Brian Cook

Request to dismiss or defer human rights application due to WSIB proceedings denied.

The respondent requested that the human rights application be dismissed or deferred because of ongoing adjudication at the Workplace Safety and Insurance Board (WSIB).

The applicant alleged failure to accommodate his disability and discriminatory termination.

The Tribunal found that the WSIB had not dealt with the substance of the application, as it determined the applicant had no ongoing work-related disability and thus did not consider accommodation of any non-work-related disability.

The Tribunal also declined to defer the application, as there was no active ongoing adjudication at the WSIB.

The respondent's requests were denied.

Jerry Zahorodni v. Greentec International Inc., 2014 HRTO 585

Brian Cook

Application dismissed for lack of jurisdiction as no Code-protected grounds were alleged.

The applicant alleged he was unjustly removed from the respondent's Executive Committee and claimed discrimination on the ground of reprisal.

The Tribunal issued a Notice of Intent to Dismiss as the application did not allege any prior claim or enforcement of Code-protected rights, nor any other Code grounds.

Finding no jurisdiction to deal with general allegations of unfairness, the Tribunal dismissed the application.

Ross Haines v. The Royal Canadian Legion, Battlefield Branch, 2014 HRTO 584

Human rights application alleging poisoned cigarettes dismissed at summary hearing for no reasonable prospect of success.

The applicant filed an application alleging discrimination with respect to goods and services because of race and place of origin, claiming that cigarettes he purchased from the respondent's gas station were poisoned.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The applicant stated he would rely only on his own testimony about his experiences and had no other evidence to support his allegations.

The Tribunal concluded there was no reasonable prospect the applicant could successfully prove the cigarettes were poisoned as alleged and dismissed the application.

Mohammed Bashi v. V.H. Fuels Inc. o/a Petro Canada, 2014 HRTO 574

Sheldon Kasman

In Private Practice5 cases2001–2017

Abdul-Basit Khan

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 25, 2014

Request to defer human rights application pending civil and WSIB proceedings dismissed.

The respondent requested that the applicant's human rights application alleging disability discrimination be deferred pending the outcome of a civil action against a disability insurance carrier and ongoing WSIB proceedings.

The Tribunal dismissed the deferral request, finding that the civil action would not address the central issue of accommodation to the point of undue hardship, and the WSIB proceedings might not deal with the Code-related issues.

The respondent was ordered to file a full Response.

Gonzalez v. Firan Technology Group Corporation, 2014 HRTO 418

Simon-Pierre Paquette

1 case2014–2014

Paul Heath

Not Practising Law4 cases1993–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 17, 2014

Application against federal employee dismissed for lack of jurisdiction; summary hearing ordered for remaining claims.

The applicant filed a human rights application alleging discrimination in employment based on race and colour against a taxi company and a personal respondent employed by Canadian National Railway (CN).

The Tribunal dismissed the application against the personal respondent, finding it lacked jurisdiction because CN is a federally regulated undertaking.

Regarding the organizational respondent, the Tribunal noted that the applicant's underlying allegations had already been investigated and dismissed by the Canadian Human Rights Commission and in a previous Tribunal application.

Consequently, the Tribunal ordered a summary hearing to determine whether the application has a reasonable prospect of success or should be dismissed under section 45.1 of the Code as an abuse of process.

Taha v. Niagara Falls Taxi Limited, 2014 HRTO 379

Kathleen Andrew

Crista Rea

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 14, 2014

Tribunal denies requests to defer application pending WSIB appeal and to join with another application.

The corporate respondent requested that the human rights application be deferred because the applicant had filed an objection with the WSIB regarding loss of earnings benefits.

The Tribunal denied the deferral request, finding that there was no active WSIB proceeding underway and that the Tribunal's jurisdiction over the harassment and discrimination allegations was broader than the WSIB's.

The Tribunal also denied the applicant's request to join this application with another application against the same respondent, noting that the facts and procedural issues in each case were different.

