Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 25, 2013

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

The applicant filed a human rights application against the respondents.

A hearing was scheduled, and the Notice of Hearing was delivered to the applicant's paralegal representative.

The applicant failed to attend the hearing.

The Tribunal was satisfied that the applicant had notice of the hearing and deemed the application abandoned.

The application was dismissed.

Ana Monteiro v. CSDC Systems Inc. and Dan Mishra, 2013 HRTO 1297

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 24, 2013

Reconsideration request denied as applicant merely restated previous arguments without establishing required grounds.

The applicant requested reconsideration of a previous decision that dismissed his human rights application for abuse of process due to his manner of communication.

The Tribunal denied the request, finding that the applicant merely restated his previous arguments regarding his disability and his negative opinions of the respondents, without establishing any of the required grounds for reconsideration under Rule 26.5.

Vizcaya v. UJA Federation of Greater Toronto, 2013 HRTO 1285

Graham Williamson

Practising Law - Employed10 cases2001–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 23, 2013

Human rights application dismissed for delay; pursuing internal union processes does not excuse late filing.

The applicant filed a human rights application alleging sex discrimination after a job offer for a union organizer position was rescinded in 2007.

The Tribunal issued a Notice of Intent to Dismiss because the application was filed in 2013, well beyond the one-year limitation period under section 34 of the Human Rights Code.

The applicant argued that her pursuit of internal union dispute resolution processes and a 2008 contact with the Ontario Human Rights Commission constituted a good faith explanation for the delay.

The Tribunal found no series of incidents and held that pursuing other legal avenues does not establish a good faith explanation for delay.

The application was dismissed.

Cameron v. I.B.E.W., Local 120, 2013 HRTO 1277

Tribunal defers remedy amendment request and retains two contested personal respondents pending the merits hearing.

The applicant in a human rights proceeding requested an order to amend the remedies sought, including directing monetary compensation to a charity and adding dispute resolution processes.

The respondents requested the removal of four named personal respondents.

The Tribunal deferred the remedy amendment request to the hearing adjudicator, finding it unnecessary to decide at the preliminary stage.

Two personal respondents were removed on consent, while the remaining two were retained as respondents, subject to reconsideration at the hearing.

Wales v. Toyota Motor Manufacturing Canada Inc., 2013 HRTO 1274

Stewart McMahon

73 cases2010–2022

Greg Bullen

50 cases2009–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 19, 2013

Human rights application deferred pending conclusion of related grievance proceeding.

The applicant filed a human rights application alleging discrimination with respect to employment because of disability.

The Tribunal issued a Notice of Intent to Defer because there were ongoing grievance proceedings before the Grievance Settlement Board related to the same issues and events.

The respondents supported deferral, and the applicant did not file submissions.

The Tribunal deferred the application pending the conclusion of the grievance proceeding, noting that arbitrators have the power and responsibility to deal with the Code in relation to grievances.

Gaunce v. Ontario (Community Safety and Correctional Services), 2013 HRTO 1258

Sarah Eves

In Private Practice7 cases2009–2016

Brian Cook

Tribunal orders disclosure of applicant's medical records to respondents subject to confidentiality conditions.

The respondents requested access to the applicant's medical records held by the hospital's Occupational Health and Safety Department and her WSIB file.

The applicant, who was self-represented, expressed a desire to keep her medical records confidential.

The Tribunal found that because the applicant had put her disability and the respondents' accommodation efforts in issue, the records were relevant.

The Tribunal ordered the disclosure of the records for specific periods, subject to strict confidentiality conditions and a process for the applicant to object to the further disclosure of specific records.

Whitehurst v. Markham Stouville Hospital, 2013 HRTO 1239

Allan Freedman

3 cases2013–2014

Brian Cook

No remedy ordered for technical contravention of settlement where uncertified cheque was successfully cashed.

The applicant filed a Contravention of Settlement Application under section 45.9 of the Human Rights Code, alleging the respondents breached their Minutes of Settlement by providing an uncertified cheque.

The Tribunal noted that while the failure to certify the cheque meant the settlement was not strictly adhered to, the applicant successfully cashed the cheque on the same day and the funds cleared.

Because the applicant had already received the money, the Tribunal concluded that no order was necessary to remedy the technical contravention.

Daniela Florencia v. A.C.E. Daycare Inc. (Concord) and Sofia Rom, 2013 HRTO 1238

Brian Cook

Practising Law - Employed37 cases1994–2024

Request for reconsideration denied as applicant provided no new determinative facts or evidence.

The applicant requested a reconsideration of a decision that dismissed her application due to delay and no reasonable prospect of success.

The Tribunal found that the applicant merely repeated arguments from the original hearing and provided no new determinative facts that could not have been obtained earlier.

The applicant's explanation regarding technical difficulties with the Tribunal's online forms did not provide a good faith explanation for the delay.

The request for reconsideration was denied.

