Brian Cook

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 6, 2014

Tribunal declines to dismiss contravention of settlement application, scheduling hearing to interpret disputed amending document.

The applicant filed a Contravention of Settlement Application alleging the respondent failed to make settlement payments within the timeframes specified in the Minutes of Settlement.

The respondent argued the application should be dismissed because the parties had signed a subsequent document amending the payment timeline.

The Tribunal found that the amending document did not clearly extend the payment deadline as the respondent claimed, and that oral evidence would be required to interpret the agreement and assess any damages.

The Tribunal declined to dismiss the application and directed that a half-day in-person hearing be scheduled.

Banaag v. Mondelez Canada Inc., 2014 HRTO 179

Brian Cook

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

The Tribunal scheduled a summary hearing by telephone conference call.

The respondent attended, but the applicant failed to appear.

After waiting half an hour, the adjudicator adjourned the hearing.

In accordance with the Tribunal's usual practice, the application was dismissed as abandoned.

JH v. Ontario Baseball Association Inc. o/a Baseball Ontario, 2014 HRTO 159

Brian Cook

Not Practising Law18 cases2012–2020

Human rights application dismissed as abandoned after applicant failed to file submissions on jurisdiction.

The applicant filed a human rights application concerning events at a Landlord and Tenant Board mediation session.

The Tribunal raised concerns regarding the representative's standing and the Tribunal's jurisdiction over the matter.

After the representative withdrew, the Tribunal directed the applicant to file submissions on jurisdiction.

The applicant failed to file any submissions by the deadline.

Consequently, the Tribunal dismissed the application as abandoned.

Dearon Pillner v. Landlord and Tenant Board, 2014 HRTO 146

Kate Dearden

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 21, 2014

Human rights application alleging racial discrimination in employment termination dismissed for lack of evidence.

The applicant, a former Financial Analyst, alleged that his employment was terminated and he was subjected to differential treatment because of his race, colour, and ethnic origin.

The respondent maintained that the termination was without cause and related to performance issues and a clash in management styles.

The Tribunal found no evidence that the applicant's race, colour, or ethnic origin were factors in the termination or any other employment decisions.

The application was dismissed.

Chander v. Aon Reed Stenhouse Inc., 2014 HRTO 83

Request to add franchisor as respondent denied due to lack of employment control; personal respondent added.

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

The applicant sought to add the owner of the corporate respondent as a personal respondent, and the franchisor-like entity (Best Western International Inc.) as a corporate respondent.

The Tribunal granted the request to add the personal respondent due to questions about the corporate respondent's continued existence and ability to pay compensation.

The Tribunal denied the request to add Best Western International Inc., finding no basis for direct or vicarious liability given the independent contractor relationship and lack of control over employment matters.

The Tribunal also declined to defer the application pending the outcome of the applicant's WSIB claim.

Angus Lake v. 1627325 Ontario Ltd. operating as Best Western Sword Motor Inn and Robinson Lee, 2014 HRTO 73

James Melnick

3 cases2014–2021

Beth Walden

16 cases2012–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 14, 2014

Request to add personal respondents denied where corporate respondent accepted liability for alleged discrimination.

The applicant sought to add two individuals as personal respondents to her human rights application alleging pregnancy discrimination.

The corporate respondent opposed the request, confirming it would accept liability if discrimination was found and had the ability to pay any compensation.

The Tribunal denied the request, noting that under section 46.3(1) of the Human Rights Code, a corporation is deemed liable for the acts of its employees, and there were no compelling reasons such as allegations of harassment or inability to pay to justify adding the individuals.

Amber Towsley v. Pursuit Health Management Inc., 2014 HRTO 52

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 7, 2014

Human rights application dismissed as abandoned following the applicant's death and failure to respond.

The applicant filed a human rights application but was subsequently killed in a motorcycle accident.

The Tribunal contacted the applicant's representative to determine if the estate wished to pursue the application.

After receiving no response by the specified deadline, the Tribunal dismissed the application as abandoned.

Seabrook v. Charlotte Products Limited, 2014 HRTO 20

Antonella Ceddia

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 18, 2013

Human rights application alleging discriminatory comments by childcare worker dismissed for lack of credible evidence.

The applicant alleged that an employee of the respondent made discriminatory comments based on race, colour, family status, marital status, and reprisal during a conversation about transferring her son to a different childcare centre.

