Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 8, 2012

Age discrimination application dismissed where applicant misunderstood hiring timeline and lacked evidence of discrimination.

The applicant, a 67-year-old man, applied for a seasonal grounds maintenance position with the respondent golf club.

He was interviewed but not hired.

The applicant alleged age discrimination, primarily because the respondent did not contact him within one day of the interview, which he believed was promised.

The Tribunal found that the applicant misunderstood the timeline and that there was no evidence connecting the failure to hire him, or the timeline of the communication, to his age.

The application was dismissed.

Meredith v. MGC Limited Partnership, 2012 HRTO 1540

Donna Petri

Practising Law - Employed7 cases2010–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 3, 2012

Summary dismissal denied where discrimination claim regarding temporary absence pass required credibility findings.

The applicant, an incarcerated Indigenous person, alleged discrimination on the basis of race after his request for a temporary absence pass to attend his mother's funeral was allegedly ignored.

The respondent claimed there was no record of the request.

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

Finding that the dispute rested on credibility and evidence regarding whether the requests were made and ignored due to the applicant's Indigenous identity, the Tribunal declined to dismiss the application and directed it to a full hearing.

Gary Chatsick v. Ontario (Public Safety and Correctional Services), 2012 HRTO 1524

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 2, 2012

Reconsideration granted where applicant missed summary hearing due to eviction and medical issues.

The applicant requested reconsideration of a Tribunal decision that dismissed her human rights application after she failed to attend a scheduled telephone summary hearing.

The applicant submitted that she did not receive notice of the hearing due to an eviction and significant health issues requiring surgery.

The Tribunal found that while the applicant's former representative received notice, there was doubt as to whether the applicant herself knew about the hearing.

Concluding that the applicant did not intend to abandon her application and that the prejudice to the respondents was minimal, the Tribunal granted the reconsideration request and ordered the summary hearing to be rescheduled.

Althea Elrington v. Saint Elizabeth Health Care, Shirlee Sharkey, Susan Walsh and Christina Bowen, 2012 HRTO 1518

Erin Porter

In Private Practice15 cases2012–2021

Brian Cook

Human rights application deferred pending completion of concurrent grievance proceedings.

The applicant filed a human rights application alleging discrimination, harassment, and reprisal in employment.

Following the termination of her employment, the applicant filed grievances under her collective agreement.

The respondents requested that the Tribunal defer the application pending the completion of the grievance process.

The Tribunal found that there was substantial overlap between the facts and human rights issues in the application and the grievances.

The Tribunal deferred the application pending the conclusion of the grievance procedure.

Vassell v. Revera Long Term Care Inc., 2012 HRTO 1492

Brian Cook

Reconsideration request denied; disagreement with Tribunal's jurisdictional ruling does not establish reasonable apprehension of bias.

The applicant requested a reconsideration of an interim decision that dismissed his human rights application against two insurance companies for lack of jurisdiction.

The applicant alleged that the Tribunal was biased because it directed a summary hearing and dismissed the insurance companies without an oral hearing.

The Tribunal denied the reconsideration request, finding that the right to an oral hearing under section 43(2) of the Code only applies to matters within the Tribunal's jurisdiction, and that mere disagreement with a decision does not establish a reasonable apprehension of bias.

Reyes v. LifeMark Health Management Inc., 2012 HRTO 1487

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 18, 2012

Human rights application dismissed for failing to identify any specific acts of alleged discrimination.

The applicant filed a human rights application against multiple government entities and CAMH, alleging discrimination in various areas.

The Tribunal issued a Notice of Intent to Dismiss because the application did not disclose any specific acts of alleged discrimination.

After reviewing the applicant's written submissions, which failed to identify any specific events or actions involving Code-protected rights, the Tribunal dismissed the application.

Isabelle Duroche v. City of Ottawa, City of Toronto, Government of Ontario and CAMH, 2012 HRTO 1404

Malcolm MacKillop

11 cases1993–2020

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 13, 2012

Human rights application alleging disability discrimination dismissed for having no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination in employment and services on the basis of disability.

The applicant had been off work on long-term disability for approximately ten years.

He alleged discrimination related to the employer's purported sponsorship of a Gay Pride parade, failure to accommodate his return to work, and termination of his employment.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.

The Tribunal found that the employer's sponsorship of an event did not constitute discrimination in services or employment, and that the employer did not fail to accommodate the applicant given his admission that he was incapable of returning to work.

Woods v. BMO Nesbitt Burns, 2012 HRTO 1377

Daniel Chodos

In Private Practice19 cases2010–2022

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 9, 2012

Tribunal orders oral hearing to resolve competing factual accounts in disability discrimination claim.