Michele Van Bauwel v. Toronto Transit Commission, 2013 HRTO 1228

Wade Poziomka

55 cases2011–2017

Elizabeth Nurse

Brenda Bowlby

67 cases1984–2014

Brian Cook

Human rights application deferred pending resolution of ongoing grievance proceeding regarding the applicant's termination.

The applicant filed a human rights application against her former employer and two union locals.

Following her termination, a grievance was filed and an arbitrator was selected.

The Tribunal held a summary hearing to determine whether the application against the union locals should be dismissed for having no reasonable prospect of success.

All parties agreed the application should be deferred pending the grievance proceeding, but the union locals requested dismissal prior to deferral.

The Tribunal deferred the entire application, finding that the issue of whether there is no reasonable prospect of success against the union locals could be better assessed after the grievance proceeding concludes.

Marilyn O’Brien v. Halton Catholic District School Board, 2013 HRTO 1226

Brian Cook

Request for reconsideration dismissed as applicant failed to satisfy Rule 26.5 criteria.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed her human rights application under section 45.1 of the Human Rights Code.

The original decision found that the substance of her application, which alleged discrimination in the respondent's failure to hire her for a new hotel, had been appropriately dealt with in a union grievance process before a Reviewer.

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

Mirjana Georgievska v. Kingdom Hotels Limited o/a Four Seasons Hotel Toronto, 2013 HRTO 1225

Michele Wright

30 cases2008–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 10, 2013

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

The applicant filed a human rights application alleging discrimination by a court security officer.

A summary hearing was scheduled to determine if the application had a reasonable prospect of success.

The applicant failed to attend the telephone conference call hearing without explanation.

The Tribunal found the application was abandoned and dismissed it as an abuse of process.

Jayaraj v. Cannon, 2013 HRTO 1207

John Bartolomeo

Practising Law - Employed13 cases2009–2024

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 5, 2013

Tribunal declined to defer human rights application pending WSIB proceedings due to potential delay and jurisdictional limits.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, claiming he was terminated after requesting accommodation for chemical sensitivity and indicating an intent to file a WSIB claim.

The Tribunal issued a Notice of Intent to Defer pending the resolution of the concurrent WSIB claim.

The Tribunal declined to defer the application, finding that the WSIB process might take a very long time and would not address the human rights allegations unless it first found a work-related condition, and even then, could not provide a remedy for Code infringements.

Mehdi Yousefi v. Eugene Collision Limited, 2013 HRTO 1180

Kristin Taylor

22 cases1995–2018

Brian Cook

In Private Practice3 cases2013–2013

Application for workplace racial discrimination and harassment dismissed due to lack of corroborating evidence.

The applicant, a bilingual Collection Agent, alleged she was subjected to racial discrimination, harassment, and a poisoned work environment by her manager and co-workers, which forced her to resign.

The Tribunal found that while there were personality clashes and the applicant felt bullied, there was no evidence to corroborate that any of the alleged harassment was racially based or connected to a Code-protected ground.

The application was dismissed.

Halima Nuur v. Chubb Edwards a U.T.C. Fire, Security and Climate Company, 2013 HRTO 1148

Erica Cappello

Brian Cook

In Private Practice4 cases2012–2013

Summary dismissal denied as conflicting factual accounts of workplace discrimination required credibility assessments.

The applicant filed a human rights application alleging discrimination and harassment in employment based on sexual orientation, leading to her resignation.

The respondent denied the allegations and requested the application be dismissed at a summary hearing for having no reasonable prospect of success.

The Tribunal declined to dismiss the application, finding that the dispute involved conflicting factual accounts that required credibility assessments, which could not be resolved at a summary hearing.

Morales v. Inquattro Fashion Group Corporation, 2013 HRTO 1140

Paul Rochford

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 28, 2013

Applicant declared a vexatious litigant due to persistent abusive conduct and repeated unsuccessful applications.

The respondents requested that the applicant be declared a vexatious litigant following the dismissal of his human rights application for abuse of process.

The applicant had a history of filing similar applications and engaging in abusive conduct towards respondents and the Tribunal.

The Tribunal applied the test for vexatious litigants and found that the applicant's persistent, inappropriate behaviour and repeated unsuccessful applications warranted the declaration.

The applicant was declared a vexatious litigant and must seek leave before filing future applications.

Vizcaya v. UJA Federation of Greater Toronto, 2013 HRTO 1142

Kate Dearden

Not Practising Law18 cases2012–2020

Brian Cook

Not Practising Law - Employed21 cases2009–2017

Tribunal allows amendment to add family status and refuses to dismiss application summarily.

The respondent requested the dismissal of the applicant's human rights application on the basis that it had no reasonable prospect of success.

The applicant, who alleged discrimination in employment based on disability, sought to amend her application to add family status as a ground of discrimination.

The Tribunal granted the request to amend, finding it did not significantly expand the scope of the issues and was made before document disclosure.

The Tribunal dismissed the respondent's request to dismiss the application, concluding that a full hearing was necessary to assess the evidence regarding whether the applicant's disability or family status were factors in her termination.