The applicant claimed the employee made stereotypical assumptions about her as a single black woman and suggested she was an unfit mother.

The Tribunal found that the applicant failed to provide clear, convincing, and cogent evidence to prove her allegations on a balance of probabilities.

The Tribunal noted that the applicant's testimony appeared to be based on her inferences rather than actual words spoken, and dismissed the application.

Avry Carty v. City of Toronto, 2013 HRTO 2092

Andrew Bratt

In Private Practice12 cases2013–2025

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 17, 2013

Motion to dismiss human rights application based on prior WSIB denial of mental stress benefits denied.

The respondent requested that the human rights application be dismissed under section 45.1 of the Human Rights Code, arguing that a prior WSIB decision denying the applicant's claim for mental stress benefits had appropriately dealt with the substance of the application.

The Tribunal denied the request, finding that the WSIB only considered entitlement under the Workplace Safety and Insurance Act and did not address the allegations of discrimination.

The Tribunal also denied the respondent's request to direct the applicant to file a new Reply, finding no prejudice or unfairness to the respondent.

Bhavik Shah v. Acklands Grainger Inc., 2013 HRTO 2084

Marc Kestenberg

In Private Practice61 cases2007–2025

George Leibbrandt

In Private Practice3 cases2009–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 16, 2013

Request to re-activate deferred human rights application denied as concurrent civil action remains ongoing.

The applicant requested the re-activation of a human rights application that had been deferred on consent due to a concurrent civil action.

The applicant argued the civil action was taking too long and had become protracted by a third-party action.

The Tribunal denied the request, finding that the civil action was ongoing, there was substantial overlap in the claims, and the circumstances did not warrant re-activating an application that would require adjudicating the exact issues currently before the court.

Errol Verasami v. 1120423 Ontario Limited o/a Comda Advertising Group, 2013 HRTO 2078

Jesse Cond

In Private Practice4 cases2013–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 29, 2013

Application for contravention of settlement dismissed as settlement did not contain a non-disparagement clause.

The applicant filed an Application alleging that the respondents contravened the Minutes of Settlement from a previous human rights complaint by disparaging him and discussing the original allegations.

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

The Tribunal found that the confidentiality provision in the settlement only covered the terms of the Minutes, not the underlying events, and the 'no admission of liability' clause did not prevent the respondents from discussing the events.

As there was no non-disparagement clause, the Tribunal dismissed the Application as having no reasonable prospect of success.

Andre Riopel v. Kerry Foster and Ian Dunlop, 2013 HRTO 1977

Brian Cook

Practising Law - Employed24 cases2010–2014

Request for reconsideration of decision dismissing human rights application for delay denied.

The applicant requested reconsideration of a decision that dismissed his human rights application for being filed outside the one-year time limit under section 34 of the Human Rights Code.

The applicant argued that his disability, ongoing litigation, and a period of incarceration provided a good faith explanation for the delay.

The Tribunal found that the applicant's new documents did not provide substantially different information than what was before the Tribunal originally, and that none of the grounds for reconsideration under Rule 26 were met.

The request for reconsideration was denied.

Ehamparam v. Doyle, 2013 HRTO 1973

Glorie Alfred

Brian Cook

Reconsideration granted; human rights application deferred rather than dismissed after applicant amended concurrent civil claim.

The applicant requested reconsideration of a Tribunal decision that dismissed her human rights application under section 34(11) of the Code due to a concurrent civil proceeding.

The Tribunal found that a procedural error occurred because the applicant's reply submissions were not before the adjudicator when the original decision was made.

Upon reconsideration, the Tribunal noted the applicant had filed an Amended Statement of Claim in the civil action that removed Code-based allegations and remedies.

Consequently, the Tribunal determined the application should not be dismissed under section 34(11), but ordered it deferred pending the conclusion of the civil action due to overlapping factual issues.

E.R. v. Toronto District School Board, 2013 HRTO 1971

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 25, 2013

Tribunal directs applicant to provide submissions on adjudicative immunity and representative status before determining jurisdiction.

The applicant filed a human rights complaint against the Landlord and Tenant Board, alleging discrimination based on race and colour by a mediator during a mediation session.

The Tribunal issued a Notice of Intent to Dismiss, noting that the mediator may be protected by adjudicative immunity and that the application failed to identify specific discriminatory acts.