The applicant alleged discrimination on the basis of disability (PTSD) after being denied entry to events sponsored by the corporate respondent.

The respondents claimed the applicant was barred due to previous disruptive behaviour.

In this interim decision, the Tribunal denied the applicant's request for the adjudicator to recuse himself for bias.

The Tribunal also declined to dismiss the application for having no reasonable prospect of success at the summary hearing stage, finding that oral evidence was required to resolve the competing factual accounts regarding the reasons for the applicant's exclusion.

Vizcaya v. United Jewish Appeal Federation of Greater Toronto, 2012 HRTO 1356

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 6, 2012

Human rights application deferred, but not dismissed, pending parallel civil wrongful dismissal action.

The respondent requested that the human rights application be dismissed under section 34(11) of the Human Rights Code, arguing that the applicant had commenced a civil proceeding concerning the same events.

The Tribunal found that because the civil action did not specifically seek damages under the Code, section 34(11) did not bar the application.

However, as the factual allegations were the same, the Tribunal deferred further consideration of the application pending the conclusion of the civil proceeding.

Joe Panimondo v. Capreit GP Inc., 2012 HRTO 1346

Request to dismiss application under s. 45.1 denied as grievances had not actually resolved the substance.

The respondents requested that the human rights application be dismissed under section 45.1 of the Human Rights Code, arguing that the applicant could have filed a union grievance to deal with the substance of the application.

The Tribunal denied the request, clarifying that section 45.1 only applies when another proceeding has actually dealt with the substance of the application, not when it merely could have.

As the relevant grievances had either been withdrawn or were not being pursued, no other proceeding had dealt with the substance of the application.

Kelly Chadwick v. The Corporation of Norfolk County and Norview Lodge, 2012 HRTO 1333

Phanny Im

Brian Cook

Tribunal lacks jurisdiction to award costs upon withdrawal of application as no costs rules exist.

The applicant requested to withdraw her human rights application alleging discrimination in employment.

The respondent consented to the withdrawal but sought an order for costs under section 17.1 of the Statutory Powers Procedure Act.

The Tribunal granted the withdrawal but dismissed the request for costs, finding that it lacks jurisdiction to award costs because it has not made rules with respect to the ordering of costs as required by the Act.

Travers v. Composites Canada, 2012 HRTO 1327

Ellen Low

3 cases2012–2016

Christopher Chenoweth

Brian Cook

Tribunal adds personal respondent and denies motion to dismiss human rights application.

The applicant filed a human rights application alleging discriminatory reduction of hours after returning from medical leave.

In this interim decision, the Tribunal granted the applicant's request to add the directing mind of the corporate respondent as a personal respondent, noting the corporate respondent may have no assets.

The Tribunal denied the respondents' requests to dismiss the application for mootness, to dismiss it under s. 45.1 of the Code based on a prior Employment Standards Officer decision regarding severance pay, and to hold a summary hearing.

The issue of whether the application was filed in time under s. 34 of the Code was deferred to the main hearing.

Lukasik v. 611554 Ontario Inc., 2012 HRTO 1326

Brian Cook

In Private Practice5 cases1994–2012

Human rights application deferred pending the outcome of related WSIB proceedings regarding workplace injury accommodation.

The applicant filed an application alleging discrimination in employment on the basis of disability, following her termination for refusing to perform her pre-injury job after a work-related shoulder injury.

The Tribunal considered whether to defer the application pending the outcome of a related proceeding at the Workplace Safety and Insurance Board (WSIB).

Finding considerable overlap between the issues in both proceedings, including whether the applicant had a disability at the time of termination and whether the respondent offered suitable work and accommodation, the Tribunal ordered that the application be deferred until the WSIB proceeding is complete.

Grabnor v. AGO Industries, 2012 HRTO 1323

Robert B. Budd

Brian Cook

Not Practising Law2 cases2001–2012

Request to add union as respondent denied where no allegations supported a Human Rights Code violation.

The applicant filed a human rights application alleging discrimination in employment on the basis of race, colour, ancestry, and ethnic origin against his former employer and its Director of Operations.

The respondents sought to add the applicant's union as a respondent, arguing it should be jointly and severally liable.

The Tribunal applied the Smyth test and dismissed the request, finding no allegations that could support a finding that the union violated the Human Rights Code and no compelling reason to add the union as a party.

Wilbur Nixon v. The Good Neighbours’ Club and Lauro Monteiro, 2012 HRTO 1317

Shemin Manji

Anthony Guindon

In Private Practice6 cases2007–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 27, 2012

Application dismissed; age-based differentiation in pension plan early retirement dates is exempt from the Code.

