Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 7, 2013

Adjournment of telephone summary hearing denied despite applicant's mobility issues and lack of representation.

The applicant requested an adjournment of a summary hearing scheduled by telephone, citing physical injuries affecting her mobility and a lack of legal representation.

The respondent opposed the request.

The Tribunal denied the adjournment, noting that mobility issues would not affect participation in a telephone hearing and that seeking representation is not typically grounds for an adjournment.

Morales v. Inquattro Fashion Group Corporation, 2013 HRTO 1031

Brian Cook

In Private Practice7 cases2010–2022

Unopposed request by union to intervene in member's employment discrimination application granted.

The applicant alleged discrimination in employment on the basis of disability against the respondent police services board.

The applicant's bargaining agent filed an unopposed Request to Intervene.

The Tribunal granted the request, noting that unions typically have an interest in the outcome of applications involving a continuing employment relationship and may provide helpful input.

Margaret Dukes v. Woodstock Police Services Board, 2013 HRTO 971

Daniel Wong

Brian Cook

Request for reconsideration denied where applicant provided no explanation for failing to attend hearing.

The applicant requested reconsideration of a decision that dismissed his human rights application as abandoned after he failed to attend a scheduled telephone conference call hearing.

The request was filed more than 30 days after the decision and provided no explanation for his failure to participate in the hearing.

The Tribunal denied the request for reconsideration.

Deveaux v. Doral Holdings Limited, 2013 HRTO 967

Daniel Lublin

12 cases2012–2026

Brian Cook

Board members removed as personal respondents; Director remains; late document disclosure permitted due to lack of prejudice.

The respondents brought a Request for Order During Proceedings seeking to remove the personal respondents from the application and to bar the applicant from relying on documents disclosed two days late.

The Tribunal removed the members of the Board of Directors as personal respondents because the corporate respondent accepted liability and no specific allegations were made against them.

The Tribunal declined to remove the Director, as her alleged conduct was central to the discrimination claim.

The Tribunal also refused to bar the applicant's documents, finding the minor delay caused no prejudice.

Ledford v. Friendly Times Child Care Centre, 2013 HRTO 934

Brian Cook

Human rights application deferred on consent pending resolution of concurrent grievance and WSIB proceedings.

The respondent requested that the Tribunal defer further consideration of the human rights application pending the conclusion of a concurrent grievance procedure and a WSIB objection.

The applicant agreed to the deferral.

The Tribunal granted the request, noting its general practice to defer when there is a concurrent grievance because labour arbitrators have jurisdiction to apply the Human Rights Code.

The application was deferred pending the resolution of the grievance proceeding.

Shelley Courtney v. Caressant Care Nursing & Retirement Homes Limited, 2013 HRTO 928

Grant Bowers

34 cases1995–2014

Brian Cook

In Private Practice1 case2013–2013

Human rights application dismissed because applicant commenced a civil proceeding concerning the same matters.

The respondents requested the dismissal of the human rights application on the basis that the applicant had commenced a civil proceeding in court concerning the same matters.

The Tribunal found that the allegations in the Statement of Claim were substantially the same as those in the application.

Pursuant to section 34(11) of the Human Rights Code, which prohibits an application if a civil proceeding has been commenced with respect to the same matters, the application was dismissed.

E.R. v. Toronto District School Board, 2013 HRTO 926

Stuart O’Connell

Eugene Bhattacharya

4 cases2007–2022

Brian Cook

Human rights application deferred pending conclusion of related criminal proceedings against the respondent.

The respondent requested that the Tribunal defer consideration of the human rights application pending the conclusion of criminal proceedings against him.

The respondent argued that the criminal charges arose from the same factual allegations as the application.

The applicant opposed the deferral.

The Tribunal granted the request, finding that deferral was appropriate to protect the respondent's right to remain silent in the criminal proceeding and to avoid inconsistent findings of fact.

Banwait v. Tranter, 2013 HRTO 920

Brian Cook

Human rights application deferred pending conclusion of related union grievance; union granted intervenor status.

The applicant filed a human rights application against her employer.

Both the respondent employer and the applicant's union advised the Tribunal of an ongoing grievance procedure relevant to the issues raised in the application.

The respondent requested that the Tribunal defer the application, and the union requested intervenor status.

The Tribunal granted the deferral pending the conclusion of the grievance procedure and granted the union's request to intervene.