Loralie Bluett v. PwC Management Services LP, 2013 HRTO 1104

Stephen Maio

Brian Cook

Sex discrimination claim dismissed at summary hearing; disability claim regarding arrest accommodation allowed to proceed.

The applicant filed a human rights application alleging discrimination on the basis of sex and disability by the respondent police services during her arrest and detention.

The Tribunal held a summary hearing to determine if the application had no reasonable prospect of success.

The Tribunal dismissed the sex discrimination allegations, finding that being arrested by a male officer and the police's alleged failure to investigate her prior complaints did not constitute sex discrimination.

However, the Tribunal allowed the disability discrimination allegations to proceed, as the issues regarding the accommodation of the applicant's osteoarthritis during handcuffing and her exposure to ammonia fumes in the holding cell aggravating her asthma required a full evidentiary hearing.

Howell v. York Regional Police, 2013 HRTO 1095

Jessica Young

8 cases2012–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 19, 2013

Human rights application deferred pending the outcome of a concurrent WSIB appeal regarding the same facts.

The applicant filed an application alleging discrimination in employment on the basis of disability, claiming the respondent failed to accommodate his workplace injury and laid him off because of his disability.

The respondent sought to dismiss the application, arguing it was barred by a prior grievance settlement, or alternatively to defer it pending an ongoing WSIB appeal.

The Tribunal declined to dismiss the application, finding the grievance settlement did not address Code-related issues.

However, the Tribunal deferred the application pending the WSIB Appeals Resolution Officer's decision to avoid concurrent proceedings arising from the same factual history.

Simopoulos v. Sprint Insight Inc., 2013 HRTO 1092

David Whitten

6 cases2010–2016

Daniel Chodos

In Private Practice19 cases2010–2022

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 17, 2013

Summary dismissal denied; age discrimination application by 67-year-old security guard to proceed.

The applicant, a 67-year-old security guard, alleged age discrimination after being temporarily replaced at his desk by a younger supervisor during a building tour by prospective buyers.

The Tribunal held a summary hearing on its own initiative to determine if the Application had no reasonable prospect of success.

The applicant presented evidence that a supervisor had informed him the client requested his removal because he was 'old and short'.

The Tribunal concluded there was a reasonable prospect the applicant could prove his case and directed the respondent to file a Response.

Campbell v. Intercon Security Limited, 2013 HRTO 1069

Sara Graves

1 case2013–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 12, 2013

Request to remove personal respondent granted where corporate respondent assumed liability for his actions.

The applicant alleged that her employment was terminated because she disclosed her pregnancy.

The corporate respondent requested that the individual who informed the applicant of her termination be removed as a personal respondent.

Applying the Persaud factors, the Tribunal found that the individual acted in the course of his duties and the corporate respondent agreed to assume any liability.

The request to remove the personal respondent was granted.

Preece v. Sobeys Capital Incorporated, 2013 HRTO 1050

Applicant

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

counsel

Justin McLartyCounsel
1 appearance

Counsel

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

Counsel for Human Resources Professional Association and Rebecca Durcan

Erica RichlerCounsel
1 appearance

Counsel for Loblaw Companies Limited

McLean WoodCounsel
1 appearance

Counsel for Ontario College of Nurses, Proposed Respondent

Prya MorleyCounsel
1 appearance

Counsel for Ontario Lottery and Gaming Commission

David RossCounsel
1 appearance

Counsel for the Respondents

Paul RochfordCounsel
1 appearance

Counsel for the respondent United Steelworkers, Local 7135

Cathy BakerCounsel
1 appearance

for Alana Miller

Mark EllisCounsel
1 appearance

for AuRico Gold Inc.

Michael TorranceCounsel
1 appearance

for Carillion Services Inc.

Daniel ShieldsCounsel
1 appearance

for Caroline Roncadin

Amanda SmallwoodCounsel
1 appearance

for CAW

Anthony DaleCounsel
1 appearance

for Chrysler Canada

Clifford HartCounsel
1 appearance

for Complex Services Inc.

Paul PingueCounsel
1 appearance

for Contact Niagara for Children’s and Developmental Services and Todd Mason

Lonny RosenCounsel
2 appearances

for Corrine Long

Raj AnandCounsel
1 appearance

for CUPE

Ryan GoldvineUnion representative
1 appearance
Susan BallantyneCounsel
1 appearance

for CUPE, Interested party

Fred HoUnion representative
1 appearance

for CUPE Local 3166 and CUPE Local 5200

Elizabeth NurseCounsel
1 appearance

for Deborah DeGroot

Deborah DeGrootSelf-represented
1 appearance

for Delta Bingo Inc.

