Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 14, 2012

Human rights application alleging race and disability discrimination dismissed at summary hearing for no reasonable prospect of success.

The applicant, an occasional International Language Instructor, filed a human rights application alleging discrimination in employment based on race and disability.

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

The applicant conceded that race was not a factor in his treatment.

Regarding disability, the Tribunal found that allegations relating to events in 1995 were out of time, and there was no reasonable prospect of proving that a recent reduction in work assignments was due to a perceived disability, as the respondent provided a full non-discriminatory explanation.

The application was dismissed.

Monge v. Toronto Catholic District School Board, 2012 HRTO 1176

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

The applicant filed an application under s. 34 of the Human Rights Code.

A Notice of Summary Hearing was issued and delivered to the applicant's representative.

Neither the applicant nor his representative appeared at the scheduled telephone conference hearing.

The Tribunal found that the applicant had notice of the hearing and dismissed the application on the basis that it was deemed abandoned.

Gawdi v. Sheraton Gateway Hotel, 2012 HRTO 1172

Brian Cook

Reconsideration request denied as applicant failed to explain the full period of delay.

The applicant requested a reconsideration of a decision dismissing his human rights application for delay.

The original decision found that the application was filed outside the one-year limitation period and that the applicant failed to provide a good faith explanation for the entire period of delay.

In his reconsideration request, the applicant reiterated his explanation for the delay up to May 2011 but failed to address the delay between May 2011 and August 2011.

The Tribunal denied the request for reconsideration.

Kevin Cavanaugh v. Scott Builders/Graham Construction and Robert Lovelace, 2012 HRTO 1159

Brian Cook

In Private Practice6 cases2010–2013

Human rights application dismissed as abandoned after parties failed to comply with Case Assessment Direction.

The applicant filed an application under section 34 of the Human Rights Code alleging employment discrimination based on ancestry and disability.

After an unsuccessful mediation, a hearing was scheduled.

The Tribunal issued a Case Assessment Direction requiring the parties to file documents and witness statements or confirm they would not rely on additional evidence.

When neither party responded to the Direction, the Tribunal dismissed the application as abandoned and cancelled the scheduled hearing.

Martin v. Great Northern Pizza and Restaurant, 2012 HRTO 1155

Ryan Conlin

6 cases2011–2013

Nastaran Roushan

Brian Cook

In Private Practice26 cases2009–2025

Application dismissed against union and personal respondents removed as corporate respondents accepted vicarious liability.

The applicant filed a human rights application alleging discrimination and reprisal based on disability against her employer, her union, and three personal respondents.

The Tribunal held a summary hearing to determine whether the application should be dismissed against the union and the personal respondents.

The Tribunal found no reasonable prospect of success against the union, as the assignment of hours was a management prerogative and there was no evidence the union participated in the decision.

The Tribunal also removed the personal respondents, applying the Persaud test, as the corporate respondents accepted full vicarious liability and were capable of remedying any infringement.

Chadwick v. Norfolk (County), 2012 HRTO 1148

Christopher McClelland

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 18, 2012

Tribunal declines to dismiss disability discrimination application for delay, finding allegations constitute a series of events.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, specifically regarding the respondent's failure to accommodate his inability to wear safety shoes due to toe surgeries and a subsequent arm injury.

The Tribunal held a preliminary hearing to determine if the application should be dismissed for delay or lack of a reasonable prospect of success.

The Tribunal found that the allegations constituted a series of events, bringing the application within the one-year time limit under section 34(1) of the Code.

The Tribunal also found that the allegations, if true, could plausibly amount to a Code infringement, and directed the applicant to file an additional statement detailing the accommodation history.

Fray v. Wal-Mart Canada Corp., 2012 HRTO 1019

John-Paul Alexandrowicz

In Private Practice32 cases1998–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 16, 2012

Request to add union as respondent denied due to prior OLRB decision; amendment for ongoing accommodation issues permitted.

The applicant, a high school teacher, filed a human rights application alleging a failure to accommodate his disability.

In this interim decision, the Tribunal addressed the applicant's requests to add his union (OSSTF) as a respondent and to amend his application to include ongoing accommodation issues.

