

The Tribunal declined to dismiss the application because the WSIB adjudication was ongoing, with an objection pending before an Appeals Resolution Officer.

However, the Tribunal deferred the application pending the WSIB Appeals Resolution Officer's decision, as the issue of whether the applicant refused suitable work was virtually identical in both proceedings.

Abu Amin v. ASP Incorporated, 2014 HRTO 1533

Brian Cook

Disclosure of settlement terms to a building superintendent to implement the settlement does not breach confidentiality.

The applicant filed a Contravention of Settlement Application alleging the respondent breached a confidentiality provision by disclosing settlement terms to the building superintendent.

The Tribunal dismissed the application, finding that the superintendent was an agent of the respondent who required knowledge of the terms to give effect to the settlement, and there was no evidence the superintendent disclosed the information to any third party.

Ash v. Valiant Rental Properties Ltd., 2014 HRTO 1530

Roy Filion

55 cases1987–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 9, 2014

Human rights application partially dismissed for delay and lack of prospect of success; 2011 testing allegations proceed.

The applicant, a part-time attendant, filed human rights applications alleging discrimination based on race, creed, and other grounds, as well as reprisal, after failing to secure a promotion to custodian and experiencing various payroll issues.

The Tribunal held a summary hearing to address timeliness and whether the applications had a reasonable prospect of success.

The Tribunal dismissed the allegations relating to 2008 testing, payroll issues, family status, and reprisal for delay and lack of a reasonable prospect of success.

However, the Tribunal allowed the allegations concerning the 2011 testing process to proceed, finding that the applicant's pursuit of union grievances provided a good faith explanation for the delay in filing.

Ashvin Vyas v. Peel District School Board, 2014 HRTO 1516

Erin Buchner

In Private Practice8 cases2011–2023

Elizabeth Traynor

13 cases2010–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 2, 2014

Human rights application dismissed under s. 45.1 as WSIB appropriately dealt with the religious accommodation issue.

The applicant, an atheist, refused a modified work assignment monitoring a Salvation Army kettle, alleging it conflicted with her religious beliefs.

A WSIB Appeals Resolution Officer determined the work was suitable and denied her loss of earnings benefits, finding the refusal was for personal reasons not requiring accommodation under the Human Rights Code.

The applicant then sought to reactivate her human rights application.

The Tribunal dismissed the application under section 45.1 of the Code, finding that the WSIB proceeding had concurrent jurisdiction, dealt with essentially the same issue, and appropriately dealt with the substance of the application without unfairness.

Post v. Stevens Resources Group, 2014 HRTO 1470

Beth Walden

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 26, 2014

Human rights application deferred pending conclusion of related WSIB proceedings regarding work-related injury and termination.

The applicant alleged discrimination on the basis of disability, claiming his employment was terminated after he reported a work-related injury.

The respondents requested that the human rights application be deferred pending the conclusion of related proceedings at the Workplace Safety and Insurance Board (WSIB).

The Tribunal found that the WSIB proceedings would likely consider whether the reported injury was a factor in the termination, creating a risk of concurrent proceedings dealing with the same issues.

The Tribunal granted the request and deferred the application pending a decision by a WSIB Appeals Resolution Officer.

Tate v. Strathroy Turf Farms, 2014 HRTO 1448

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 15, 2014

Application dismissed as abandoned after applicant failed to respond to Case Assessment Direction.

The applicant was directed to make submissions on whether the Tribunal had jurisdiction to deal with his application.

He failed to respond to the Case Assessment Direction by the specified deadline.

The Tribunal concluded that the applicant had abandoned the application and dismissed it on that basis.

Gagnier v. Workplace Safety and Insurance Board, 2014 HRTO 1360

David Tortell

Practising Law - Employed34 cases2009–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 19, 2014

Human rights application dismissed for being filed outside the one-year statutory time limit.

The applicant filed a human rights application alleging discrimination by the police regarding an arrest in 2012.

The application was filed more than one year after the alleged events.

The Tribunal held a preliminary hearing to determine if the delay was incurred in good faith and if a later incident in 2014 constituted a series of incidents.

The Tribunal found that the 2014 incident was not part of a series and that the applicant failed to provide a credible good faith explanation for the delay.

The application was dismissed for being filed outside the statutory time limit.

Tomasz Raba v. Toronto Police 11 Division and David Griffiths, 2014 HRTO 1228

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 11, 2014

Human rights application against WSIB dismissed for lack of jurisdiction over benefits decisions.