Sonya Estrela v. Maplewood Nursing Homes Ltd. o/a Cedarwood Village, 2013 HRTO 917

Brian Cook

Human rights application dismissed for delay and lack of jurisdiction.

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

The Tribunal noted that almost all events described occurred more than one year before the application was filed, and the allegations did not appear to fall within the Tribunal's jurisdiction.

The applicant failed to provide a good faith explanation for the delay or establish that the events were part of a series.

The Tribunal dismissed the application as it was filed outside the one-year limitation period and lacked jurisdiction over the timely allegations.

Banbury v. Kingston Family YMCA, 2013 HRTO 914

Brian Cook

Human rights application against police dismissed for lack of jurisdiction over general police conduct.

The applicant filed an application alleging that police officers visited his home based on incorrect information and subsequently withheld evidence and spoke to his family without consent.

The Tribunal issued a Notice of Intent to Dismiss.

After reviewing the applicant's submissions, the Tribunal dismissed the application, finding it lacked jurisdiction to review general police conduct or deal with allegations outside the specific grounds of discrimination set out in the Human Rights Code.

Banbury v. Kingston Police Force, 2013 HRTO 913

Kristin Taylor

22 cases1995–2018

Brian Cook

Human rights application dismissed as an abuse of process after applicant repeatedly failed to attend hearings.

The applicant failed to attend multiple scheduled hearing dates, citing health issues, but failed to provide the required medical documentation or clarification as directed by the Tribunal.

After confirming attendance for a subsequent hearing date and again failing to appear without providing details, the Tribunal dismissed the Application as an abuse of process.

Jose Kaseba v. Chubb Edwards a U.T.C. Fire, Security and Climate Control Company, 2013 HRTO 912

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 21, 2013

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

The applicant filed an application alleging discrimination and reprisal in employment on the basis of disability.

The Tribunal issued a Notice of Intention to Dismiss because the application appeared to be outside its jurisdiction.

After granting multiple extensions of time for the applicant to file submissions, the applicant requested the matter be put on hold to file a statement of claim.

The Tribunal refused an indefinite hold and set a final deadline.

When the applicant failed to communicate further, the Tribunal dismissed the application as abandoned.

Neathly v. University Health Network, 2013 HRTO 868

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 17, 2013

Human rights application deferred pending WSIB appeal decision on suitability of accommodated position.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, specifically a failure to accommodate.

The respondent requested that the application be deferred pending a decision by the Workplace Safety and Insurance Board (WSIB) Appeals Resolution Officer regarding the suitability of a Player Services Representative position offered to the applicant.

The Tribunal found that the WSIB proceedings were intricately involved in the return to work and accommodation process and deferred the application pending the WSIB appeal decision.

Sheri Jalava v. Ontario Lottery and Gaming Corporation, 2013 HRTO 860

Brian Cook

Tribunal schedules hearing to consider dismissing application for abuse of process after applicant missed conference call.

The applicant failed to participate in a scheduled telephone conference call hearing and subsequently requested a lengthy adjournment, citing mental health issues and caregiving responsibilities.

The Tribunal found the applicant's explanation and supporting medical documentation inadequate.

The Tribunal scheduled a further half-day telephone conference call hearing to determine whether the application should be dismissed as an abuse of process.

Antonia Balloi v. Humber College Institute of Technology and Advanced Learning, 2013 HRTO 845

Donald Bayne

1 case2013–2013

Brian Cook

In Private Practice21 cases2007–2017

Reconsideration granted where applicant's failure to respond was due to representative's failure to communicate.

The applicant sought reconsideration of a decision dismissing his human rights applications as abandoned.

The applications were dismissed after the applicant failed to file hearing documents and did not respond to a Case Assessment Direction.

The applicant argued he did not intend to abandon the applications, explaining that his paralegal representative had ceased acting for him without notifying the Tribunal, and that he had not received the Tribunal's communications.

The Tribunal granted the reconsideration request, finding that the applicant likely relied to his detriment on his representative and did not intend to abandon the proceeding, as evidenced by his attendance at the Tribunal on the scheduled hearing date.

Trevors v. Homestead Land Holdings Limited, 2013 HRTO 827

Laurie Kent

Kevin Coon

Suspended Administratively7 cases1991–2013

Jeremy Hann

In Private Practice16 cases2009–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 15, 2013

Human rights application dismissed under s. 45.1 because a grievance arbitrator previously dealt with the discrimination allegations.