The Tribunal denied the request to add the union, finding that the Ontario Labour Relations Board had already appropriately dealt with the substance of the allegations against the union.

The Tribunal permitted the applicant to amend his application to include ongoing accommodation issues, directing him to provide particulars to the respondents.

Daniel Parsons v. Simcoe County District School Board and Tracy McPhail, 2012 HRTO 985

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 7, 2012

Human rights application against union dismissed at summary hearing for lack of reasonable prospect of success.

The applicant filed an application alleging that his union discriminated against him on the basis of disability by failing to pursue a grievance regarding his workplace accommodation.

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

The Tribunal found that a union's failure to pursue a grievance is not in itself evidence of discrimination, and the applicant provided no evidence that the union's actions were based on discriminatory factors.

The application against the union was dismissed.

Harold Woodbeck v. Canadian Union of Public Employees, Local 87, 2012 HRTO 915

David Steele

10 cases2012–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 24, 2012

Human rights application against union dismissed; failure to file grievance was based on non-discriminatory assessment.

The applicant, a nurse with a history of substance abuse, resigned after admitting to taking a patient's medication.

She filed a human rights application against her former employer and her union, alleging the employer forced her to resign instead of accommodating her disability, and the union discriminated against her by failing to file a grievance.

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

The Tribunal found that the union's decision not to pursue a grievance was based on a non-discriminatory assessment of its likelihood of success, given the applicant's history and admitted conduct.

The application against the union was dismissed.

Lori McLean v. Riverside Health Care Facilities Inc., 2012 HRTO 842

Chris Eames

2 cases2000–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 19, 2012

Human rights application dismissed at summary hearing for lacking evidence connecting unfair treatment to protected grounds.

The applicant, a Registered Nurse, alleged discrimination in employment on the basis of race, colour, and ethnic origin.

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

The applicant alleged unfair treatment, including reprimands and a dispute over sick leave, but conceded there were no comments related to her race or colour.

The Tribunal found that the applicant had no evidence to connect the alleged unfair treatment to a Code-protected ground, and dismissed the application as having no reasonable prospect of success.

Bowie-Fair v. County of Bruce - Gateway Haven, 2012 HRTO 796

Mathew Mihailovich

2 cases2012–2012

Brian Cook

Not Practising Law6 cases2001–2015

Human rights application dismissed for delay as applicant failed to explain gap before filing.

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

The respondents requested that the application be dismissed because it was filed more than one year after the last alleged incident of discrimination.

The applicant argued that the delay was in good faith because he had initially pursued the matter through an Employment Standards complaint.

The Tribunal found that while this explained part of the delay, it did not explain the subsequent delay between receiving the Employment Standards decision and filing the human rights application.

The application was dismissed for being out of time.

Kevin Cavanagh v. Scott Builders/Graham Construction and Robert Lovelace, 2012 HRTO 770

Jean Leslie Marentette

Brian Cook

Human rights application deferred pending conclusion of related WSIB proceedings.

The applicant filed a human rights application alleging discrimination in employment based on disability following a work-related knee injury.

The Tribunal issued a Notice of Intent to Defer because the applicant had an ongoing claim for benefits at the WSIB regarding the same facts and issues.

The Tribunal found that the factors favouring deferral, including avoiding duplicate proceedings and inconsistent findings, outweighed the factors against deferral.

The application was deferred pending the conclusion of the WSIB proceedings.

Dennis Caissie v. Reko Automation and Machine Tool and Joseph Sirianni, 2012 HRTO 752

Brian Cook

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

The applicant filed a human rights application alleging discrimination following the termination of his employment.

The applicant's union, which was representing him in an ongoing grievance arbitration regarding the same termination, requested to intervene.

The Tribunal granted the union's request to intervene and deferred the application pending the conclusion of the grievance arbitration, noting that the arbitrator was seized with the central issue of the termination.

Stephen Janes v. Northstar Aerospace (Canada) Inc., 2012 HRTO 757

Brian Cook

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

The applicant filed a human rights application alleging discrimination in employment on the basis of disability following his termination.

