Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 17, 2012

Application dismissed as an abuse of process and applicant designated a vexatious litigant for repeated filings.

The applicant filed a fifth human rights application against the respondent church and fifty personal respondents, raising the same allegations of discrimination that had been dismissed in four previous applications.

The Tribunal convened a summary hearing on its own motion to determine whether the application should be dismissed as an abuse of process and whether the applicant should be designated a vexatious litigant.

The Tribunal dismissed the application under section 45.1 of the Human Rights Code, finding it was an attempt to relitigate matters already determined.

Applying the factors for vexatious litigants, the Tribunal noted the applicant's history of filing identical applications, naming increasing numbers of personal respondents, and sending over 1,400 repetitive emails to church members.

The Tribunal designated the applicant a vexatious litigant and ordered that he may not commence further applications against the respondents without leave of the Tribunal.

Peikang Dai v. Presbyterian Church in Canada et al., 2012 HRTO 1975

Daniel Revington

Not Practising Law2 cases2008–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 12, 2012

Human rights application reactivated and scheduled for a summary hearing on reasonable prospect of success.

The applicant requested to reactivate her human rights application against the Workplace Safety and Insurance Appeals Tribunal (WSIAT), which had been deferred pending a reconsideration decision by WSIAT.

The only remaining issue was whether WSIAT discriminated against the applicant on the basis of family status by failing to offer funding for child care so she could attend a hearing.

The Tribunal granted the request to reactivate the application but directed that a summary hearing be scheduled to determine whether the application has a reasonable prospect of success.

Guydos v. Workplace Safety and Insurance Appeals Tribunal, 2012 HRTO 1944

Brian Cook

Practising Law - Employed13 cases2005–2013

Human rights application deferred pending the resolution of related ongoing workplace grievances.

The applicant filed an application alleging discrimination with respect to employment because of disability, specifically a failure to accommodate.

The Tribunal issued a Notice of Intent to Defer because there were multiple ongoing grievances and other proceedings involving substantially the same facts.

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

The Tribunal found that deferral was fair and just to avoid parallel proceedings, and deferred the application pending the resolution of the related grievances.

Bradshaw v. Complex Services Inc., 2012 HRTO 1918

Marnie Bacher

Brian Cook

Human rights applications deferred pending resolution of related provincial offences proceedings arising from the same traffic stop.

The applicants alleged discrimination on the basis of sexual orientation and disability during a traffic stop.

The respondent police officers had issued summonses under the Highway Traffic Act and the Compulsory Automobile Insurance Act during the stop, which were currently before the Court.

The respondents requested that the Tribunal defer the human rights applications until the Court proceedings were resolved.

The Tribunal granted the request, finding it inappropriate to proceed with a hearing that would require making factual findings about matters currently before the Courts.

Boyce v. Ontario (Community Safety and Correctional Services), 2012 HRTO 1917

Brian Cook

Tribunal dismisses claims against judge and prosecutor based on immunity; orders summary hearing for security officer.

The applicant filed a human rights application alleging discrimination based on race, colour, and place of origin against a Justice of the Peace, a public prosecutor, and a court security officer following an incident at a courthouse.

The Tribunal dismissed the application against the Justice of the Peace and the public prosecutor on the basis of judicial and prosecutorial immunity.

The Tribunal directed a summary hearing to determine whether the application against the court security officer has a reasonable prospect of success.

Jayaraj v. Connan, 2012 HRTO 1894

Brian Cook

Employer ordered to pay $2,000 for terminating pregnant employee who missed shift due to medical reasons.

The applicant alleged discrimination in employment on the basis of sex and pregnancy after she was terminated from her job at a sandwich shop.

The applicant had experienced pregnancy-related medical issues and texted the owner's daughter that her doctor advised her to stop working immediately.

The owner, unaware of the text, terminated the applicant for failing to show up for her scheduled shift.

The Tribunal found that the applicant reasonably believed she had informed her employer of her medical absence, and that the termination was discriminatory as it was connected to her pregnancy.

The Tribunal awarded $2,000 for injury to dignity, feelings, and self-respect, noting the applicant suffered no lost wages as she was medically unable to work.