Peltier v. 1243564 Ontario Limited o/a Total Scrap Management, 2014 HRTO 362

Jock Climie

19 cases2001–2023

Brian Cook

Supervisory personal respondents removed from human rights application where employer accepted vicarious liability for discrimination.

The respondents brought a request to remove four personal respondents from a human rights application alleging discrimination and harassment in employment.

The organizational respondent accepted full liability for any discrimination found to have been committed by three supervisory personal respondents in the course of their employment.

Applying the Persaud factors, the Tribunal removed the three supervisors as personal respondents.

However, the Tribunal declined to remove a co-worker alleged to have engaged in racial harassment, noting that an employer may not be vicariously liable for harassment under section 46.3(1) of the Human Rights Code.

Taiwo v. Algonquin College of Applied Arts and Technology, 2014 HRTO 351

Kathleen Andrew

Crista Rea

Brian Cook

Tribunal refuses to dismiss human rights application despite prior WSIB decision regarding the applicant's workplace injury.

The respondents requested that the human rights application alleging discrimination based on disability be dismissed under section 45.1 of the Human Rights Code, arguing that a WSIB proceeding had appropriately dealt with its substance.

The Tribunal denied the request, finding that while there was overlap, the WSIB did not deal with the substance of the human rights allegations, which included failure to accommodate and harassment.

The Tribunal also denied the applicant's request to join the application with another employee's application, but granted an unopposed request to amend the monetary remedy claimed.

Tingen v. 1243564 Ontario Limited, 2014 HRTO 345

Brian Cook

Application dismissed as abandoned after neither party appeared at the scheduled hearing.

The application was scheduled for a hearing.

Neither party appeared at the hearing.

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

Harvey v. Wesson, 2014 HRTO 344

Tim Lawson

4 cases2011–2025

Brian Cook

Tribunal orders redaction of settlement offer from letter before admission into evidence.

The applicant filed a Request for Order During Proceedings seeking to exclude two letters from evidence, arguing they were protected by settlement privilege.

The respondents had already removed the first letter from their amended Response.

The Tribunal found that the second letter contained relevant information regarding accommodation, but ordered the respondents to redact the section containing a settlement offer before admitting it into evidence.

Derrick Deroy v. AppleOne Services Ltd. and Michelle Snow, 2014 HRTO 343

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 10, 2014

Reconsideration request denied as applicant merely restated previous arguments without providing new evidence.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his application alleging employment discrimination based on race, colour, and ethnic origin.

The applicant argued that the original decision overlooked important documents and reiterated his belief that his termination was illegal and discriminatory.

The Tribunal denied the request, finding that the applicant merely restated arguments already considered, introduced no new evidence, and failed to meet the criteria for reconsideration under the Tribunal's Rules of Procedure.

Ravi Chander v. Aon Reed Stenhouse Inc., 2014 HRTO 314

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 7, 2014

Application dismissed for abandonment after applicant failed to confirm attendance at scheduled hearing.

The applicant filed a human rights application against the respondent.

The Tribunal issued a Case Assessment Direction requiring the applicant to confirm his intention to appear at the scheduled hearing by a specified date, warning that failure to do so could result in dismissal for abandonment.

The applicant failed to communicate with the Tribunal.

Consequently, the Tribunal found the application abandoned, dismissed it, and cancelled the scheduled hearing.

Benjamin Southgate v. Polyethics Industries Inc., 2014 HRTO 304

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 5, 2014

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

The applicant failed to file any documents or witness statements for the scheduled hearing.

The Tribunal issued a Case Assessment Direction requiring the applicant to confirm his intention to participate by a specified date, warning that failure to do so could result in dismissal for abandonment.

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

Ivor Williams v. CMX Motor Xpress, Inc., 2014 HRTO 287

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 3, 2014

Human rights application deferred pending conclusion of related police and court proceedings.

The applicant filed a human rights application alleging discrimination arising out of his arrest and subsequent proceedings.

The Tribunal issued a Notice of Intent to Defer because there were ongoing related proceedings under the Police Services Act and before the courts.