The applicant's union, which was pursuing a grievance regarding the termination, requested intervenor status.

The Tribunal granted the union's request to intervene and deferred the application pending the conclusion of the ongoing grievance arbitration, noting that the central issue of the termination was already before an arbitrator.

Stacey Coulter v. Northstar Aerospace (Canada) Inc., 2012 HRTO 756

Brian Cook

Human rights application deferred pending conclusion of related union grievance arbitration regarding termination.

The applicant filed an application under the Human Rights Code alleging discrimination after his employment was terminated.

The applicant's union had also filed a grievance regarding the termination, which was proceeding to arbitration.

The Tribunal considered whether to defer the application pending the arbitration and whether to grant the union intervenor status.

The Tribunal deferred the application, finding it appropriate to wait until the central issue of termination was resolved at arbitration.

The union's request to intervene was also granted.

Burton v. Northstar Aerospace (Canada) Inc., 2012 HRTO 755

Lucy Siraco

35 cases2000–2016

Brian Cook

Human rights application alleging workplace discrimination and reprisal dismissed at summary hearing for delay and no reasonable prospect of success.

The applicant, a bus driver, filed a human rights application alleging reprisal, and later sought to add grounds of sex, age, and disability discrimination regarding various workplace altercations with co-workers.

The Tribunal held a summary hearing to determine if the application should be dismissed.

The Tribunal found that incidents occurring more than one year before the application was filed did not constitute a series of incidents and were out of time without a good faith explanation for the delay.

The Tribunal dismissed the remaining allegations, finding no reasonable prospect of success as the applicant provided no evidence linking the workplace conflicts to Code-protected grounds.

Borba v. Toronto Transit Commission, 2012 HRTO 730

David Goodman

1 case2012–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 13, 2012

Human rights application dismissed; workplace friction and differing expectations did not amount to Code-based discrimination.

The applicant, a former Lead Practice Coordinator at a dental office, alleged she was forced to resign due to harassment and discrimination based on race, ethnic origin, and creed.

She claimed the principal dentist favoured Filipina staff, allowed them to speak in a language other than English, and made an unwelcome comment about her attending church.

The Tribunal found that while the applicant may have experienced a negative employment situation due to differing expectations about her role, there was no evidence that any poor treatment was influenced by a Code-protected ground.

The application was dismissed.

Francesca Ortepi v. Dr. T.H. Tsang Dentistry Professional Corporation and Teodoro Tsang, 2012 HRTO 742

Philip Wolfenden

6 cases1981–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 11, 2012

Human rights application alleging disability discrimination and reprisal dismissed at summary hearing for no reasonable prospect of success.

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

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success and whether it was filed in time.

The Tribunal found that the applicant's theory of continuing reprisal for failing to ask for accommodation five years prior was implausible and unsupported by evidence.

The Tribunal dismissed the application on the basis that there was no reasonable prospect that it could succeed.

Christopher Harper v. The Corporation of the County of Simcoe, 2012 HRTO 718

Eliot Kolers

7 cases2009–2026

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 23, 2012

Human rights application deferred pending conclusion of related civil litigation regarding disability benefits.

The applicant filed a human rights application alleging discrimination regarding the termination of her long-term disability benefits.

The respondent had previously commenced a civil action against the applicant regarding her entitlement to those same benefits.

The Tribunal considered whether to defer the application pending the outcome of the civil litigation.

Finding that the issues in the two proceedings were virtually identical and that proceeding could lead to duplication, the Tribunal ordered the application deferred until the conclusion of the court proceeding.

Tracey v. Industrial Alliance Insurance, 2012 HRTO 615

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 22, 2012

Request to remove medical information from respondent's Response denied as information was relevant to allegations.

The applicant filed a Request for an Order During Proceedings asking that medical information about her be removed from the respondent doctor's Response.

The respondent argued that the information was necessary to make a full response to the allegations of discrimination regarding accessibility and refusal to renew prescriptions.

The Tribunal denied the request, finding that the respondent is entitled to set out her side of the story and that the medical information included was generally relevant to the allegations without unnecessary detail.