The Tribunal directed the applicant to amend the application to name the proper respondents, provide submissions on why adjudicative immunity should not apply, detail the allegations against the mediator's manager, and clarify the licensing status of his representative.

Pillner v. Landlord and Tenant Board, 2013 HRTO 1946

Doug MacLeod

Suspended Administratively7 cases1994–2020

Andrew Kerr

31 cases2003–2018

Brian Cook

Human rights application dismissed for delay; no good faith explanation for 51-week delay after civil claim struck.

The applicant filed a human rights application alleging age discrimination more than five years after his employment was terminated.

He had initially pursued a civil action for wrongful dismissal that included a claim for damages under the Human Rights Code, which was struck by the court in July 2012.

The applicant waited another 51 weeks before filing his application with the Tribunal.

The Tribunal dismissed the application, finding that while the civil action might explain the delay up to July 2012, there was no good faith explanation for the subsequent 51-week delay in filing the application.

Gerald Kennedy v. Moore Packaging Corporation, 2013 HRTO 1942

Joseph Dart

4 cases2013–2020

Brian Cook

Request to defer human rights application pending WSIB claim denied as WSIB will not determine discrimination issue.

The respondents requested that the Human Rights Tribunal of Ontario defer consideration of the applicant's discrimination application pending the outcome of his Workplace Safety and Insurance Board (WSIB) claim.

The applicant alleged his employment was terminated due to his disability, while the respondents claimed he was laid off due to lack of work.

The Tribunal declined to defer the application, finding that the WSIB proceeding would likely not determine the core human rights issue of whether the termination was discriminatory.

Peter Babcock v. BMP (1985) Limited, 2013 HRTO 1939

William Hayter

6 cases1994–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 12, 2013

Tribunal denies employer's requests to dismiss or defer human rights application pending WSIB objection.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability and age after the respondent employer refused to re-employ her following a workplace injury.

The respondents requested that the application be dismissed under section 45.1 of the Human Rights Code, deferred pending a WSIB objection, and that the personal respondent be removed.

The Tribunal denied the requests, finding that the WSIB had not dealt with the substance of the application, deferral was not appropriate, and the personal respondent's separate response and representation warranted keeping him as a party at this stage.

Balanyk v. Niagara Hospitality Hotels Inc., 2013 HRTO 1878

Jennifer Trépanier

6 cases2006–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 8, 2013

Application dismissed for lack of jurisdiction as the respondent First Nations organization is a federal undertaking.

The applicant filed a human rights application alleging discrimination in employment against the respondent, a First Nations organization.

The respondent argued that its operations fall under exclusive federal jurisdiction.

Applying the functional test from NIL/TU,O, the Tribunal found that the respondent, a coalition of First Nations band councils promoting political, social, and economic interests, is a federal undertaking.

The application was dismissed for lack of jurisdiction.

Metat v. Mushkegowuk Council, 2013 HRTO 1877

Antonella Ceddia

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 6, 2013

Human rights application alleging discrimination in committee appointment dismissed for no reasonable prospect of success.

The applicant, a deaf person, alleged discrimination with respect to services because of disability after he was not selected for an interview for the respondent's Disability Issues Committee.

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

The Tribunal found that the applicant could not point to any evidence of discrimination, noting that the committee was not required to have a deaf member and there was no evidence that the cost of sign language interpreters influenced the decision.

The application was dismissed as having no reasonable prospect of success.

Darrell Villa v. Toronto City Hall, 2013 HRTO 1861

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 23, 2013

Respondent ordered to pay settlement amount plus $750 damages for breaching confidentiality and payment terms.

The applicant filed an Application alleging the respondent contravened the Minutes of Settlement from a previous sexual harassment complaint.

The respondent admitted to disclosing the terms of the settlement to a co-worker, breaching the confidentiality provision, and failed to make any of the agreed-upon installment payments.

The Tribunal found the respondent contravened the settlement and ordered him to pay the original settlement amount, plus an additional $750 for injury to dignity, feelings, and self-respect caused by the breaches, along with 5% post-judgment interest.