Sabatina VassalliCounsel
1 appearance

for Dufferin Vacant Land Condominium Corporation No. 22

Michelle KellyCounsel
1 appearance

for F Janzen Drug Limited

Derek ZulianelloCounsel
1 appearance

for Frank Smith

Anna MatasCounsel
1 appearance

for Gomez Sebastian and Tobias Abell

Mahi KeyvaniAgent
1 appearance

for Her Majesty the Queen in right of Ontario

Anita LyonCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as Represented by the Minister of Education

Daniel HuffakerCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as represented by the Ministry of Government Services

Stuart McMahonCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as Represented by the Ministry of Training, Colleges and Universities

Bruce EllisCounsel
1 appearance

for herself

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

for himself

Tom SteersSelf-represented
1 appearance
David LawsonSelf-represented
1 appearance

for Honywell Safety Products

Sven PoysaCounsel
1 appearance

for Kinark Child and Family Services

Sabatina VassalliCounsel
2 appearances

for Laird Constructors

Scott ThompsonCounsel
1 appearance

for Loblaw Companies Limited and MacLean Wood

MacLean WoodCounsel
1 appearance

for Mahdi Keyvani

Mahdi KeyvaniSelf-represented
1 appearance

for Margaret De Wit

Self-representedSelf-represented
1 appearance

for Marty Burke

Marty BurkeSelf-represented
1 appearance

former representative for the Applicant

Leonard ReeceAgent
1 appearance

for Niagara Hospitality Hotels Inc.

Self-representedSelf-represented
1 appearance

for Norfolk County, Norview Lodge, Kim Jenereaux, and Cindy Arn

Ryan ConlinCounsel
1 appearance

for Ontario Charitable Gaming Association

Michael LiptonCounsel
1 appearance

for Ontario Lottery and Gaming Corporation

M. David RossCounsel
1 appearance
Tom MoutsatsosCounsel
1 appearance

for Ontario Public Service Employees Union

Hugh O’ReillyCounsel
1 appearance

for OPSEU

David WrightCounsel
1 appearance

for OPSEU Pension Trust

Ari KaplanCounsel
1 appearance

for Petro Canada

Susan MetzlerCounsel
1 appearance

for Regional Municipality of Waterloo, Helen Eby, Diana Ulett, Jacqueline Williams, Canday Wilts, Jean Shearer, Leanne Brooker, Kasia Znaniecki, and Patricia Wagler

Carl PetersonCounsel
1 appearance
Megan BealCounsel
1 appearance

for Scapa Tapes North America

Paula RusakCounsel
1 appearance

for Scapa Tapes North America and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial Local 6946-I

Katrina PeddleCounsel
1 appearance

for SEIU, Local 1 Canada

Karen WalshUnion representative
1 appearance

for Sheraton Gateway Hotel and Andrew Simmers

Donna D’AndreaCounsel
1 appearance

for Stevens Resource Group Inc.

Elizabeth TraynorCounsel
1 appearance

for St. John's

Lena VartanianCounsel
1 appearance

for the applicant

Glen MorrisonParalegal
1 appearance
Brenda CulbertAgent
1 appearance

for the Applicant

Christine LundyParalegal
6 appearances
John BartolomeoCounsel
5 appearances
Osborne BarnwellCounsel
4 appearances
Andrew SpragueSelf-represented
4 appearances
Glen MorrisonAgent
4 appearances
Shawn WestonParalegal
4 appearances
Beth WaldenCounsel
4 appearances
David VizcayaSelf-represented
3 appearances
Andrew PintoCounsel
3 appearances
Audrey VassellSelf-represented
3 appearances
Duane MyersSelf-represented
3 appearances
Victor YeeCounsel
3 appearances
George CarterSelf-represented
3 appearances
Donald CampbellSelf-represented
3 appearances
Alan BoswellSelf-represented
2 appearances
Irby ShepherdSelf-represented
2 appearances
Self-representedSelf-represented
2 appearances
Michael MooreSelf-represented
2 appearances
Ella VenholaCounsel
2 appearances
Daniel ParsonsSelf-represented
2 appearances

for the Applicants

Self-representedSelf-represented
1 appearance
Michelle BoyceSelf-represented
1 appearance
Roger MooreSelf-represented
1 appearance
Randy WeaverSelf-represented
1 appearance
Timothy WhiteSelf-represented
1 appearance
Laura WhiteSelf-represented
1 appearance
Brenda CulbertCounsel
1 appearance
Berhane TsehayeSelf-represented
1 appearance