Brenda Daugherty v. Miriam Nicholson, 2012 HRTO 557

Applicant

Mary FerrariSelf-represented
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1 appearance
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Anna DeaneSelf-represented
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counsel

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Counsel

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1 appearance
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1 appearance

Counsel for Human Resources Professional Association and Rebecca Durcan

Erica RichlerCounsel
1 appearance

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McLean WoodCounsel
1 appearance

Counsel for Ontario College of Nurses, Proposed Respondent

Prya MorleyCounsel
1 appearance

Counsel for Ontario Lottery and Gaming Commission

David RossCounsel
1 appearance

Counsel for the Respondents

Paul RochfordCounsel
1 appearance

Counsel for the respondent United Steelworkers, Local 7135

Cathy BakerCounsel
1 appearance

for Alana Miller

Mark EllisCounsel
1 appearance

for AuRico Gold Inc.

Michael TorranceCounsel
1 appearance

for Carillion Services Inc.

Daniel ShieldsCounsel
1 appearance

for Caroline Roncadin

Amanda SmallwoodCounsel
1 appearance

for CAW

Anthony DaleCounsel
1 appearance

for Chrysler Canada

Clifford HartCounsel
1 appearance

for Complex Services Inc.

Paul PingueCounsel
1 appearance

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

Lonny RosenCounsel
2 appearances

for Corrine Long

Raj AnandCounsel
1 appearance

for CUPE

Ryan GoldvineUnion representative
1 appearance
Susan BallantyneCounsel
1 appearance

for CUPE, Interested party

Fred HoUnion representative
1 appearance

for CUPE Local 3166 and CUPE Local 5200

Elizabeth NurseCounsel
1 appearance

for Deborah DeGroot

Deborah DeGrootSelf-represented
1 appearance

for Delta Bingo Inc.

Sabatina VassalliCounsel
1 appearance

for Dufferin Vacant Land Condominium Corporation No. 22

Michelle KellyCounsel
1 appearance

for F Janzen Drug Limited

Derek ZulianelloCounsel
1 appearance

for Frank Smith

Anna MatasCounsel
1 appearance

for Gomez Sebastian and Tobias Abell

Mahi KeyvaniAgent
1 appearance

for Her Majesty the Queen in right of Ontario

Anita LyonCounsel
1 appearance

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

Daniel HuffakerCounsel
1 appearance

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

Stuart McMahonCounsel
1 appearance

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

Bruce EllisCounsel
1 appearance

for herself

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

for himself

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

for Honywell Safety Products

Sven PoysaCounsel
1 appearance

for Kinark Child and Family Services

Sabatina VassalliCounsel
2 appearances

for Laird Constructors

Scott ThompsonCounsel
1 appearance

for Loblaw Companies Limited and MacLean Wood

MacLean WoodCounsel
1 appearance

for Mahdi Keyvani

Mahdi KeyvaniSelf-represented
1 appearance

for Margaret De Wit

Self-representedSelf-represented
1 appearance

for Marty Burke

Marty BurkeSelf-represented
1 appearance

former representative for the Applicant

Leonard ReeceAgent
1 appearance

for Niagara Hospitality Hotels Inc.

Self-representedSelf-represented
1 appearance

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

Ryan ConlinCounsel
1 appearance

for Ontario Charitable Gaming Association

Michael LiptonCounsel
1 appearance

for Ontario Lottery and Gaming Corporation

M. David RossCounsel
1 appearance
Tom MoutsatsosCounsel
1 appearance

for Ontario Public Service Employees Union

Hugh O’ReillyCounsel
1 appearance

for OPSEU

David WrightCounsel
1 appearance

for OPSEU Pension Trust

Ari KaplanCounsel
1 appearance

for Petro Canada

Susan MetzlerCounsel
1 appearance

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

Carl PetersonCounsel
1 appearance
Megan BealCounsel
1 appearance

for Scapa Tapes North America

Paula RusakCounsel
1 appearance

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

Katrina PeddleCounsel
1 appearance

for SEIU, Local 1 Canada

Karen WalshUnion representative
1 appearance

for Sheraton Gateway Hotel and Andrew Simmers

Donna D’AndreaCounsel
1 appearance

for Stevens Resource Group Inc.