Chowdhury v. 2023628 Ontario Inc. o/a Quizno’s Sub, 2012 HRTO 1892

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 27, 2012

Hearing adjourned due to personal respondent's military duty; applicant's bias complaint previously addressed.

The respondents requested an adjournment of a scheduled hearing because the personal respondent was required to report for military duty.

The applicant opposed the request and raised an outstanding complaint of bias against the adjudicator.

The Tribunal noted that the bias complaint had already been addressed and denied in a previous interim decision.

Finding the respondents' reasons valid and unlikely to cause undue delay, the Tribunal granted the adjournment and directed the parties to provide mutually agreeable dates for rescheduling.

Vizcaya v. UJA Federation of Greater Toronto, 2012 HRTO 1846

Motion to remove respondents and defer application pending WSIB proceeding dismissed.

The respondents requested the removal of certain corporate and personal respondents from a human rights application alleging discrimination on the basis of disability, family status, and reprisal.

The respondents also requested that the application be deferred pending a WSIB proceeding.

The Tribunal removed three corporate respondents on consent but declined to remove the remaining corporate and personal respondents, finding that complex issues of fact and law regarding corporate liability following an asset sale should not be determined at a preliminary stage.

The Tribunal also denied the deferral request, noting there was no active WSIB proceeding and a WSIB decision would not resolve the human rights issues.

George v. Tinnerman Palnut Engineered Products (Canada), 2012 HRTO 1845

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 25, 2012

Employer's request to summarily dismiss former nurse's racial discrimination application denied.

The applicant, a former nurse at a senior's residence, filed an application alleging her employment was terminated because of her race and colour.

The respondent employer requested a summary hearing to dismiss the application, arguing the termination was solely due to performance issues.

The Tribunal held a summary hearing and concluded that the application had a reasonable prospect of success.

The request to dismiss the application was denied, and the matter will proceed.

Jacqueline Morris v. Amica Lifestyle and Amica Mature Lifestyles, 2012 HRTO 1825

Laura Cassiani

Practising Law - Employed17 cases2008–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 20, 2012

Human rights application deferred on consent pending conclusion of parallel OLRB proceeding.

The applicant requested that a scheduled summary hearing be adjourned sine die, and the respondents requested that the application be deferred pending the conclusion of a parallel proceeding before the Ontario Labour Relations Board (OLRB).

The applicant consented to the deferral.

The applicant also alleged bias and requested the appointment of an independent board or person to hear the application.

The Tribunal deferred the application pending the OLRB proceeding and noted it has no authority to appoint another board or person to decide applications under the Code.

Juan Reyes v. LifeMark Health Management Inc., 2012 HRTO 1798

Shane Todd

In Private Practice1 case2012–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 19, 2012

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

The applicant alleged that her employment was terminated because she disclosed her same-sex relationship to a co-worker.

The respondent requested a summary hearing, asserting that the applicant was terminated for removing samples and testers from the store, which was caught on surveillance, and that the decision-makers had no knowledge of her sexual orientation.

The applicant failed to attend the summary hearing.

The Tribunal proceeded in her absence and dismissed the application, finding no reasonable prospect of success given the complete non-discriminatory reason for termination.

Jamie Huenemoerder v. Sears Canada Inc., 2012 HRTO 1771

Jinan Kubursi

30 cases2001–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 18, 2012

Tribunal awards $7,000 for injury to dignity after manager's comments encouraged older employee to retire.

The applicant sought a remedy following a finding that she experienced age discrimination in employment when her manager made comments encouraging her to retire.

The applicant sought $20,000 for injury to dignity, feelings and self-respect, while the respondents suggested an award between $1,500 and $7,500.

The Tribunal awarded $7,000, finding that while the objective seriousness of the conduct was at the low end, the comments had a greater impact on the applicant due to her overall circumstances.

The Tribunal also denied the respondents' request to remove the personal respondents from the style of cause, though it clarified that the corporate respondent was solely liable for the monetary compensation.