Anderson v. Gordon Stapley, 2013 HRTO 1784

Applicant

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

counsel

Justin McLartyCounsel
1 appearance

Counsel

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

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

for himself

David LawsonSelf-represented
1 appearance
Tom SteersSelf-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

Brenda CulbertAgent
1 appearance
Glen MorrisonParalegal
1 appearance

for the Applicant

Christine LundyParalegal
6 appearances
John BartolomeoCounsel
5 appearances
Glen MorrisonAgent
4 appearances
Beth WaldenCounsel
4 appearances
Osborne BarnwellCounsel
4 appearances
Shawn WestonParalegal
4 appearances
Andrew SpragueSelf-represented
4 appearances
Andrew PintoCounsel
3 appearances
Audrey VassellSelf-represented
3 appearances
George CarterSelf-represented
3 appearances
Victor YeeCounsel
3 appearances
David VizcayaSelf-represented
3 appearances
Donald CampbellSelf-represented
3 appearances
Duane MyersSelf-represented
3 appearances
Juan ReyesSelf-represented
2 appearances
Pardeep ChodhaSelf-represented
2 appearances
Ella VenholaCounsel
2 appearances
Irby ShepherdSelf-represented
2 appearances
Isabelle DurocheSelf-represented
2 appearances
Susan KoviosSelf-represented
2 appearances

for the Applicants

Berhane TsehayeSelf-represented
1 appearance
Brenda CulbertCounsel
1 appearance
Laura WhiteSelf-represented
1 appearance
Michelle BoyceSelf-represented
1 appearance
Randy WeaverSelf-represented
1 appearance
Roger MooreSelf-represented
1 appearance
Self-representedSelf-represented
1 appearance
Timothy WhiteSelf-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
Antoni CasalinuovoCounsel
1 appearance
Brian AshtonCounsel
1 appearance
Catherine DavisCounsel
1 appearance
David WrightCounsel
1 appearance
Gordon HumSelf-represented
1 appearance
Graham MartetteUnion representative
1 appearance
Heather Ann McConnellCounsel
1 appearance
Jenifer JoplingCounsel
1 appearance
Jessica HoffmanCounsel
1 appearance
Jorge HurtadoCounsel
1 appearance
Katherine RowenCounsel
1 appearance
Ken DamUnion representative
1 appearance
Mary Catherine ChambersCounsel
1 appearance
Melissa KronickCounsel
1 appearance
Michele Hamilton MayersCounsel
1 appearance
Aaron NeavesUnion representative
1 appearance
Piper HendersonCounsel
1 appearance
Risa PancerCounsel
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

Daryl CukiermanCounsel
1 appearance
Kylie Crawford Ten BrookCounsel
1 appearance

for the Respondent

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

Catherine PetersCounsel
1 appearance
Mr. LaplanteCounsel
1 appearance

for the Respondents

Susan MunnCounsel
4 appearances
Patty MurrayCounsel
3 appearances
Erin PorterCounsel
3 appearances
Michelle AltonCounsel
2 appearances
Mathew MihailovichCounsel
2 appearances
Jean Leslie MarentetteCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
David GourlayCounsel
2 appearances
Robert StewartAgent
2 appearances
Kristin TaylorCounsel
2 appearances
Ellen LowCounsel
2 appearances
Catherine PetersCounsel
2 appearances
Andrew ZabrovskyCounsel
1 appearance
Angela RaeCounsel
1 appearance
Anthony WellenreiterCounsel
1 appearance
Arif RazaCounsel
1 appearance
Asaminew AbebeSelf-represented
1 appearance
Atta ZabianSelf-represented
1 appearance
Balu GeorgeSelf-represented
1 appearance
Birinder AhluwaliaSelf-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

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

Respondent

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

Respondents

Jinan KubursiCounsel
1 appearance

Self-represented

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

The Applicant

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

The Intervenor

Victor YeeCounsel
1 appearance

The Respondent

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

Michael Horvath

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 6, 2014

Tribunal declines to dismiss contravention of settlement application, scheduling hearing to interpret disputed amending document.

The applicant filed a Contravention of Settlement Application alleging the respondent failed to make settlement payments within the timeframes specified in the Minutes of Settlement.

The respondent argued the application should be dismissed because the parties had signed a subsequent document amending the payment timeline.

The Tribunal declined to dismiss the application and directed that a half-day in-person hearing be scheduled.

Banaag v. Mondelez Canada Inc., 2014 HRTO 179

Brian Cook

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

The Tribunal scheduled a summary hearing by telephone conference call.

The respondent attended, but the applicant failed to appear.

After waiting half an hour, the adjudicator adjourned the hearing.

In accordance with the Tribunal's usual practice, the application was dismissed as abandoned.