Elizabeth TraynorCounsel
1 appearance

for St. John's

Lena VartanianCounsel
1 appearance

for the applicant

Brenda CulbertAgent
1 appearance
Glen MorrisonParalegal
1 appearance

for the Applicant

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

for the Applicants

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

for the Canadian Addiction Treatment Centres LP

Peter DudaCounsel
1 appearance

for the Canadian Commercial Workers Industry Pension Plan

Anthony GuindonCounsel
1 appearance

for the Canadian Union of Public Employees, Local 4807

David SteeleCounsel
1 appearance

for the College of Ontario Surgeons of Ontario

Monica TessierCounsel
1 appearance

for the Financial Services Commission of Ontario

Shemin ManjiCounsel
1 appearance

for the Halton Catholic District School Board

Brenda BowlbyCounsel
1 appearance

for the Intervener

Frank ReynoldsUnion representative
1 appearance

for the Intervenor

Stephanie HobbsCounsel
2 appearances
Paul O’RyanCounsel
2 appearances
Antoni CasalinuovoCounsel
1 appearance
Brian AshtonCounsel
1 appearance
Catherine DavisCounsel
1 appearance
David WrightCounsel
1 appearance
Gordon HumSelf-represented
1 appearance
Graham MartetteUnion representative
1 appearance
Heather Ann McConnellCounsel
1 appearance
Jenifer JoplingCounsel
1 appearance
Jessica HoffmanCounsel
1 appearance
Jorge HurtadoCounsel
1 appearance
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1 appearance
Ken DamUnion representative
1 appearance
Mary Catherine ChambersCounsel
1 appearance
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1 appearance
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1 appearance
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1 appearance
Piper HendersonCounsel
1 appearance
Risa PancerCounsel
1 appearance

for the Intervenor York Regional Police Association

Bruce PriceCounsel
1 appearance

for The Law Foundation, Marion Boyd, and Chris Thomas

Elizabeth ForsterCounsel
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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
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Lynette D’SouzaCounsel
1 appearance

for the organizational respondent and the other personal respondents

Douglas AbrahamCounsel
1 appearance

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1 appearance

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Simon-Pierre PaquetteCounsel
1 appearance

for the proposed respondent

Heather AldenUnion representative
1 appearance

for the Proposed Respondent

Daryl CukiermanCounsel
1 appearance
Kylie Crawford Ten BrookCounsel
1 appearance

for the Respondent

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

for the Respondent 1243564 Ontario Limited

Kathleen AndrewCounsel
1 appearance

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

Kathleen AndrewCounsel
1 appearance

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

Gavin LeebCounsel
1 appearance

for the Respondent CAW

Anthony DaleCounsel
1 appearance

for the Respondent Chrysler Canada

Clifford HartCounsel
1 appearance

for the Respondent Chrysler Canada Inc.