The applicant alleged age discrimination after her deferred pension value was significantly reduced by a funding improvement plan because she was under 50 years old when her employment ended.

The Tribunal found it lacked jurisdiction to hear the application.

The differential treatment based on age in establishing early retirement dates is specifically permitted by the Employment Standards Act and its regulations, and is therefore exempt from the Human Rights Code.

Ying v. Canadian Commercial Workers Industry Pension Plan, 2012 HRTO 1274

H. P. Rolph

19 cases1980–2016

Cynthia Thrasher

In Private Practice1 case2012–2012

Brian Cook

Age discrimination application regarding disability benefits dismissed due to statutory exemptions for employees over 65.

The applicant, aged 65, alleged age discrimination after being denied short-term and long-term disability benefits under his employer's benefit plan.

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

The Tribunal found that section 25(2.1) of the Human Rights Code and section 44 of the Employment Standards Act, 2000 permit disability benefit plans to differentiate based on age for employees aged 65 and older.

As the employer's plan complied with these statutory exemptions, the Tribunal concluded the application had no reasonable prospect of success and dismissed it.

Repaye v. Flex-N-Gate Canada, 2012 HRTO 1258

Ron Lebi

23 cases1982–2019

Brian Cook

Not Practising Law - Employed20 cases2012–2022

Human rights application alleging age discrimination in pension credits dismissed as out of time.

The applicant filed a human rights application alleging age discrimination in the operation of a pension plan, specifically regarding the denial of pension credits during a short-term disability leave in 2006.

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 the alleged discrimination occurred in 2006 and the ongoing financial impact on the applicant's future pension did not constitute a continuing contravention.

The Tribunal also ruled it lacked jurisdiction to consider the applicant's concerns about potential future discrimination.

The application was dismissed as out of time.

Raymond Bacon v. Insulators Local 95 Pension Plan, 2012 HRTO 1249

Michelle Alton

14 cases2010–2014

Heather Ann McConnell

Brian Cook

Not Practising Law - Employed1 case2012–2012

Tribunal allows amendment to add disability ground but denies sexual harassment; summary dismissal refused.

The applicant filed a human rights application alleging discrimination in employment on the grounds of record of offences and reprisal.

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

Prior to the hearing, the applicant requested to amend the application to add the grounds of disability and sexual harassment.

The Tribunal allowed the amendment to add disability, as it was raised in the original application, but denied the addition of sexual harassment due to prejudice to the respondents.

Based on the amended application, the Tribunal found there was a reasonable prospect of success and declined to dismiss the application.

Vivas v. Metropolitan Hotels, 2012 HRTO 1248

Mariana Bracic

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 25, 2012

Summary dismissal denied; age discrimination application allowed to proceed to a full hearing.

The applicant alleged age discrimination and constructive dismissal after the dental practice where she worked was sold to a new owner.

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

The Tribunal found that the allegations, if proven, could result in a finding of a Code infringement and were sufficiently plausible to proceed.

The summary dismissal was denied, and the respondents were directed to file a response.

Reese v. Bencak Family Dental Centre, 2012 HRTO 1244

Andrea Denovan

20 cases2003–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 18, 2012

Human rights application against police for towing vehicle dismissed for having no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination on the basis of disability and ethnic origin after her vehicle was ticketed and towed.

The Tribunal held a summary hearing to determine if the application against the Toronto Police Services Board had a reasonable prospect of success.

The Tribunal found no reasonable prospect that the applicant could establish the decision to tow her car was discriminatory, as the applicable by-law does not exempt vehicles with disabled parking permits from being towed when impeding traffic, and there was no evidence linking the officer's actions to her ethnic origin.

The application against the Police Services Board was dismissed.

The applicant was directed to advise the Tribunal on how she intends to proceed against the towing company, which is in receivership.

Muntaha Hannona v. 1505378 Ontario Inc. o/a Downtown Group Towing and Storage and Toronto Police Services Board, 2012 HRTO 1194

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

Eric Gresham

Practising Law - Employed5 cases2012–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 8, 2012

Age discrimination application dismissed where applicant misunderstood hiring timeline and lacked evidence of discrimination.

The applicant, a 67-year-old man, applied for a seasonal grounds maintenance position with the respondent golf club.

He was interviewed but not hired.

The applicant alleged age discrimination, primarily because the respondent did not contact him within one day of the interview, which he believed was promised.

The Tribunal found that the applicant misunderstood the timeline and that there was no evidence connecting the failure to hire him, or the timeline of the communication, to his age.