The applicant filed a human rights application alleging discrimination by the WSIB and two of its staff members regarding decisions about her entitlement to benefits and work restrictions.

The Tribunal issued a Case Assessment Direction questioning its jurisdiction to review WSIB benefits decisions.

The applicant submitted that the Tribunal had authority because she is a person with a disability.

The Tribunal dismissed the application, finding that alleging unfair treatment as a person with a disability is insufficient to establish discrimination under the Code without showing differential treatment because of the disability.

Lisa Mcphee v. Workplace Safety and Insurance Board, 2014 HRTO 1201

Sara Malkin

In Private Practice1 case2014–2014

Beth Walden

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 8, 2014

Tribunal denies respondent's requests for summary hearing and deferral pending WSIB proceedings.

The respondent requested a summary hearing to dismiss the application alleging age and disability discrimination, or alternatively, a deferral pending a WSIB proceeding.

The Tribunal denied the summary hearing request, finding that the respondent's mere dispute of the applicant's allegations was insufficient grounds.

The Tribunal also denied the deferral request, concluding that the WSIB proceeding would not address the human rights issues of harassment and discriminatory termination, and any potential overlap in lost earnings remedies could be addressed by whichever body decided second.

Gauthier v. EFCO Canada Co., 2014 HRTO 1193

Scott Thompson

Not Practising Law - Employed9 cases1985–2019

Michael Torrance

4 cases2014–2016

Lindsay Lawrence

Not Practising Law - Employed18 cases2007–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 18, 2014

Tribunal accepts amended application adding a respondent and declines deferral after related grievances were withdrawn.

The applicant filed an application alleging employment discrimination based on disability against Laird Constructors.

The Tribunal initially intended to defer the matter due to outstanding grievances.

Before the application was served, the applicant withdrew the grievances and requested to add AuRico Gold Inc. as a respondent.

The Tribunal declined to defer the application because the grievances were withdrawn, and accepted the amended application naming both Laird Constructors and AuRico Gold Inc. as respondents, directing them to file responses.

Brooks v. Laird Constructors, 2014 HRTO 1056

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 16, 2014

Application dismissed as the Tribunal lacks jurisdiction to review court decisions due to judicial immunity.

The applicant filed an application alleging discrimination based on ancestry, claiming that a trial outcome was incorrect due to his Italian ancestry.

The Tribunal issued a Notice of Intent to Dismiss, explaining that it lacks jurisdiction to review court decisions due to the principle of judicial immunity.

The applicant provided additional information but did not address the jurisdictional issue.

The Tribunal dismissed the application as it does not have the power to deal with allegations relating to the decision or outcome of a Court.

Giuseppe Campagna v. High Court of Ontario, 2014 HRTO 1041

Applicant

Mary FerrariSelf-represented
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2 appearances
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1 appearance
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Michael NgSelf-represented
1 appearance
Shihab TahaSelf-represented
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Kenneth MuiSelf-represented
1 appearance
Lilie YingSelf-represented
1 appearance
Michele Van BauwelSelf-represented
1 appearance
Anna DeaneSelf-represented
1 appearance
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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

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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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1 appearance
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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

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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

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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
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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

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Bruce EllisCounsel
1 appearance

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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

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David WrightCounsel
1 appearance

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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

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Monica TessierCounsel
1 appearance

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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
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1 appearance
Jenifer JoplingCounsel
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Catherine DavisCounsel
1 appearance
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1 appearance
Aaron NeavesUnion representative
1 appearance
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1 appearance
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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
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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

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1 appearance

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Simon-Pierre PaquetteCounsel
1 appearance

for the proposed respondent

Heather AldenUnion representative
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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

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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

Vince Cappiotto

1 case2014–2014

Brian Cook

Tribunal awarded $1,460 after employer's miscommunications led pregnant employee to reasonably believe she was terminated.

The applicant alleged discrimination in employment on the basis of sex (pregnancy) contrary to the Human Rights Code, claiming her employment was terminated when she went on maternity leave.

This misunderstanding caused the applicant to believe she had no job to return to and no benefit coverage, resulting in her paying out-of-pocket for a semi-private hospital room.

The Tribunal held that leading the applicant to believe she was terminated constituted adverse treatment because of pregnancy.

The respondent was ordered to pay $460 for the hospital bill and $1,000 for injury to dignity, feelings, and self-respect.