Cliff HartCounsel
1 appearance

for the Respondent City of Hamilton

Brenda GloverCounsel
1 appearance

for the Respondent, Clint Williams

Thomas SargeantAgent
1 appearance

for the Respondent Francisco José De Andrade

Francisco José De AndradeSelf-represented
1 appearance

for the Respondent Hamilton Niagara Haldimand Brant Community Care Access Centre

Katharine ByrickCounsel
1 appearance

for the Respondent Hamilton Police Association

Joshua PhillipsCounsel
1 appearance

for the Respondent Hamilton Police Services Board

Marco VisentiniCounsel
1 appearance

for the Respondent Henry Rivas

Crista ReaCounsel
2 appearances

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

Fatema DadaCounsel
1 appearance

for the Respondent Hotel Dieu Grace Hospital

Kate DeardenCounsel
1 appearance

for the Respondent Howard Hurwitz

Amanda SmallwoodCounsel
1 appearance

for the Respondent Mary Powell

Susan TothCounsel
1 appearance

for the Respondent Maxine Straker

Maxine StrakerSelf-represented
1 appearance

for the Respondent Michael Rogozinsky

Michael RogozinskySelf-represented
1 appearance

for the Respondent ParaMed Home Health Care

Shikha SharmaCounsel
1 appearance

for the Respondent Pomer and Boccia Professional Corporation

David PomerCounsel
2 appearances

for the Respondent, Prescott Standard Condominium Corporation No. 19

Mitchell RobinsonCounsel
1 appearance

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

Arlen SternbergCounsel
1 appearance

for the respondents

Catherine PetersCounsel
1 appearance
Mr. LaplanteCounsel
1 appearance

for the Respondents

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

for the Respondents, 2447127 Ontario Inc.

Thomas SchoenleberParalegal
1 appearance

for the Respondents Karim Zahraei and Roghaiyeh Salmani Farmand

Aysan ZahraeiAgent
1 appearance

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

Helen RichardsCounsel
1 appearance

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Mike NewellUnion representative
1 appearance

for the Respondent, Stevens Resource Group

Elizabeth TraynorCounsel
1 appearance

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

Ryan ConlinCounsel
1 appearance

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

Stephen MaioCounsel
1 appearance

for the Respondent The City of Thunder Bay

M. FricotCounsel
1 appearance

for the Respondent The Corporation of the City of Thunder Bay

Mandy FricotCounsel
1 appearance

for the Respondent The Regional Municipality of Peel Police Services Board

Paula RuzakCounsel
1 appearance

for the Respondent Ticketmaster Canada LP

Stuart SvonkinCounsel
1 appearance

for the Respondent Toronto Electric Model Aviation Club

Simon HinchcliffeAgent
1 appearance

for the Respondent Toronto Police Services Board

Andrea DenovanCounsel
1 appearance

for the Respondent Toronto Standard Condominium Corporation No. 1919

Bradley ChaplickCounsel
1 appearance

for the Respondent Toronto Standard Condominium Corporation No. 2471

Jessica HoffmanCounsel
1 appearance

for the Respondent Unifor and its Local 1285

Anthony DaleCounsel
1 appearance

for the Respondent University Health Network – Toronto Western Hospital

Lee LenkinskiCounsel
1 appearance

for the Respondent Windsor Regional Hospital

Paula TrattnerCounsel
1 appearance

for the Respondent, Workplace Safety and Insurance Board

Gurjit BrarCounsel
1 appearance

for the Service Employees International Union Canada, Local 1

Mike NewellUnion representative
1 appearance

for the Toronto District School Board

Wendy LopezCounsel
1 appearance

for the Workplace Safety and Insurance Board

Agnes WintersingerAgent
1 appearance
Greg BullenCounsel
1 appearance

for Unifor

Piper HendersonCounsel
1 appearance

for Unifor Local 1106, Karrie Mercier and Bill McLachlan

Kathryn BellCounsel
1 appearance

for United Steelworkers

Shaheen HiraniCounsel
1 appearance

for V.H. Fuels Inc.

Eric AmodeoCounsel
1 appearance

for Vince Kerrio

William HayterCounsel
1 appearance

for York University

Joanna RainbowCounsel
1 appearance

On her own behalf

Catherine ChanSelf-represented
1 appearance

On Her Own Behalf

Houdeh HoushangiSelf-represented
1 appearance

on his own behalf

Gilbert McIntyreSelf-represented
1 appearance

On his own behalf

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

Respondent

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

Respondents

Jinan KubursiCounsel
1 appearance

Self-represented

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

The Applicant

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

The Intervenor

Victor YeeCounsel
1 appearance

The Respondent

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

Peikang DaiCounsel
1 appearance

757

Decisions

Years active

Tribunals

3.6

cases/mo

HRTO706(93%)

OCAT51(7%)

Decision types

motion

648

trial

109

/Adjudicator

Brian Cook — Member

Human Rights

Employment and Labour Law

Administrative Law

Other Tribunals

Real Estate Law

Workplace Safety and Insurance Law

Workers' Compensation

Landlord and Tenant

Health Law

ADR/Mediation Services

Brian Cook

Member·Condominium Authority Tribunal·Since 2008

OCAT HRTO

757

cases · 19 yrs · HRTO, OCAT

Trial

Motion

Costs

Appeal

Sentencing

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

Sharon Duffy

9 cases2009–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 14, 2012

Human rights application alleging race and disability discrimination dismissed at summary hearing for no reasonable prospect of success.