As no submissions were received from the parties, the Tribunal deferred the application until the conclusion of the other proceedings.

Wooff v. Ottawa Police Services, 2014 HRTO 270

Brian Cook

Request to dismiss human rights application under s. 45.1 denied as WSIB did not address accommodation issues.

The applicant filed a human rights application alleging failure to accommodate a disability and discriminatory termination.

The respondent requested that the application be dismissed under section 45.1 of the Human Rights Code, arguing that the Workplace Safety and Insurance Board (WSIB) had already dealt with the substance of the application by denying the applicant's claim for benefits.

The Tribunal dismissed the respondent's request, finding that while there was overlap, the WSIB had not appropriately dealt with the substance of the human rights allegations.

The Tribunal directed the applicant to provide further information regarding the status of any WSIB appeals to determine if deferral was appropriate.

Armoogam v. J.A.K. Tubular Products, 2014 HRTO 269

Brian Cook

Human rights application deferred pending completion of concurrent union grievance proceeding.

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

The Tribunal issued a Notice of Intent to Defer because the facts of the application were part of an ongoing union grievance proceeding.

The respondent and the union confirmed the ongoing grievance.

The Tribunal deferred the application pending the completion of the grievance process, noting that the orderly administration of justice favours deferral when parties are engaged in a concurrent legal proceeding raising the same human rights issues.

Michael Larson v. Toronto Emergency Medical Services, 2014 HRTO 266

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 19, 2014

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

The applicant failed to respond to a Case Assessment Direction issued by the Tribunal, which warned that failure to communicate by a specified date could result in the application being dismissed as abandoned.

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

Carrier v. Saunders Plumbing & Heating Inc., 2014 HRTO 228

Vincent Panetta

9 cases2013–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 14, 2014

Contravention of settlement application dismissed for being out of time and an abuse of process.

The applicant filed a Contravention of Settlement Application alleging that the respondents breached a previous settlement agreement by failing to interview or hire her for subsequent job openings.

The Tribunal dismissed the application, finding that it was either filed beyond the six-month limitation period under section 45.9 of the Human Rights Code or constituted an abuse of process, as a previous contravention application regarding the same 2007 settlement had already been settled in 2009.

Veronica LeBlanc v. City of Belleville, Bob Fargey and John Martin, 2014 HRTO 207

Paula Trattner

20 cases2006–2026

Kate Dearden

Not Practising Law18 cases2012–2020

Helen Richards

10 cases2014–2024

Brian Cook

Practising Law - Employed43 cases2005–2025

Human rights application alleging discriminatory medical care dismissed for delay and no reasonable prospect of success.

The applicant filed a human rights application on behalf of her adult son, alleging discrimination in the provision of health services by the respondent hospitals and physicians.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success and if the allegations were timely.

The Tribunal found no reasonable prospect that the applicant could establish the medical care provided to her son in May 2012 was influenced by discrimination or reprisal.

The Tribunal also found that the earlier allegations were filed outside the one-year time limit under section 34 of the Human Rights Code, and there was no good faith explanation for the delay.

The application was dismissed.

Speelman v. Hotel Dieu Hospital, 2014 HRTO 204

Richard Miller

Barry Prentice

5 cases1981–2019

Brian Cook

Employment and Labour Law

Request to defer human rights application pending WSIAT appeal dismissed due to insufficient issue overlap.

The respondent employer brought a request for an order during proceedings to defer the human rights application pending the conclusion of the applicant's appeal before the Workplace Safety and Insurance Appeals Tribunal (WSIAT).

The applicant alleged discrimination with respect to employment because of disability following a termination he claimed was discriminatory, while the respondent asserted the employment contract was frustrated.

The adjudicator dismissed the deferral request, finding that while there was some overlap regarding lost earnings, WSIAT would not consider whether the termination infringed the applicant's Code-protected rights.

The Tribunal directed that the application proceed to scheduling.

Radakovic v. Corma Inc., 2014 HRTO 196

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

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

Beth Walden

16 cases2012–2017

Brian Cook

Request to dismiss or defer human rights application due to WSIB proceedings denied.