The applicant filed a human rights application alleging discrimination on the basis of disability after she was not selected for a position at a newly opened hotel.

The respondent requested that the application be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the application had already been dealt with in a grievance arbitration process.

The Tribunal found that the reviewer in the grievance process acted as an arbitrator under the Labour Relations Act and had jurisdiction to apply the Code.

Because the arbitrator had considered and dismissed the applicant's discrimination allegations, the Tribunal concluded that the substance of the application had been appropriately dealt with and dismissed the application.

Mirjana Georgievska v. Kingdom Hotels Limited o/a Four Seasons Hotel Toronto, 2013 HRTO 818

Angela Rae

34 cases1990–2023

Brian Cook

Human rights application dismissed as out of time with no good faith explanation for delay.

The applicant filed a human rights application alleging discrimination and reprisal in the workplace.

The Tribunal held a preliminary hearing to determine if the application was filed within the one-year limitation period under section 34 of the Human Rights Code.

The Tribunal found that no alleged incidents of discrimination or reprisal occurred within one year of the application's filing date.

Furthermore, the Tribunal concluded that the applicant failed to provide a good faith explanation for the delay.

Consequently, the application was dismissed as out of time.

Michele Van Bauwel v. Toronto Transit Commission, 2013 HRTO 801

Gurlal Kler

7 cases2013–2026

Andy Pushalik

13 cases2010–2021

Brian Cook

HR consultant's discriminatory communication regarding job application status warrants $5,000 in human rights damages.

The applicant, a 60-year-old lawyer, alleged age discrimination after he was not interviewed for a legal writer position with the respondent.

The Tribunal found that the primary hiring manager did not discriminate, as her concerns were based on the applicant's incomplete resume and lack of explanation for seeking a major career change.

However, the Tribunal found that an external HR consultant's communications to the applicant, which falsely stated he was rejected because the company was seeking more junior candidates, were tainted by age discrimination.

This deprived the applicant of the opportunity to follow up on his application.

The Tribunal awarded $5,000 for injury to dignity, feelings, and self-respect.

Peter Reiss v. CCH Canadian Limited, 2013 HRTO 764

Peigi Ross

21 cases1995–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 8, 2013

Human rights application dismissed at summary hearing for having no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination in employment on the basis of race, ancestry, place of origin, and record of offences, following the termination of her employment at a daycare.

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

The applicant alleged unfair treatment regarding scheduling and lesson planning, and cited two discriminatory comments made by a co-worker.

The Tribunal found that the overriding issues were interpersonal conflicts unrelated to Code-protected grounds, and that the employer was not made aware of the co-worker's comments.

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

Akther v. Lord Dufferin Community Daycare, 2013 HRTO 768

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

Osborne Barnwell

24 cases2000–2025

David Gourlay

Practising Law - Employed34 cases2010–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 11, 2013

Human rights application alleging discriminatory parking enforcement and racist comments dismissed for lack of credible evidence.

The Tribunal found that the applicant's evidence regarding the alleged racist comments and discriminatory ticketing was not credible or in harmony with the preponderance of probabilities.

The application was dismissed as the applicant failed to prove discrimination under the Human Rights Code.

Adani v. Toronto Police Services Board, 2013 HRTO 1036

Erica Cappello

In Private Practice3 cases2013–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 7, 2013

Adjournment of telephone summary hearing denied despite applicant's mobility issues and lack of representation.

The applicant requested an adjournment of a summary hearing scheduled by telephone, citing physical injuries affecting her mobility and a lack of legal representation.

The respondent opposed the request.

The Tribunal denied the adjournment, noting that mobility issues would not affect participation in a telephone hearing and that seeking representation is not typically grounds for an adjournment.

Morales v. Inquattro Fashion Group Corporation, 2013 HRTO 1031

Brian Cook

In Private Practice7 cases2010–2022

Unopposed request by union to intervene in member's employment discrimination application granted.

The applicant alleged discrimination in employment on the basis of disability against the respondent police services board.

The applicant's bargaining agent filed an unopposed Request to Intervene.

The Tribunal granted the request, noting that unions typically have an interest in the outcome of applications involving a continuing employment relationship and may provide helpful input.