Deane v. Ontario (Community Safety and Correctional Services), 2012 HRTO 1753

Samantha Hayward

Practising Law - Employed1 case2012–2012

Allison Taylor

28 cases2001–2026

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 13, 2012

Application allowed to proceed; not plain and obvious that delay lacked good faith explanation.

The applicant filed a human rights application alleging discrimination based on sex and pregnancy following the termination of her employment.

The application was filed more than one year after the termination.

The respondent requested the application be dismissed for delay.

The applicant explained the delay was due to initially filing with the Canadian Human Rights Commission, which later determined it lacked jurisdiction.

The Tribunal found it was not plain and obvious that the application lacked a good faith explanation for the delay and allowed the application to proceed.

Gibbs v. Canadian Wireless Communications Inc., 2012 HRTO 1732

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 10, 2012

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed a human rights application that appeared to be outside the one-year limitation period under section 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss, requiring the applicant to file written submissions.

The applicant failed to respond to the Notice.

Consequently, the Tribunal found that the applicant had abandoned the application and dismissed it on that basis.

Smith v. Georgian College, 2012 HRTO 1706

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 7, 2012

Human rights application dismissed as abandoned after applicant failed to respond to Case Assessment Direction.

The applicant failed to respond to a Case Assessment Direction requiring him to confirm his intention to participate in the scheduled hearing.

As a result, the Human Rights Tribunal of Ontario cancelled the hearing and dismissed the application as abandoned.

John Foisy v. Cranky Joe’s Roadhouse and Vic Perria, 2012 HRTO 1692

Norman Feaver

Practising Law - Employed3 cases2012–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 6, 2012

Tribunal ruled prior and subsequent incidents relevant and directed applicant to clarify related legal proceedings.

The applicant filed a human rights application alleging discrimination by the respondent between 2007 and 2010.

During a case management conference, the Tribunal considered the relevance of prior incidents and a subsequent incident from May 2012.

The Tribunal found both the prior and subsequent incidents to be relevant to the application.

Noting that the applicant had retained counsel regarding the May 2012 incident, the Tribunal directed the applicant to clarify the status of any related legal proceedings and whether they intended to amend the application, which could lead to a deferral of the Tribunal proceedings.

Trevor Malcolm v. Ministry of Community Safety and Correctional Service, 2012 HRTO 1688

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 27, 2012

Human rights application dismissed for failure to reactivate within the required time limit after deferral.

The applicant sought to reactivate his human rights application more than a year after the conclusion of a related Employment Standards Act proceeding.

The Tribunal's rules require a reactivation request within 60 days.

The applicant blamed his former paralegal for the initial delay, but failed to explain why he waited over a year to file the request after learning of the omission.

The Tribunal found no good reason to extend the time limit and dismissed the application.

Mullings v. Global Alliance Worldwide Chauffeured Services Ltd., 2012 HRTO 1628

Osborne Barnwell

24 cases2000–2025

David Gourlay

Practising Law - Employed34 cases2010–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 23, 2012

Human rights application partially dismissed for delay regarding older parking ticket allegations.

The applicant, a restaurant owner of Somali origin, alleged that a parking enforcement officer targeted him and his patrons by issuing parking tickets and making racist comments.

The respondents requested that the application be dismissed because many of the allegations related to events that occurred more than a year before the application was filed.

The Tribunal dismissed the allegations relating to the period from 2002 to 2005, finding they were not part of a series of incidents with the later events and that there was no good faith explanation for the delay.

The Tribunal ordered a half-day oral hearing to hear evidence regarding the alleged discriminatory comments made in 2009 and 2010.

Adani v. Toronto Police Services Board, 2012 HRTO 1614

Evan Van Dyk

Practising Law - Employed8 cases2010–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 14, 2012

Human rights application dismissed as employee failed to adequately communicate her specific scent accommodation needs.

The applicant, who has a scent sensitivity, alleged that the respondent call centre failed to accommodate her disability by not enforcing its fragrance-free policy during her three-day training period.

The Tribunal found that while the respondent attempted some accommodation measures, the applicant failed to clearly communicate that she required an environment free of scents undetectable to others, and instead abruptly left the workplace.