The application was dismissed.

Meredith v. MGC Limited Partnership, 2012 HRTO 1540

Donna Petri

Practising Law - Employed7 cases2010–2013

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 3, 2012

Summary dismissal denied where discrimination claim regarding temporary absence pass required credibility findings.

The applicant, an incarcerated Indigenous person, alleged discrimination on the basis of race after his request for a temporary absence pass to attend his mother's funeral was allegedly ignored.

The respondent claimed there was no record of the request.

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

Gary Chatsick v. Ontario (Public Safety and Correctional Services), 2012 HRTO 1524

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 2, 2012

Reconsideration granted where applicant missed summary hearing due to eviction and medical issues.

The applicant requested reconsideration of a Tribunal decision that dismissed her human rights application after she failed to attend a scheduled telephone summary hearing.

The applicant submitted that she did not receive notice of the hearing due to an eviction and significant health issues requiring surgery.

The Tribunal found that while the applicant's former representative received notice, there was doubt as to whether the applicant herself knew about the hearing.

Althea Elrington v. Saint Elizabeth Health Care, Shirlee Sharkey, Susan Walsh and Christina Bowen, 2012 HRTO 1518

Erin Porter

In Private Practice15 cases2012–2021

Brian Cook

Human rights application deferred pending completion of concurrent grievance proceedings.

The applicant filed a human rights application alleging discrimination, harassment, and reprisal in employment.

Following the termination of her employment, the applicant filed grievances under her collective agreement.

The respondents requested that the Tribunal defer the application pending the completion of the grievance process.

The Tribunal found that there was substantial overlap between the facts and human rights issues in the application and the grievances.

The Tribunal deferred the application pending the conclusion of the grievance procedure.

Vassell v. Revera Long Term Care Inc., 2012 HRTO 1492

Brian Cook

Reconsideration request denied; disagreement with Tribunal's jurisdictional ruling does not establish reasonable apprehension of bias.

The applicant requested a reconsideration of an interim decision that dismissed his human rights application against two insurance companies for lack of jurisdiction.

The applicant alleged that the Tribunal was biased because it directed a summary hearing and dismissed the insurance companies without an oral hearing.

Reyes v. LifeMark Health Management Inc., 2012 HRTO 1487

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 18, 2012

Human rights application dismissed for failing to identify any specific acts of alleged discrimination.

The applicant filed a human rights application against multiple government entities and CAMH, alleging discrimination in various areas.

The Tribunal issued a Notice of Intent to Dismiss because the application did not disclose any specific acts of alleged discrimination.

After reviewing the applicant's written submissions, which failed to identify any specific events or actions involving Code-protected rights, the Tribunal dismissed the application.

Isabelle Duroche v. City of Ottawa, City of Toronto, Government of Ontario and CAMH, 2012 HRTO 1404

Malcolm MacKillop

11 cases1993–2020

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 13, 2012

Human rights application alleging disability discrimination dismissed for having no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination in employment and services on the basis of disability.

The applicant had been off work on long-term disability for approximately ten years.

He alleged discrimination related to the employer's purported sponsorship of a Gay Pride parade, failure to accommodate his return to work, and termination of his employment.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.

Woods v. BMO Nesbitt Burns, 2012 HRTO 1377

Daniel Chodos

In Private Practice19 cases2010–2022

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 9, 2012

Tribunal orders oral hearing to resolve competing factual accounts in disability discrimination claim.

The applicant alleged discrimination on the basis of disability (PTSD) after being denied entry to events sponsored by the corporate respondent.

The respondents claimed the applicant was barred due to previous disruptive behaviour.

In this interim decision, the Tribunal denied the applicant's request for the adjudicator to recuse himself for bias.

Vizcaya v. United Jewish Appeal Federation of Greater Toronto, 2012 HRTO 1356

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 6, 2012

Human rights application deferred, but not dismissed, pending parallel civil wrongful dismissal action.

The Tribunal found that because the civil action did not specifically seek damages under the Code, section 34(11) did not bar the application.

However, as the factual allegations were the same, the Tribunal deferred further consideration of the application pending the conclusion of the civil proceeding.

Joe Panimondo v. Capreit GP Inc., 2012 HRTO 1346

Sara Erskine

8 cases2006–2013

Ryan Conlin

6 cases2011–2013

Brian Cook

Request to dismiss application under s. 45.1 denied as grievances had not actually resolved the substance.

The Tribunal denied the request, clarifying that section 45.1 only applies when another proceeding has actually dealt with the substance of the application, not when it merely could have.