JH v. Ontario Baseball Association Inc. o/a Baseball Ontario, 2014 HRTO 159

Brian Cook

Not Practising Law18 cases2012–2020

Human rights application dismissed as abandoned after applicant failed to file submissions on jurisdiction.

The applicant filed a human rights application concerning events at a Landlord and Tenant Board mediation session.

The Tribunal raised concerns regarding the representative's standing and the Tribunal's jurisdiction over the matter.

After the representative withdrew, the Tribunal directed the applicant to file submissions on jurisdiction.

The applicant failed to file any submissions by the deadline.

Consequently, the Tribunal dismissed the application as abandoned.

Dearon Pillner v. Landlord and Tenant Board, 2014 HRTO 146

Kate Dearden

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 21, 2014

Human rights application alleging racial discrimination in employment termination dismissed for lack of evidence.

The applicant, a former Financial Analyst, alleged that his employment was terminated and he was subjected to differential treatment because of his race, colour, and ethnic origin.

The respondent maintained that the termination was without cause and related to performance issues and a clash in management styles.

The Tribunal found no evidence that the applicant's race, colour, or ethnic origin were factors in the termination or any other employment decisions.

The application was dismissed.

Chander v. Aon Reed Stenhouse Inc., 2014 HRTO 83

Ralph Swaine

Practising Law - Employed1 case2014–2014

Melissa MacRae

Kylie Crawford Ten Brook

In Private Practice1 case2014–2014

Daryl Cukierman

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 17, 2014

Request to add franchisor as respondent denied due to lack of employment control; personal respondent added.

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

The applicant sought to add the owner of the corporate respondent as a personal respondent, and the franchisor-like entity (Best Western International Inc.) as a corporate respondent.

The Tribunal granted the request to add the personal respondent due to questions about the corporate respondent's continued existence and ability to pay compensation.

The Tribunal also declined to defer the application pending the outcome of the applicant's WSIB claim.

Angus Lake v. 1627325 Ontario Ltd. operating as Best Western Sword Motor Inn and Robinson Lee, 2014 HRTO 73

James Melnick

3 cases2014–2021

Beth Walden

16 cases2012–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 14, 2014

Request to add personal respondents denied where corporate respondent accepted liability for alleged discrimination.

The applicant sought to add two individuals as personal respondents to her human rights application alleging pregnancy discrimination.

The corporate respondent opposed the request, confirming it would accept liability if discrimination was found and had the ability to pay any compensation.

Amber Towsley v. Pursuit Health Management Inc., 2014 HRTO 52

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 7, 2014

Human rights application dismissed as abandoned following the applicant's death and failure to respond.

The applicant filed a human rights application but was subsequently killed in a motorcycle accident.

The Tribunal contacted the applicant's representative to determine if the estate wished to pursue the application.

After receiving no response by the specified deadline, the Tribunal dismissed the application as abandoned.

Seabrook v. Charlotte Products Limited, 2014 HRTO 20

Antonella Ceddia

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 18, 2013

Human rights application alleging discriminatory comments by childcare worker dismissed for lack of credible evidence.

The applicant claimed the employee made stereotypical assumptions about her as a single black woman and suggested she was an unfit mother.

The Tribunal found that the applicant failed to provide clear, convincing, and cogent evidence to prove her allegations on a balance of probabilities.

The Tribunal noted that the applicant's testimony appeared to be based on her inferences rather than actual words spoken, and dismissed the application.

Avry Carty v. City of Toronto, 2013 HRTO 2092

Andrew Bratt

In Private Practice12 cases2013–2025

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 17, 2013

Motion to dismiss human rights application based on prior WSIB denial of mental stress benefits denied.

The Tribunal denied the request, finding that the WSIB only considered entitlement under the Workplace Safety and Insurance Act and did not address the allegations of discrimination.

The Tribunal also denied the respondent's request to direct the applicant to file a new Reply, finding no prejudice or unfairness to the respondent.

Bhavik Shah v. Acklands Grainger Inc., 2013 HRTO 2084

Marc Kestenberg

In Private Practice61 cases2007–2025

George Leibbrandt

In Private Practice3 cases2009–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 16, 2013

Request to re-activate deferred human rights application denied as concurrent civil action remains ongoing.

The applicant requested the re-activation of a human rights application that had been deferred on consent due to a concurrent civil action.

The applicant argued the civil action was taking too long and had become protracted by a third-party action.