Margaret Dukes v. Woodstock Police Services Board, 2013 HRTO 971

Daniel Wong

Brian Cook

Request for reconsideration denied where applicant provided no explanation for failing to attend hearing.

The applicant requested reconsideration of a decision that dismissed his human rights application as abandoned after he failed to attend a scheduled telephone conference call hearing.

The request was filed more than 30 days after the decision and provided no explanation for his failure to participate in the hearing.

The Tribunal denied the request for reconsideration.

Deveaux v. Doral Holdings Limited, 2013 HRTO 967

Daniel Lublin

12 cases2012–2026

Brian Cook

Board members removed as personal respondents; Director remains; late document disclosure permitted due to lack of prejudice.

The Tribunal removed the members of the Board of Directors as personal respondents because the corporate respondent accepted liability and no specific allegations were made against them.

The Tribunal declined to remove the Director, as her alleged conduct was central to the discrimination claim.

The Tribunal also refused to bar the applicant's documents, finding the minor delay caused no prejudice.

Ledford v. Friendly Times Child Care Centre, 2013 HRTO 934

Brian Cook

Human rights application deferred on consent pending resolution of concurrent grievance and WSIB proceedings.

The respondent requested that the Tribunal defer further consideration of the human rights application pending the conclusion of a concurrent grievance procedure and a WSIB objection.

The applicant agreed to the deferral.

The Tribunal granted the request, noting its general practice to defer when there is a concurrent grievance because labour arbitrators have jurisdiction to apply the Human Rights Code.

The application was deferred pending the resolution of the grievance proceeding.

Shelley Courtney v. Caressant Care Nursing & Retirement Homes Limited, 2013 HRTO 928

Grant Bowers

34 cases1995–2014

Brian Cook

In Private Practice1 case2013–2013

Human rights application dismissed because applicant commenced a civil proceeding concerning the same matters.

The respondents requested the dismissal of the human rights application on the basis that the applicant had commenced a civil proceeding in court concerning the same matters.

The Tribunal found that the allegations in the Statement of Claim were substantially the same as those in the application.

Pursuant to section 34(11) of the Human Rights Code, which prohibits an application if a civil proceeding has been commenced with respect to the same matters, the application was dismissed.

E.R. v. Toronto District School Board, 2013 HRTO 926

Stuart O’Connell

Eugene Bhattacharya

4 cases2007–2022

Brian Cook

Human rights application deferred pending conclusion of related criminal proceedings against the respondent.

The respondent requested that the Tribunal defer consideration of the human rights application pending the conclusion of criminal proceedings against him.

The respondent argued that the criminal charges arose from the same factual allegations as the application.

The applicant opposed the deferral.

The Tribunal granted the request, finding that deferral was appropriate to protect the respondent's right to remain silent in the criminal proceeding and to avoid inconsistent findings of fact.

Banwait v. Tranter, 2013 HRTO 920

Brian Cook

Human rights application deferred pending conclusion of related union grievance; union granted intervenor status.

The applicant filed a human rights application against her employer.

Both the respondent employer and the applicant's union advised the Tribunal of an ongoing grievance procedure relevant to the issues raised in the application.

The respondent requested that the Tribunal defer the application, and the union requested intervenor status.

The Tribunal granted the deferral pending the conclusion of the grievance procedure and granted the union's request to intervene.

Sonya Estrela v. Maplewood Nursing Homes Ltd. o/a Cedarwood Village, 2013 HRTO 917

Brian Cook

Human rights application dismissed for delay and lack of jurisdiction.

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

The Tribunal noted that almost all events described occurred more than one year before the application was filed, and the allegations did not appear to fall within the Tribunal's jurisdiction.

The applicant failed to provide a good faith explanation for the delay or establish that the events were part of a series.

The Tribunal dismissed the application as it was filed outside the one-year limitation period and lacked jurisdiction over the timely allegations.

Banbury v. Kingston Family YMCA, 2013 HRTO 914

Brian Cook

Human rights application against police dismissed for lack of jurisdiction over general police conduct.

The applicant filed an application alleging that police officers visited his home based on incorrect information and subsequently withheld evidence and spoke to his family without consent.

The Tribunal issued a Notice of Intent to Dismiss.

Banbury v. Kingston Police Force, 2013 HRTO 913

Kristin Taylor

22 cases1995–2018

Brian Cook

Human rights application dismissed as an abuse of process after applicant repeatedly failed to attend hearings.