Williams v. PEOPLEsource Staffing Solutions Inc., 2014 HRTO 1717

Brian Cook

Human rights application dismissed; applicant failed to prove sexual harassment and employer justified termination.

The applicant alleged that her former manager sexually harassed her and terminated her employment for discriminatory reasons or in reprisal.

The Tribunal concluded the applicant failed to establish the sexual harassment allegations on a balance of probabilities.

Furthermore, the respondent provided a complete, non-discriminatory explanation for the termination, citing the applicant's dishonesty about absences and workplace misconduct.

The application was dismissed.

Liaqat v. Chaudary, 2014 HRTO 1715

Sari Springer

31 cases1993–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 19, 2014

Human rights application dismissed summarily as treating psychiatrist's revised opinion undermined applicant's discrimination claims.

The Tribunal held a summary hearing under Rule 19A.

The Tribunal dismissed the application, finding no reasonable prospect that the applicant could establish discrimination.

Ferrari v. University of Toronto, 2014 HRTO 1672

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 18, 2014

Human rights application dismissed for abandonment after applicant failed to respond to Tribunal communications.

The applicant filed an application under the Human Rights Code, which was previously deferred pending a related Employment Standards Act proceeding.

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

Consequently, the Tribunal concluded the application was abandoned and dismissed it.

Shah v. Maple Child Care Inc., 2014 HRTO 1663

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 13, 2014

Reconsideration request denied as applicant failed to identify any grounds under Rule 26.5.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application due to delay.

The applicant disagreed with the original decision and restated points made previously.

The request for reconsideration was denied.

Tomasz Raba v. Toronto Police 11 Division and David Griffiths, 2014 HRTO 1648

David Whitten

6 cases2010–2016

Daniel Chodos

In Private Practice19 cases2010–2022

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 3, 2014

Age discrimination application dismissed; temporary replacement of security guard not proven to be based on age.

The applicant, a 66-year-old security guard, alleged age discrimination after being temporarily replaced at his main floor security desk for six hours during a building tour by prospective buyers.

The applicant claimed he was replaced because the building management wanted someone with 'more presence' or a 'fresh face', which he interpreted as a proxy for age.

The application was dismissed.

Donald Campbell v. Intercon Security Limited, 2014 HRTO 1619

Laurie Jessome

In Private Practice2 cases2014–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 31, 2014

Human rights application alleging discrimination and reprisal in hiring process dismissed for no reasonable prospect of success.

The applicant alleged discrimination and reprisal in a 2013 hiring process after he was interviewed but not hired by the respondent.

He claimed the interview panel, consisting of two Black men, was a trick to discriminate against him, and that questions about a former co-worker indicated reprisal for a 2010 human rights complaint.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success for either the discrimination or reprisal claims.

Felix v. Canadian Tire Corporation, 2014 HRTO 1615

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 28, 2014

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

The applicant failed to respond to a Case Assessment Direction requiring him to confirm his participation in a scheduled hearing and to provide documents and witness summaries.

The Tribunal warned that failure to respond could result in the application being dismissed as abandoned.

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

James Miller v. AMEC Americas Limited, 2014 HRTO 1586

David Bannon

In Private Practice37 cases1994–2026

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 15, 2014

Request to dismiss human rights application denied; WSIB proceeding did not appropriately deal with accommodation issue.

The Tribunal found that while the WSIB decisions constituted a 'proceeding', they did not appropriately deal with the substance of the human rights application.

The WSIB process focused on co-operation rather than accommodation to the point of undue hardship, and the applicant had no financial stake in its outcome.

The request to dismiss under section 45.1 was denied, and the matter was deferred to mediation.

Devouge v. Griffith Laboratories Limited, 2014 HRTO 1536

David Ross

7 cases2003–2017

Brian Cook

Human rights application deferred pending WSIB Appeals Resolution Officer decision on suitable work.

The respondent requested that the human rights application alleging failure to accommodate a disability be dismissed under section 45.1 of the Code, arguing the substance was dealt with by the WSIB.

The Tribunal declined to dismiss the application because the WSIB adjudication was ongoing, with an objection pending before an Appeals Resolution Officer.

Abu Amin v. ASP Incorporated, 2014 HRTO 1533

Brian Cook

Disclosure of settlement terms to a building superintendent to implement the settlement does not breach confidentiality.

The applicant filed a Contravention of Settlement Application alleging the respondent breached a confidentiality provision by disclosing settlement terms to the building superintendent.