for the Canadian Addiction Treatment Centres LP

Peter DudaCounsel
1 appearance

for the Canadian Commercial Workers Industry Pension Plan

Anthony GuindonCounsel
1 appearance

for the Canadian Union of Public Employees, Local 4807

David SteeleCounsel
1 appearance

for the College of Ontario Surgeons of Ontario

Monica TessierCounsel
1 appearance

for the Financial Services Commission of Ontario

Shemin ManjiCounsel
1 appearance

for the Halton Catholic District School Board

Brenda BowlbyCounsel
1 appearance

for the Intervener

Frank ReynoldsUnion representative
1 appearance

for the Intervenor

Stephanie HobbsCounsel
2 appearances
Paul O’RyanCounsel
2 appearances
Jessica HoffmanCounsel
1 appearance
David WrightCounsel
1 appearance
Brian AshtonCounsel
1 appearance
Gordon HumSelf-represented
1 appearance
Graham MartetteUnion representative
1 appearance
Michele Hamilton MayersCounsel
1 appearance
Jenifer JoplingCounsel
1 appearance
Catherine DavisCounsel
1 appearance
Shaheen HiraniCounsel
1 appearance
Aaron NeavesUnion representative
1 appearance
Katherine RowenCounsel
1 appearance
Heather Ann McConnellCounsel
1 appearance
Risa PancerCounsel
1 appearance
Piper HendersonCounsel
1 appearance
Ken DamUnion representative
1 appearance
Robert ChampagneCounsel
1 appearance
Jorge HurtadoCounsel
1 appearance
Mary Catherine ChambersCounsel
1 appearance

for the Intervenor York Regional Police Association

Bruce PriceCounsel
1 appearance

for The Law Foundation, Marion Boyd, and Chris Thomas

Elizabeth ForsterCounsel
1 appearance

for The Law Society of Upper Canada and Thomas Conway

Dolores BarbiniCounsel
1 appearance

for the Male Faculty Member

Ross WellsCounsel
1 appearance

for the Ministry of Children and Youth Services

Cheryl EllisonCounsel
1 appearance

for the Ministry of Community Safety and Correctional Services

Stewart McMahonCounsel
1 appearance

for the numbered company

Jeffery KerbelAgent
1 appearance

for the Office of the Independent Police Review Director, Respondent

Lynette D’SouzaCounsel
1 appearance

for the organizational respondent and the other personal respondents

Douglas AbrahamCounsel
1 appearance

for the Proposed intervenor

Melissa KronickCounsel
1 appearance

for the Proposed Personal Respondent

Simon-Pierre PaquetteCounsel
1 appearance

for the proposed respondent

Heather AldenUnion representative
1 appearance

for the Proposed Respondent

Kylie Crawford Ten BrookCounsel
1 appearance
Daryl CukiermanCounsel
1 appearance

for the Respondent

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

for the Respondent 1243564 Ontario Limited

Kathleen AndrewCounsel
1 appearance

for the Respondent 1243564 Ontario Limited o/a Total Scrap Management

Kathleen AndrewCounsel
1 appearance

for the Respondent Canadian Union of Public Employees and its Local 87

Gavin LeebCounsel
1 appearance

for the Respondent CAW

Anthony DaleCounsel
1 appearance

for the Respondent Chrysler Canada

Clifford HartCounsel
1 appearance

for the Respondent Chrysler Canada Inc.

Cliff HartCounsel
1 appearance

for the Respondent City of Hamilton

Brenda GloverCounsel
1 appearance

for the Respondent, Clint Williams

Thomas SargeantAgent
1 appearance

for the Respondent Francisco José De Andrade

Francisco José De AndradeSelf-represented
1 appearance

for the Respondent Hamilton Niagara Haldimand Brant Community Care Access Centre

Katharine ByrickCounsel
1 appearance

for the Respondent Hamilton Police Association

Joshua PhillipsCounsel
1 appearance

for the Respondent Hamilton Police Services Board

Marco VisentiniCounsel
1 appearance

for the Respondent Henry Rivas

Crista ReaCounsel
2 appearances

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Attorney General

Fatema DadaCounsel
1 appearance

for the Respondent Hotel Dieu Grace Hospital

Kate DeardenCounsel
1 appearance

for the Respondent Howard Hurwitz

Amanda SmallwoodCounsel
1 appearance

for the Respondent Mary Powell

Susan TothCounsel
1 appearance

for the Respondent Maxine Straker

Maxine StrakerSelf-represented
1 appearance

for the Respondent Michael Rogozinsky

Michael RogozinskySelf-represented
1 appearance

for the Respondent ParaMed Home Health Care

Shikha SharmaCounsel
1 appearance

for the Respondent Pomer and Boccia Professional Corporation

David PomerCounsel
2 appearances

for the Respondent, Prescott Standard Condominium Corporation No. 19

Mitchell RobinsonCounsel
1 appearance

for the Respondent Rogers Blue Jays Baseball Partnership dba Toronto Blue Jays Baseball Club

Arlen SternbergCounsel
1 appearance

for the respondents

Mr. LaplanteCounsel
1 appearance
Catherine PetersCounsel
1 appearance

for the Respondents

Susan MunnCounsel
4 appearances
Erin PorterCounsel
3 appearances
Patty MurrayCounsel
3 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Mathew MihailovichCounsel
2 appearances
Catherine PetersCounsel
2 appearances
Ellen LowCounsel
2 appearances
David GourlayCounsel
2 appearances
Kristin TaylorCounsel
2 appearances
Robert StewartAgent
2 appearances
Michelle AltonCounsel
2 appearances
Jean Leslie MarentetteCounsel
2 appearances
Philip GrahamCounsel
1 appearance
Tom MoutsatsosCounsel
1 appearance
Laura CassianiCounsel
1 appearance
Kate DeardenCounsel
1 appearance
David GoodmanCounsel
1 appearance
Chris EamesCounsel
1 appearance
Tim LawsonCounsel
1 appearance
Junny LoSelf-represented
1 appearance

for the Respondents, 2447127 Ontario Inc.