The respondent requested that the human rights application be dismissed or deferred because of ongoing adjudication at the Workplace Safety and Insurance Board (WSIB).

The applicant alleged failure to accommodate his disability and discriminatory termination.

The Tribunal also declined to defer the application, as there was no active ongoing adjudication at the WSIB.

The respondent's requests were denied.

Jerry Zahorodni v. Greentec International Inc., 2014 HRTO 585

Brian Cook

Application dismissed for lack of jurisdiction as no Code-protected grounds were alleged.

The applicant alleged he was unjustly removed from the respondent's Executive Committee and claimed discrimination on the ground of reprisal.

The Tribunal issued a Notice of Intent to Dismiss as the application did not allege any prior claim or enforcement of Code-protected rights, nor any other Code grounds.

Finding no jurisdiction to deal with general allegations of unfairness, the Tribunal dismissed the application.

Ross Haines v. The Royal Canadian Legion, Battlefield Branch, 2014 HRTO 584

Susan Metzler

2 cases2012–2014

Eric Amodeo

1 case2014–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 24, 2014

Human rights application alleging poisoned cigarettes dismissed at summary hearing for no reasonable prospect of success.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The applicant stated he would rely only on his own testimony about his experiences and had no other evidence to support his allegations.

The Tribunal concluded there was no reasonable prospect the applicant could successfully prove the cigarettes were poisoned as alleged and dismissed the application.

Mohammed Bashi v. V.H. Fuels Inc. o/a Petro Canada, 2014 HRTO 574

Sheldon Kasman

In Private Practice5 cases2001–2017

Abdul-Basit Khan

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 25, 2014

Request to defer human rights application pending civil and WSIB proceedings dismissed.

The respondent was ordered to file a full Response.

Gonzalez v. Firan Technology Group Corporation, 2014 HRTO 418

Simon-Pierre Paquette

1 case2014–2014

Paul Heath

Not Practising Law4 cases1993–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 17, 2014

Application against federal employee dismissed for lack of jurisdiction; summary hearing ordered for remaining claims.

The Tribunal dismissed the application against the personal respondent, finding it lacked jurisdiction because CN is a federally regulated undertaking.

Taha v. Niagara Falls Taxi Limited, 2014 HRTO 379

Kathleen Andrew

Crista Rea

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 14, 2014

Tribunal denies requests to defer application pending WSIB appeal and to join with another application.

The corporate respondent requested that the human rights application be deferred because the applicant had filed an objection with the WSIB regarding loss of earnings benefits.

Peltier v. 1243564 Ontario Limited o/a Total Scrap Management, 2014 HRTO 362

Jock Climie

19 cases2001–2023

Brian Cook

Supervisory personal respondents removed from human rights application where employer accepted vicarious liability for discrimination.

The respondents brought a request to remove four personal respondents from a human rights application alleging discrimination and harassment in employment.

The organizational respondent accepted full liability for any discrimination found to have been committed by three supervisory personal respondents in the course of their employment.

Applying the Persaud factors, the Tribunal removed the three supervisors as personal respondents.

Taiwo v. Algonquin College of Applied Arts and Technology, 2014 HRTO 351

Kathleen Andrew

Crista Rea

Brian Cook

Tribunal refuses to dismiss human rights application despite prior WSIB decision regarding the applicant's workplace injury.

The Tribunal denied the request, finding that while there was overlap, the WSIB did not deal with the substance of the human rights allegations, which included failure to accommodate and harassment.

The Tribunal also denied the applicant's request to join the application with another employee's application, but granted an unopposed request to amend the monetary remedy claimed.

Tingen v. 1243564 Ontario Limited, 2014 HRTO 345

Brian Cook

Application dismissed as abandoned after neither party appeared at the scheduled hearing.

The application was scheduled for a hearing.

Neither party appeared at the hearing.

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

Harvey v. Wesson, 2014 HRTO 344

Tim Lawson

4 cases2011–2025

Brian Cook

Tribunal orders redaction of settlement offer from letter before admission into evidence.