Ash v. Valiant Rental Properties Ltd., 2014 HRTO 1530

Roy Filion

55 cases1987–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 9, 2014

Human rights application partially dismissed for delay and lack of prospect of success; 2011 testing allegations proceed.

The Tribunal held a summary hearing to address timeliness and whether the applications had a reasonable prospect of success.

The Tribunal dismissed the allegations relating to 2008 testing, payroll issues, family status, and reprisal for delay and lack of a reasonable prospect of success.

Ashvin Vyas v. Peel District School Board, 2014 HRTO 1516

Erin Buchner

In Private Practice8 cases2011–2023

Elizabeth Traynor

13 cases2010–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 2, 2014

Human rights application dismissed under s. 45.1 as WSIB appropriately dealt with the religious accommodation issue.

The applicant, an atheist, refused a modified work assignment monitoring a Salvation Army kettle, alleging it conflicted with her religious beliefs.

The applicant then sought to reactivate her human rights application.

Post v. Stevens Resources Group, 2014 HRTO 1470

Beth Walden

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 26, 2014

Human rights application deferred pending conclusion of related WSIB proceedings regarding work-related injury and termination.

The applicant alleged discrimination on the basis of disability, claiming his employment was terminated after he reported a work-related injury.

The respondents requested that the human rights application be deferred pending the conclusion of related proceedings at the Workplace Safety and Insurance Board (WSIB).

The Tribunal found that the WSIB proceedings would likely consider whether the reported injury was a factor in the termination, creating a risk of concurrent proceedings dealing with the same issues.

The Tribunal granted the request and deferred the application pending a decision by a WSIB Appeals Resolution Officer.

Tate v. Strathroy Turf Farms, 2014 HRTO 1448

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 15, 2014

Application dismissed as abandoned after applicant failed to respond to Case Assessment Direction.

The applicant was directed to make submissions on whether the Tribunal had jurisdiction to deal with his application.

He failed to respond to the Case Assessment Direction by the specified deadline.

The Tribunal concluded that the applicant had abandoned the application and dismissed it on that basis.

Gagnier v. Workplace Safety and Insurance Board, 2014 HRTO 1360

David Tortell

Practising Law - Employed34 cases2009–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 19, 2014

Human rights application dismissed for being filed outside the one-year statutory time limit.

The applicant filed a human rights application alleging discrimination by the police regarding an arrest in 2012.

The application was filed more than one year after the alleged events.

The Tribunal held a preliminary hearing to determine if the delay was incurred in good faith and if a later incident in 2014 constituted a series of incidents.

The Tribunal found that the 2014 incident was not part of a series and that the applicant failed to provide a credible good faith explanation for the delay.

The application was dismissed for being filed outside the statutory time limit.

Tomasz Raba v. Toronto Police 11 Division and David Griffiths, 2014 HRTO 1228

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 11, 2014

Human rights application against WSIB dismissed for lack of jurisdiction over benefits decisions.

The applicant filed a human rights application alleging discrimination by the WSIB and two of its staff members regarding decisions about her entitlement to benefits and work restrictions.

The Tribunal issued a Case Assessment Direction questioning its jurisdiction to review WSIB benefits decisions.

The applicant submitted that the Tribunal had authority because she is a person with a disability.

Lisa Mcphee v. Workplace Safety and Insurance Board, 2014 HRTO 1201

Sara Malkin

In Private Practice1 case2014–2014

Beth Walden

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 8, 2014

Tribunal denies respondent's requests for summary hearing and deferral pending WSIB proceedings.

The respondent requested a summary hearing to dismiss the application alleging age and disability discrimination, or alternatively, a deferral pending a WSIB proceeding.

The Tribunal denied the summary hearing request, finding that the respondent's mere dispute of the applicant's allegations was insufficient grounds.

Gauthier v. EFCO Canada Co., 2014 HRTO 1193

Scott Thompson

Not Practising Law - Employed9 cases1985–2019

Michael Torrance

4 cases2014–2016

Lindsay Lawrence

Not Practising Law - Employed18 cases2007–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 18, 2014

Tribunal accepts amended application adding a respondent and declines deferral after related grievances were withdrawn.

The applicant filed an application alleging employment discrimination based on disability against Laird Constructors.

The Tribunal initially intended to defer the matter due to outstanding grievances.

Before the application was served, the applicant withdrew the grievances and requested to add AuRico Gold Inc. as a respondent.

Brooks v. Laird Constructors, 2014 HRTO 1056

Brian Cook