Thomas SchoenleberParalegal
1 appearance

for the Respondents Karim Zahraei and Roghaiyeh Salmani Farmand

Aysan ZahraeiAgent
1 appearance

for the Respondents Sabeena Misra, L. Atwood, France Fernando, Angela Novena, David Adekoya, Roy Diklich, Curtis Fedoruk and Adewale Akinisotu

Helen RichardsCounsel
1 appearance

for the Respondents Service Employees International Union Canada Local 1, Christine Gilbert and Mike Newell

Mike NewellUnion representative
1 appearance

for the Respondent, Stevens Resource Group

Elizabeth TraynorCounsel
1 appearance

for the Respondents The Corporation of Norfolk County, Norview Lodge, Kim Jenereaux and Jill Thompson

Ryan ConlinCounsel
1 appearance

for the Respondents The Regional Municipality of York Police Services Board and Kirk Marshall

Stephen MaioCounsel
1 appearance

for the Respondent The City of Thunder Bay

M. FricotCounsel
1 appearance

for the Respondent The Corporation of the City of Thunder Bay

Mandy FricotCounsel
1 appearance

for the Respondent The Regional Municipality of Peel Police Services Board

Paula RuzakCounsel
1 appearance

for the Respondent Ticketmaster Canada LP

Stuart SvonkinCounsel
1 appearance

for the Respondent Toronto Electric Model Aviation Club

Simon HinchcliffeAgent
1 appearance

for the Respondent Toronto Police Services Board

Andrea DenovanCounsel
1 appearance

for the Respondent Toronto Standard Condominium Corporation No. 1919

Bradley ChaplickCounsel
1 appearance

for the Respondent Toronto Standard Condominium Corporation No. 2471

Jessica HoffmanCounsel
1 appearance

for the Respondent Unifor and its Local 1285

Anthony DaleCounsel
1 appearance

for the Respondent University Health Network – Toronto Western Hospital

Lee LenkinskiCounsel
1 appearance

for the Respondent Windsor Regional Hospital

Paula TrattnerCounsel
1 appearance

for the Respondent, Workplace Safety and Insurance Board

Gurjit BrarCounsel
1 appearance

for the Service Employees International Union Canada, Local 1

Mike NewellUnion representative
1 appearance

for the Toronto District School Board

Wendy LopezCounsel
1 appearance

for the Workplace Safety and Insurance Board

Agnes WintersingerAgent
1 appearance
Greg BullenCounsel
1 appearance

for Unifor

Piper HendersonCounsel
1 appearance

for Unifor Local 1106, Karrie Mercier and Bill McLachlan

Kathryn BellCounsel
1 appearance

for United Steelworkers

Shaheen HiraniCounsel
1 appearance

for V.H. Fuels Inc.

Eric AmodeoCounsel
1 appearance

for Vince Kerrio

William HayterCounsel
1 appearance

for York University

Joanna RainbowCounsel
1 appearance

On her own behalf

Catherine ChanSelf-represented
1 appearance

On Her Own Behalf

Houdeh HoushangiSelf-represented
1 appearance

on his own behalf

Gilbert McIntyreSelf-represented
1 appearance

On his own behalf

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

Respondent

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

Respondents

Jinan KubursiCounsel
1 appearance

Self-represented

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

The Applicant

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

The Intervenor

Victor YeeCounsel
1 appearance

The Respondent

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

Peikang DaiCounsel
1 appearance

757

Decisions

Years active

Tribunals

3.6

cases/mo

HRTO706(93%)

OCAT51(7%)

Decision types

motion

648

trial

109

/Adjudicator

Brian Cook — Member

Human Rights

Employment and Labour Law

Administrative Law

Other Tribunals

Real Estate Law

Workplace Safety and Insurance Law

Workers' Compensation

Landlord and Tenant

Health Law

ADR/Mediation Services

Brian Cook

Member·Condominium Authority Tribunal·Since 2008

OCAT HRTO

757

cases · 19 yrs · HRTO, OCAT

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 554Adjudicator· 63Vice-chair· 63Member· 51Vice-Chair· 14Adjudicator· 8Vice-Chair· 1

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 25, 2013

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

The applicant filed a human rights application against the respondents.

A hearing was scheduled, and the Notice of Hearing was delivered to the applicant's paralegal representative.

The applicant failed to attend the hearing.

The Tribunal was satisfied that the applicant had notice of the hearing and deemed the application abandoned.

The application was dismissed.