The applicant filed a Request for Order During Proceedings seeking to exclude two letters from evidence, arguing they were protected by settlement privilege.

The respondents had already removed the first letter from their amended Response.

Derrick Deroy v. AppleOne Services Ltd. and Michelle Snow, 2014 HRTO 343

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 10, 2014

Reconsideration request denied as applicant merely restated previous arguments without providing new evidence.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his application alleging employment discrimination based on race, colour, and ethnic origin.

The applicant argued that the original decision overlooked important documents and reiterated his belief that his termination was illegal and discriminatory.

Ravi Chander v. Aon Reed Stenhouse Inc., 2014 HRTO 314

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 7, 2014

Application dismissed for abandonment after applicant failed to confirm attendance at scheduled hearing.

The applicant filed a human rights application against the respondent.

The applicant failed to communicate with the Tribunal.

Consequently, the Tribunal found the application abandoned, dismissed it, and cancelled the scheduled hearing.

Benjamin Southgate v. Polyethics Industries Inc., 2014 HRTO 304

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 5, 2014

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

The applicant failed to file any documents or witness statements for the scheduled hearing.

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

Ivor Williams v. CMX Motor Xpress, Inc., 2014 HRTO 287

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 3, 2014

Human rights application deferred pending conclusion of related police and court proceedings.

The applicant filed a human rights application alleging discrimination arising out of his arrest and subsequent proceedings.

The Tribunal issued a Notice of Intent to Defer because there were ongoing related proceedings under the Police Services Act and before the courts.

As no submissions were received from the parties, the Tribunal deferred the application until the conclusion of the other proceedings.

Wooff v. Ottawa Police Services, 2014 HRTO 270

Brian Cook

Request to dismiss human rights application under s. 45.1 denied as WSIB did not address accommodation issues.

The applicant filed a human rights application alleging failure to accommodate a disability and discriminatory termination.

The Tribunal dismissed the respondent's request, finding that while there was overlap, the WSIB had not appropriately dealt with the substance of the human rights allegations.

The Tribunal directed the applicant to provide further information regarding the status of any WSIB appeals to determine if deferral was appropriate.

Armoogam v. J.A.K. Tubular Products, 2014 HRTO 269

Brian Cook

Human rights application deferred pending completion of concurrent union grievance proceeding.

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

The Tribunal issued a Notice of Intent to Defer because the facts of the application were part of an ongoing union grievance proceeding.

The respondent and the union confirmed the ongoing grievance.

Michael Larson v. Toronto Emergency Medical Services, 2014 HRTO 266

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 19, 2014

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

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

Carrier v. Saunders Plumbing & Heating Inc., 2014 HRTO 228

Vincent Panetta

9 cases2013–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 14, 2014

Contravention of settlement application dismissed for being out of time and an abuse of process.

The applicant filed a Contravention of Settlement Application alleging that the respondents breached a previous settlement agreement by failing to interview or hire her for subsequent job openings.

Veronica LeBlanc v. City of Belleville, Bob Fargey and John Martin, 2014 HRTO 207

Paula Trattner

20 cases2006–2026

Kate Dearden

Not Practising Law18 cases2012–2020

Helen Richards

10 cases2014–2024

Brian Cook

Practising Law - Employed43 cases2005–2025

Human rights application alleging discriminatory medical care dismissed for delay and no reasonable prospect of success.

The applicant filed a human rights application on behalf of her adult son, alleging discrimination in the provision of health services by the respondent hospitals and physicians.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success and if the allegations were timely.

The Tribunal found no reasonable prospect that the applicant could establish the medical care provided to her son in May 2012 was influenced by discrimination or reprisal.

The Tribunal also found that the earlier allegations were filed outside the one-year time limit under section 34 of the Human Rights Code, and there was no good faith explanation for the delay.

The application was dismissed.

Speelman v. Hotel Dieu Hospital, 2014 HRTO 204

Richard Miller

Barry Prentice

5 cases1981–2019

Brian Cook