As the relevant grievances had either been withdrawn or were not being pursued, no other proceeding had dealt with the substance of the application.

Kelly Chadwick v. The Corporation of Norfolk County and Norview Lodge, 2012 HRTO 1333

Phanny Im

Brian Cook

Tribunal lacks jurisdiction to award costs upon withdrawal of application as no costs rules exist.

The applicant requested to withdraw her human rights application alleging discrimination in employment.

The respondent consented to the withdrawal but sought an order for costs under section 17.1 of the Statutory Powers Procedure Act.

Travers v. Composites Canada, 2012 HRTO 1327

Ellen Low

3 cases2012–2016

Christopher Chenoweth

Brian Cook

Tribunal adds personal respondent and denies motion to dismiss human rights application.

The applicant filed a human rights application alleging discriminatory reduction of hours after returning from medical leave.

The issue of whether the application was filed in time under s. 34 of the Code was deferred to the main hearing.

Lukasik v. 611554 Ontario Inc., 2012 HRTO 1326

Brian Cook

In Private Practice5 cases1994–2012

Human rights application deferred pending the outcome of related WSIB proceedings regarding workplace injury accommodation.

The Tribunal considered whether to defer the application pending the outcome of a related proceeding at the Workplace Safety and Insurance Board (WSIB).

Grabnor v. AGO Industries, 2012 HRTO 1323

Robert B. Budd

Brian Cook

Not Practising Law2 cases2001–2012

Request to add union as respondent denied where no allegations supported a Human Rights Code violation.

The respondents sought to add the applicant's union as a respondent, arguing it should be jointly and severally liable.

Wilbur Nixon v. The Good Neighbours’ Club and Lauro Monteiro, 2012 HRTO 1317

Shemin Manji

Anthony Guindon

In Private Practice6 cases2007–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 27, 2012

Application dismissed; age-based differentiation in pension plan early retirement dates is exempt from the Code.

The applicant alleged age discrimination after her deferred pension value was significantly reduced by a funding improvement plan because she was under 50 years old when her employment ended.

The Tribunal found it lacked jurisdiction to hear the application.

Ying v. Canadian Commercial Workers Industry Pension Plan, 2012 HRTO 1274

H. P. Rolph

19 cases1980–2016

Cynthia Thrasher

In Private Practice1 case2012–2012

Brian Cook

Age discrimination application regarding disability benefits dismissed due to statutory exemptions for employees over 65.

The applicant, aged 65, alleged age discrimination after being denied short-term and long-term disability benefits under his employer's benefit plan.

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

As the employer's plan complied with these statutory exemptions, the Tribunal concluded the application had no reasonable prospect of success and dismissed it.

Repaye v. Flex-N-Gate Canada, 2012 HRTO 1258

Ron Lebi

23 cases1982–2019

Brian Cook

Not Practising Law - Employed20 cases2012–2022

Human rights application alleging age discrimination in pension credits dismissed as out of time.

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 the alleged discrimination occurred in 2006 and the ongoing financial impact on the applicant's future pension did not constitute a continuing contravention.

The Tribunal also ruled it lacked jurisdiction to consider the applicant's concerns about potential future discrimination.

The application was dismissed as out of time.

Raymond Bacon v. Insulators Local 95 Pension Plan, 2012 HRTO 1249

Michelle Alton

14 cases2010–2014

Heather Ann McConnell

Brian Cook

Not Practising Law - Employed1 case2012–2012

Tribunal allows amendment to add disability ground but denies sexual harassment; summary dismissal refused.

The applicant filed a human rights application alleging discrimination in employment on the grounds of record of offences and reprisal.

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

Prior to the hearing, the applicant requested to amend the application to add the grounds of disability and sexual harassment.

The Tribunal allowed the amendment to add disability, as it was raised in the original application, but denied the addition of sexual harassment due to prejudice to the respondents.

Based on the amended application, the Tribunal found there was a reasonable prospect of success and declined to dismiss the application.

Vivas v. Metropolitan Hotels, 2012 HRTO 1248

Mariana Bracic

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 25, 2012

Summary dismissal denied; age discrimination application allowed to proceed to a full hearing.

The applicant alleged age discrimination and constructive dismissal after the dental practice where she worked was sold to a new owner.

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

The Tribunal found that the allegations, if proven, could result in a finding of a Code infringement and were sufficiently plausible to proceed.

The summary dismissal was denied, and the respondents were directed to file a response.

Reese v. Bencak Family Dental Centre, 2012 HRTO 1244

Andrea Denovan

20 cases2003–2013

Brian Cook