Ana Monteiro v. CSDC Systems Inc. and Dan Mishra, 2013 HRTO 1297

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 24, 2013

Reconsideration request denied as applicant merely restated previous arguments without establishing required grounds.

The applicant requested reconsideration of a previous decision that dismissed his human rights application for abuse of process due to his manner of communication.

Vizcaya v. UJA Federation of Greater Toronto, 2013 HRTO 1285

Graham Williamson

Practising Law - Employed10 cases2001–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 23, 2013

Human rights application dismissed for delay; pursuing internal union processes does not excuse late filing.

The applicant filed a human rights application alleging sex discrimination after a job offer for a union organizer position was rescinded in 2007.

The Tribunal issued a Notice of Intent to Dismiss because the application was filed in 2013, well beyond the one-year limitation period under section 34 of the Human Rights Code.

The applicant argued that her pursuit of internal union dispute resolution processes and a 2008 contact with the Ontario Human Rights Commission constituted a good faith explanation for the delay.

The Tribunal found no series of incidents and held that pursuing other legal avenues does not establish a good faith explanation for delay.

The application was dismissed.

Cameron v. I.B.E.W., Local 120, 2013 HRTO 1277

Ted Kovacs

29 cases1996–2016

Melissa Roth

7 cases2013–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 23, 2013

Tribunal defers remedy amendment request and retains two contested personal respondents pending the merits hearing.

The applicant in a human rights proceeding requested an order to amend the remedies sought, including directing monetary compensation to a charity and adding dispute resolution processes.

The respondents requested the removal of four named personal respondents.

The Tribunal deferred the remedy amendment request to the hearing adjudicator, finding it unnecessary to decide at the preliminary stage.

Two personal respondents were removed on consent, while the remaining two were retained as respondents, subject to reconsideration at the hearing.

Wales v. Toyota Motor Manufacturing Canada Inc., 2013 HRTO 1274

Stewart McMahon

73 cases2010–2022

Greg Bullen

50 cases2009–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 19, 2013

Human rights application deferred pending conclusion of related grievance proceeding.

The applicant filed a human rights application alleging discrimination with respect to employment because of disability.

The Tribunal issued a Notice of Intent to Defer because there were ongoing grievance proceedings before the Grievance Settlement Board related to the same issues and events.

The respondents supported deferral, and the applicant did not file submissions.

The Tribunal deferred the application pending the conclusion of the grievance proceeding, noting that arbitrators have the power and responsibility to deal with the Code in relation to grievances.

Gaunce v. Ontario (Community Safety and Correctional Services), 2013 HRTO 1258

Sarah Eves

In Private Practice7 cases2009–2016

Brian Cook

Tribunal orders disclosure of applicant's medical records to respondents subject to confidentiality conditions.

The respondents requested access to the applicant's medical records held by the hospital's Occupational Health and Safety Department and her WSIB file.

The applicant, who was self-represented, expressed a desire to keep her medical records confidential.

The Tribunal found that because the applicant had put her disability and the respondents' accommodation efforts in issue, the records were relevant.

Whitehurst v. Markham Stouville Hospital, 2013 HRTO 1239

Allan Freedman

3 cases2013–2014

Brian Cook

No remedy ordered for technical contravention of settlement where uncertified cheque was successfully cashed.

The Tribunal noted that while the failure to certify the cheque meant the settlement was not strictly adhered to, the applicant successfully cashed the cheque on the same day and the funds cleared.

Because the applicant had already received the money, the Tribunal concluded that no order was necessary to remedy the technical contravention.

Daniela Florencia v. A.C.E. Daycare Inc. (Concord) and Sofia Rom, 2013 HRTO 1238

Brian Cook

Practising Law - Employed37 cases1994–2024

Request for reconsideration denied as applicant provided no new determinative facts or evidence.

The applicant requested a reconsideration of a decision that dismissed her application due to delay and no reasonable prospect of success.

The Tribunal found that the applicant merely repeated arguments from the original hearing and provided no new determinative facts that could not have been obtained earlier.

The applicant's explanation regarding technical difficulties with the Tribunal's online forms did not provide a good faith explanation for the delay.

The request for reconsideration was denied.

Michele Van Bauwel v. Toronto Transit Commission, 2013 HRTO 1228

Wade Poziomka

55 cases2011–2017

Elizabeth Nurse

Brenda Bowlby

67 cases1984–2014

Brian Cook

Human rights application deferred pending resolution of ongoing grievance proceeding regarding the applicant's termination.

The applicant filed a human rights application against her former employer and two union locals.

Following her termination, a grievance was filed and an arbitrator was selected.

The Tribunal held a summary hearing to determine whether the application against the union locals should be dismissed for having no reasonable prospect of success.

All parties agreed the application should be deferred pending the grievance proceeding, but the union locals requested dismissal prior to deferral.

Marilyn O’Brien v. Halton Catholic District School Board, 2013 HRTO 1226

Brian Cook

Request for reconsideration dismissed as applicant failed to satisfy Rule 26.5 criteria.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed her human rights application under section 45.1 of the Human Rights Code.