The Tribunal dismissed the application, holding that the applicant did not fulfill her concomitant duty to facilitate the accommodation process by accurately identifying her needs and explaining why the attempted solutions were inadequate.

Susan Kovios v. Inteleservices Canada Inc., 2012 HRTO 1570

John Paul Alexandrowicz

1 case2012–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 9, 2012

Tribunal removes personal respondent, grants adjournment, and defers medical disclosure and audio admissibility issues.

In an interim decision regarding a human rights application alleging failure to accommodate a disability, the Tribunal addressed several procedural requests.

The Tribunal granted the organizational respondent's request to remove the personal respondent, finding no compelling reason to continue against her as the school board accepted full liability.

The Tribunal also granted a short adjournment of the hearing dates due to the unavailability of the respondent's counsel.

The respondent's request for extensive disclosure of the applicant's medical records was denied at this stage, with the Tribunal deferring the issue until after the applicant's evidence is heard.

The admissibility of audio recordings made by the applicant was similarly deferred to the hearing.

Daniel Parsons v. Simcoe County District School Board, 2012 HRTO 1542

Applicant

Mary FerrariSelf-represented
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David VizcayaSelf-represented
2 appearances
Angela PapanicolopoulouSelf-represented
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Mario BanaagSelf-represented
1 appearance
Hina LiaqatSelf-represented
1 appearance
Michael NgSelf-represented
1 appearance
Shihab TahaSelf-represented
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Kenneth MuiSelf-represented
1 appearance
Lilie YingSelf-represented
1 appearance
Michele Van BauwelSelf-represented
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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
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Sherifat OgunyeSelf-represented
1 appearance
David CurtisSelf-represented
1 appearance
John McLeodSelf-represented
1 appearance
Carlton GerrickSelf-represented
1 appearance

counsel

Justin McLartyCounsel
1 appearance

Counsel

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1 appearance
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1 appearance
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George VuicicCounsel
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1 appearance
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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

David Elenbaas

10 cases1985–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 17, 2012

Application dismissed as an abuse of process and applicant designated a vexatious litigant for repeated filings.

The Tribunal dismissed the application under section 45.1 of the Human Rights Code, finding it was an attempt to relitigate matters already determined.

The Tribunal designated the applicant a vexatious litigant and ordered that he may not commence further applications against the respondents without leave of the Tribunal.

Peikang Dai v. Presbyterian Church in Canada et al., 2012 HRTO 1975

Daniel Revington

Not Practising Law2 cases2008–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 12, 2012

Human rights application reactivated and scheduled for a summary hearing on reasonable prospect of success.

The only remaining issue was whether WSIAT discriminated against the applicant on the basis of family status by failing to offer funding for child care so she could attend a hearing.

The Tribunal granted the request to reactivate the application but directed that a summary hearing be scheduled to determine whether the application has a reasonable prospect of success.

Guydos v. Workplace Safety and Insurance Appeals Tribunal, 2012 HRTO 1944

Brian Cook

Practising Law - Employed13 cases2005–2013

Human rights application deferred pending the resolution of related ongoing workplace grievances.

The applicant filed an application alleging discrimination with respect to employment because of disability, specifically a failure to accommodate.

The Tribunal issued a Notice of Intent to Defer because there were multiple ongoing grievances and other proceedings involving substantially the same facts.

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

The Tribunal found that deferral was fair and just to avoid parallel proceedings, and deferred the application pending the resolution of the related grievances.

Bradshaw v. Complex Services Inc., 2012 HRTO 1918

Marnie Bacher

Brian Cook

Human rights applications deferred pending resolution of related provincial offences proceedings arising from the same traffic stop.

The applicants alleged discrimination on the basis of sexual orientation and disability during a traffic stop.

The respondent police officers had issued summonses under the Highway Traffic Act and the Compulsory Automobile Insurance Act during the stop, which were currently before the Court.

The respondents requested that the Tribunal defer the human rights applications until the Court proceedings were resolved.

The Tribunal granted the request, finding it inappropriate to proceed with a hearing that would require making factual findings about matters currently before the Courts.