Errol Verasami v. 1120423 Ontario Limited o/a Comda Advertising Group, 2013 HRTO 2078

Jesse Cond

In Private Practice4 cases2013–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 29, 2013

Application for contravention of settlement dismissed as settlement did not contain a non-disparagement clause.

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

As there was no non-disparagement clause, the Tribunal dismissed the Application as having no reasonable prospect of success.

Andre Riopel v. Kerry Foster and Ian Dunlop, 2013 HRTO 1977

Brian Cook

Practising Law - Employed24 cases2010–2014

Request for reconsideration of decision dismissing human rights application for delay denied.

The applicant requested reconsideration of a decision that dismissed his human rights application for being filed outside the one-year time limit under section 34 of the Human Rights Code.

The applicant argued that his disability, ongoing litigation, and a period of incarceration provided a good faith explanation for the delay.

The request for reconsideration was denied.

Ehamparam v. Doyle, 2013 HRTO 1973

Glorie Alfred

Brian Cook

Reconsideration granted; human rights application deferred rather than dismissed after applicant amended concurrent civil claim.

The applicant requested reconsideration of a Tribunal decision that dismissed her human rights application under section 34(11) of the Code due to a concurrent civil proceeding.

The Tribunal found that a procedural error occurred because the applicant's reply submissions were not before the adjudicator when the original decision was made.

Upon reconsideration, the Tribunal noted the applicant had filed an Amended Statement of Claim in the civil action that removed Code-based allegations and remedies.

E.R. v. Toronto District School Board, 2013 HRTO 1971

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 25, 2013

Tribunal directs applicant to provide submissions on adjudicative immunity and representative status before determining jurisdiction.

The applicant filed a human rights complaint against the Landlord and Tenant Board, alleging discrimination based on race and colour by a mediator during a mediation session.

The Tribunal issued a Notice of Intent to Dismiss, noting that the mediator may be protected by adjudicative immunity and that the application failed to identify specific discriminatory acts.

Pillner v. Landlord and Tenant Board, 2013 HRTO 1946

Doug MacLeod

Suspended Administratively7 cases1994–2020

Andrew Kerr

31 cases2003–2018

Brian Cook

Human rights application dismissed for delay; no good faith explanation for 51-week delay after civil claim struck.

The applicant filed a human rights application alleging age discrimination more than five years after his employment was terminated.

He had initially pursued a civil action for wrongful dismissal that included a claim for damages under the Human Rights Code, which was struck by the court in July 2012.

The applicant waited another 51 weeks before filing his application with the Tribunal.

Gerald Kennedy v. Moore Packaging Corporation, 2013 HRTO 1942

Joseph Dart

4 cases2013–2020

Brian Cook

Request to defer human rights application pending WSIB claim denied as WSIB will not determine discrimination issue.

The applicant alleged his employment was terminated due to his disability, while the respondents claimed he was laid off due to lack of work.

The Tribunal declined to defer the application, finding that the WSIB proceeding would likely not determine the core human rights issue of whether the termination was discriminatory.

Peter Babcock v. BMP (1985) Limited, 2013 HRTO 1939

William Hayter

6 cases1994–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 12, 2013

Tribunal denies employer's requests to dismiss or defer human rights application pending WSIB objection.

The respondents requested that the application be dismissed under section 45.1 of the Human Rights Code, deferred pending a WSIB objection, and that the personal respondent be removed.

Balanyk v. Niagara Hospitality Hotels Inc., 2013 HRTO 1878

Jennifer Trépanier

6 cases2006–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 8, 2013

Application dismissed for lack of jurisdiction as the respondent First Nations organization is a federal undertaking.

The applicant filed a human rights application alleging discrimination in employment against the respondent, a First Nations organization.

The respondent argued that its operations fall under exclusive federal jurisdiction.

The application was dismissed for lack of jurisdiction.

Metat v. Mushkegowuk Council, 2013 HRTO 1877

Antonella Ceddia

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 6, 2013

Human rights application alleging discrimination in committee appointment dismissed for no reasonable prospect of success.

The applicant, a deaf person, alleged discrimination with respect to services because of disability after he was not selected for an interview for the respondent's Disability Issues Committee.

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

The application was dismissed as having no reasonable prospect of success.

Darrell Villa v. Toronto City Hall, 2013 HRTO 1861

Brian Cook