Mirjana Georgievska v. Kingdom Hotels Limited o/a Four Seasons Hotel Toronto, 2013 HRTO 1225

Michele Wright

30 cases2008–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 10, 2013

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

The applicant filed a human rights application alleging discrimination by a court security officer.

A summary hearing was scheduled to determine if the application had a reasonable prospect of success.

The applicant failed to attend the telephone conference call hearing without explanation.

The Tribunal found the application was abandoned and dismissed it as an abuse of process.

Jayaraj v. Cannon, 2013 HRTO 1207

John Bartolomeo

Practising Law - Employed13 cases2009–2024

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 5, 2013

Tribunal declined to defer human rights application pending WSIB proceedings due to potential delay and jurisdictional limits.

The Tribunal issued a Notice of Intent to Defer pending the resolution of the concurrent WSIB claim.

Mehdi Yousefi v. Eugene Collision Limited, 2013 HRTO 1180

Kristin Taylor

22 cases1995–2018

Brian Cook

In Private Practice3 cases2013–2013

Application for workplace racial discrimination and harassment dismissed due to lack of corroborating evidence.

The applicant, a bilingual Collection Agent, alleged she was subjected to racial discrimination, harassment, and a poisoned work environment by her manager and co-workers, which forced her to resign.

The application was dismissed.

Halima Nuur v. Chubb Edwards a U.T.C. Fire, Security and Climate Company, 2013 HRTO 1148

Erica Cappello

Brian Cook

In Private Practice4 cases2012–2013

Summary dismissal denied as conflicting factual accounts of workplace discrimination required credibility assessments.

The applicant filed a human rights application alleging discrimination and harassment in employment based on sexual orientation, leading to her resignation.

The respondent denied the allegations and requested the application be dismissed at a summary hearing for having no reasonable prospect of success.

Morales v. Inquattro Fashion Group Corporation, 2013 HRTO 1140

Paul Rochford

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 28, 2013

Applicant declared a vexatious litigant due to persistent abusive conduct and repeated unsuccessful applications.

The respondents requested that the applicant be declared a vexatious litigant following the dismissal of his human rights application for abuse of process.

The applicant had a history of filing similar applications and engaging in abusive conduct towards respondents and the Tribunal.

The Tribunal applied the test for vexatious litigants and found that the applicant's persistent, inappropriate behaviour and repeated unsuccessful applications warranted the declaration.

The applicant was declared a vexatious litigant and must seek leave before filing future applications.

Vizcaya v. UJA Federation of Greater Toronto, 2013 HRTO 1142

Kate Dearden

Not Practising Law18 cases2012–2020

Brian Cook

Not Practising Law - Employed21 cases2009–2017

Tribunal allows amendment to add family status and refuses to dismiss application summarily.

The respondent requested the dismissal of the applicant's human rights application on the basis that it had no reasonable prospect of success.

The applicant, who alleged discrimination in employment based on disability, sought to amend her application to add family status as a ground of discrimination.

The Tribunal granted the request to amend, finding it did not significantly expand the scope of the issues and was made before document disclosure.

Loralie Bluett v. PwC Management Services LP, 2013 HRTO 1104

Stephen Maio

Brian Cook

Sex discrimination claim dismissed at summary hearing; disability claim regarding arrest accommodation allowed to proceed.

The applicant filed a human rights application alleging discrimination on the basis of sex and disability by the respondent police services during her arrest and detention.

The Tribunal held a summary hearing to determine if the application had no reasonable prospect of success.

Howell v. York Regional Police, 2013 HRTO 1095

Jessica Young

8 cases2012–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 19, 2013

Human rights application deferred pending the outcome of a concurrent WSIB appeal regarding the same facts.

The respondent sought to dismiss the application, arguing it was barred by a prior grievance settlement, or alternatively to defer it pending an ongoing WSIB appeal.

The Tribunal declined to dismiss the application, finding the grievance settlement did not address Code-related issues.

However, the Tribunal deferred the application pending the WSIB Appeals Resolution Officer's decision to avoid concurrent proceedings arising from the same factual history.

Simopoulos v. Sprint Insight Inc., 2013 HRTO 1092

David Whitten

6 cases2010–2016

Daniel Chodos

In Private Practice19 cases2010–2022

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 17, 2013

Summary dismissal denied; age discrimination application by 67-year-old security guard to proceed.

The applicant, a 67-year-old security guard, alleged age discrimination after being temporarily replaced at his desk by a younger supervisor during a building tour by prospective buyers.

The Tribunal held a summary hearing on its own initiative to determine if the Application had no reasonable prospect of success.

The applicant presented evidence that a supervisor had informed him the client requested his removal because he was 'old and short'.

The Tribunal concluded there was a reasonable prospect the applicant could prove his case and directed the respondent to file a Response.

Campbell v. Intercon Security Limited, 2013 HRTO 1069

Sara Graves

1 case2013–2013

Brian Cook