The applicant failed to attend multiple scheduled hearing dates, citing health issues, but failed to provide the required medical documentation or clarification as directed by the Tribunal.

After confirming attendance for a subsequent hearing date and again failing to appear without providing details, the Tribunal dismissed the Application as an abuse of process.

Jose Kaseba v. Chubb Edwards a U.T.C. Fire, Security and Climate Control Company, 2013 HRTO 912

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 21, 2013

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

The applicant filed an application alleging discrimination and reprisal in employment on the basis of disability.

The Tribunal issued a Notice of Intention to Dismiss because the application appeared to be outside its jurisdiction.

After granting multiple extensions of time for the applicant to file submissions, the applicant requested the matter be put on hold to file a statement of claim.

The Tribunal refused an indefinite hold and set a final deadline.

When the applicant failed to communicate further, the Tribunal dismissed the application as abandoned.

Neathly v. University Health Network, 2013 HRTO 868

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 17, 2013

Human rights application deferred pending WSIB appeal decision on suitability of accommodated position.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, specifically a failure to accommodate.

The Tribunal found that the WSIB proceedings were intricately involved in the return to work and accommodation process and deferred the application pending the WSIB appeal decision.

Sheri Jalava v. Ontario Lottery and Gaming Corporation, 2013 HRTO 860

Brian Cook

Tribunal schedules hearing to consider dismissing application for abuse of process after applicant missed conference call.

The applicant failed to participate in a scheduled telephone conference call hearing and subsequently requested a lengthy adjournment, citing mental health issues and caregiving responsibilities.

The Tribunal found the applicant's explanation and supporting medical documentation inadequate.

The Tribunal scheduled a further half-day telephone conference call hearing to determine whether the application should be dismissed as an abuse of process.

Antonia Balloi v. Humber College Institute of Technology and Advanced Learning, 2013 HRTO 845

Donald Bayne

1 case2013–2013

Brian Cook

In Private Practice21 cases2007–2017

Reconsideration granted where applicant's failure to respond was due to representative's failure to communicate.

The applicant sought reconsideration of a decision dismissing his human rights applications as abandoned.

The applications were dismissed after the applicant failed to file hearing documents and did not respond to a Case Assessment Direction.

Trevors v. Homestead Land Holdings Limited, 2013 HRTO 827

Laurie Kent

Kevin Coon

Suspended Administratively7 cases1991–2013

Jeremy Hann

In Private Practice16 cases2009–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 15, 2013

Human rights application dismissed under s. 45.1 because a grievance arbitrator previously dealt with the discrimination allegations.

The applicant filed a human rights application alleging discrimination on the basis of disability after she was not selected for a position at a newly opened hotel.

The Tribunal found that the reviewer in the grievance process acted as an arbitrator under the Labour Relations Act and had jurisdiction to apply the Code.

Mirjana Georgievska v. Kingdom Hotels Limited o/a Four Seasons Hotel Toronto, 2013 HRTO 818

Angela Rae

34 cases1990–2023

Brian Cook

Human rights application dismissed as out of time with no good faith explanation for delay.

The applicant filed a human rights application alleging discrimination and reprisal in the workplace.

The Tribunal held a preliminary hearing to determine if the application was filed within the one-year limitation period under section 34 of the Human Rights Code.

The Tribunal found that no alleged incidents of discrimination or reprisal occurred within one year of the application's filing date.

Furthermore, the Tribunal concluded that the applicant failed to provide a good faith explanation for the delay.

Consequently, the application was dismissed as out of time.

Michele Van Bauwel v. Toronto Transit Commission, 2013 HRTO 801

Gurlal Kler

7 cases2013–2026

Andy Pushalik

13 cases2010–2021

Brian Cook

HR consultant's discriminatory communication regarding job application status warrants $5,000 in human rights damages.

The applicant, a 60-year-old lawyer, alleged age discrimination after he was not interviewed for a legal writer position with the respondent.

The Tribunal found that the primary hiring manager did not discriminate, as her concerns were based on the applicant's incomplete resume and lack of explanation for seeking a major career change.

This deprived the applicant of the opportunity to follow up on his application.

The Tribunal awarded $5,000 for injury to dignity, feelings, and self-respect.

Peter Reiss v. CCH Canadian Limited, 2013 HRTO 764

Peigi Ross

21 cases1995–2015

Brian Cook