Boyce v. Ontario (Community Safety and Correctional Services), 2012 HRTO 1917

Brian Cook

Tribunal dismisses claims against judge and prosecutor based on immunity; orders summary hearing for security officer.

The Tribunal dismissed the application against the Justice of the Peace and the public prosecutor on the basis of judicial and prosecutorial immunity.

The Tribunal directed a summary hearing to determine whether the application against the court security officer has a reasonable prospect of success.

Jayaraj v. Connan, 2012 HRTO 1894

Brian Cook

Employer ordered to pay $2,000 for terminating pregnant employee who missed shift due to medical reasons.

The applicant alleged discrimination in employment on the basis of sex and pregnancy after she was terminated from her job at a sandwich shop.

The applicant had experienced pregnancy-related medical issues and texted the owner's daughter that her doctor advised her to stop working immediately.

The owner, unaware of the text, terminated the applicant for failing to show up for her scheduled shift.

The Tribunal found that the applicant reasonably believed she had informed her employer of her medical absence, and that the termination was discriminatory as it was connected to her pregnancy.

The Tribunal awarded $2,000 for injury to dignity, feelings, and self-respect, noting the applicant suffered no lost wages as she was medically unable to work.

Chowdhury v. 2023628 Ontario Inc. o/a Quizno’s Sub, 2012 HRTO 1892

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 27, 2012

Hearing adjourned due to personal respondent's military duty; applicant's bias complaint previously addressed.

The respondents requested an adjournment of a scheduled hearing because the personal respondent was required to report for military duty.

The applicant opposed the request and raised an outstanding complaint of bias against the adjudicator.

The Tribunal noted that the bias complaint had already been addressed and denied in a previous interim decision.

Finding the respondents' reasons valid and unlikely to cause undue delay, the Tribunal granted the adjournment and directed the parties to provide mutually agreeable dates for rescheduling.

Vizcaya v. UJA Federation of Greater Toronto, 2012 HRTO 1846

Richard Nixon

24 cases1983–2026

Erin Hollock

1 case2012–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 27, 2012

Motion to remove respondents and defer application pending WSIB proceeding dismissed.

The respondents requested the removal of certain corporate and personal respondents from a human rights application alleging discrimination on the basis of disability, family status, and reprisal.

The respondents also requested that the application be deferred pending a WSIB proceeding.

The Tribunal also denied the deferral request, noting there was no active WSIB proceeding and a WSIB decision would not resolve the human rights issues.

George v. Tinnerman Palnut Engineered Products (Canada), 2012 HRTO 1845

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 25, 2012

Employer's request to summarily dismiss former nurse's racial discrimination application denied.

The applicant, a former nurse at a senior's residence, filed an application alleging her employment was terminated because of her race and colour.

The respondent employer requested a summary hearing to dismiss the application, arguing the termination was solely due to performance issues.

The Tribunal held a summary hearing and concluded that the application had a reasonable prospect of success.

The request to dismiss the application was denied, and the matter will proceed.

Jacqueline Morris v. Amica Lifestyle and Amica Mature Lifestyles, 2012 HRTO 1825

Laura Cassiani

Practising Law - Employed17 cases2008–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 20, 2012

Human rights application deferred on consent pending conclusion of parallel OLRB proceeding.

The applicant consented to the deferral.

The applicant also alleged bias and requested the appointment of an independent board or person to hear the application.

The Tribunal deferred the application pending the OLRB proceeding and noted it has no authority to appoint another board or person to decide applications under the Code.

Juan Reyes v. LifeMark Health Management Inc., 2012 HRTO 1798

Shane Todd

In Private Practice1 case2012–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 19, 2012

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

The applicant alleged that her employment was terminated because she disclosed her same-sex relationship to a co-worker.

The applicant failed to attend the summary hearing.

The Tribunal proceeded in her absence and dismissed the application, finding no reasonable prospect of success given the complete non-discriminatory reason for termination.

Jamie Huenemoerder v. Sears Canada Inc., 2012 HRTO 1771

Jinan Kubursi

30 cases2001–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 18, 2012

Tribunal awards $7,000 for injury to dignity after manager's comments encouraged older employee to retire.

The applicant sought a remedy following a finding that she experienced age discrimination in employment when her manager made comments encouraging her to retire.

The applicant sought $20,000 for injury to dignity, feelings and self-respect, while the respondents suggested an award between $1,500 and $7,500.

The Tribunal awarded $7,000, finding that while the objective seriousness of the conduct was at the low end, the comments had a greater impact on the applicant due to her overall circumstances.

Deane v. Ontario (Community Safety and Correctional Services), 2012 HRTO 1753

Samantha Hayward

Practising Law - Employed1 case2012–2012

Allison Taylor

28 cases2001–2026

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 13, 2012

Application allowed to proceed; not plain and obvious that delay lacked good faith explanation.

The applicant filed a human rights application alleging discrimination based on sex and pregnancy following the termination of her employment.

The application was filed more than one year after the termination.

The respondent requested the application be dismissed for delay.

The applicant explained the delay was due to initially filing with the Canadian Human Rights Commission, which later determined it lacked jurisdiction.

The Tribunal found it was not plain and obvious that the application lacked a good faith explanation for the delay and allowed the application to proceed.

Gibbs v. Canadian Wireless Communications Inc., 2012 HRTO 1732

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 10, 2012

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed a human rights application that appeared to be outside the one-year limitation period under section 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss, requiring the applicant to file written submissions.

The applicant failed to respond to the Notice.

Consequently, the Tribunal found that the applicant had abandoned the application and dismissed it on that basis.

Smith v. Georgian College, 2012 HRTO 1706

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 7, 2012

Human rights application dismissed as abandoned after applicant failed to respond to Case Assessment Direction.

The applicant failed to respond to a Case Assessment Direction requiring him to confirm his intention to participate in the scheduled hearing.

As a result, the Human Rights Tribunal of Ontario cancelled the hearing and dismissed the application as abandoned.

John Foisy v. Cranky Joe’s Roadhouse and Vic Perria, 2012 HRTO 1692

Norman Feaver

Practising Law - Employed3 cases2012–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 6, 2012

Tribunal ruled prior and subsequent incidents relevant and directed applicant to clarify related legal proceedings.

The applicant filed a human rights application alleging discrimination by the respondent between 2007 and 2010.

During a case management conference, the Tribunal considered the relevance of prior incidents and a subsequent incident from May 2012.

The Tribunal found both the prior and subsequent incidents to be relevant to the application.

Trevor Malcolm v. Ministry of Community Safety and Correctional Service, 2012 HRTO 1688

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 27, 2012

Human rights application dismissed for failure to reactivate within the required time limit after deferral.

The applicant sought to reactivate his human rights application more than a year after the conclusion of a related Employment Standards Act proceeding.

The Tribunal's rules require a reactivation request within 60 days.

The applicant blamed his former paralegal for the initial delay, but failed to explain why he waited over a year to file the request after learning of the omission.

The Tribunal found no good reason to extend the time limit and dismissed the application.

Mullings v. Global Alliance Worldwide Chauffeured Services Ltd., 2012 HRTO 1628

Osborne Barnwell

24 cases2000–2025

David Gourlay

Practising Law - Employed34 cases2010–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 23, 2012

Human rights application partially dismissed for delay regarding older parking ticket allegations.

The applicant, a restaurant owner of Somali origin, alleged that a parking enforcement officer targeted him and his patrons by issuing parking tickets and making racist comments.

The respondents requested that the application be dismissed because many of the allegations related to events that occurred more than a year before the application was filed.

The Tribunal ordered a half-day oral hearing to hear evidence regarding the alleged discriminatory comments made in 2009 and 2010.

Adani v. Toronto Police Services Board, 2012 HRTO 1614

Evan Van Dyk

Practising Law - Employed8 cases2010–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 14, 2012

Human rights application dismissed as employee failed to adequately communicate her specific scent accommodation needs.

Susan Kovios v. Inteleservices Canada Inc., 2012 HRTO 1570

John Paul Alexandrowicz

1 case2012–2012

Brian Cook