The applicant, an occasional International Language Instructor, filed a human rights application alleging discrimination in employment based on race and disability.

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

The applicant conceded that race was not a factor in his treatment.

The application was dismissed.

Monge v. Toronto Catholic District School Board, 2012 HRTO 1176

Shaheen Hirani

Suspended Administratively14 cases1997–2022

Donna D’Andrea

16 cases2000–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 14, 2012

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

The applicant filed an application under s. 34 of the Human Rights Code.

A Notice of Summary Hearing was issued and delivered to the applicant's representative.

Neither the applicant nor his representative appeared at the scheduled telephone conference hearing.

The Tribunal found that the applicant had notice of the hearing and dismissed the application on the basis that it was deemed abandoned.

Gawdi v. Sheraton Gateway Hotel, 2012 HRTO 1172

Brian Cook

Reconsideration request denied as applicant failed to explain the full period of delay.

The applicant requested a reconsideration of a decision dismissing his human rights application for delay.

The original decision found that the application was filed outside the one-year limitation period and that the applicant failed to provide a good faith explanation for the entire period of delay.

In his reconsideration request, the applicant reiterated his explanation for the delay up to May 2011 but failed to address the delay between May 2011 and August 2011.

The Tribunal denied the request for reconsideration.

Kevin Cavanaugh v. Scott Builders/Graham Construction and Robert Lovelace, 2012 HRTO 1159

Brian Cook

In Private Practice6 cases2010–2013

Human rights application dismissed as abandoned after parties failed to comply with Case Assessment Direction.

The applicant filed an application under section 34 of the Human Rights Code alleging employment discrimination based on ancestry and disability.

After an unsuccessful mediation, a hearing was scheduled.

The Tribunal issued a Case Assessment Direction requiring the parties to file documents and witness statements or confirm they would not rely on additional evidence.

When neither party responded to the Direction, the Tribunal dismissed the application as abandoned and cancelled the scheduled hearing.

Martin v. Great Northern Pizza and Restaurant, 2012 HRTO 1155

Ryan Conlin

6 cases2011–2013

Nastaran Roushan

Brian Cook

In Private Practice26 cases2009–2025

Application dismissed against union and personal respondents removed as corporate respondents accepted vicarious liability.

The applicant filed a human rights application alleging discrimination and reprisal based on disability against her employer, her union, and three personal respondents.

The Tribunal held a summary hearing to determine whether the application should be dismissed against the union and the personal respondents.

The Tribunal found no reasonable prospect of success against the union, as the assignment of hours was a management prerogative and there was no evidence the union participated in the decision.

The Tribunal also removed the personal respondents, applying the Persaud test, as the corporate respondents accepted full vicarious liability and were capable of remedying any infringement.

Chadwick v. Norfolk (County), 2012 HRTO 1148

Christopher McClelland

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 18, 2012

Tribunal declines to dismiss disability discrimination application for delay, finding allegations constitute a series of events.

The Tribunal held a preliminary hearing to determine if the application should be dismissed for delay or lack of a reasonable prospect of success.

The Tribunal found that the allegations constituted a series of events, bringing the application within the one-year time limit under section 34(1) of the Code.

The Tribunal also found that the allegations, if true, could plausibly amount to a Code infringement, and directed the applicant to file an additional statement detailing the accommodation history.

Fray v. Wal-Mart Canada Corp., 2012 HRTO 1019

John-Paul Alexandrowicz

In Private Practice32 cases1998–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 16, 2012

Request to add union as respondent denied due to prior OLRB decision; amendment for ongoing accommodation issues permitted.

The applicant, a high school teacher, filed a human rights application alleging a failure to accommodate his disability.

In this interim decision, the Tribunal addressed the applicant's requests to add his union (OSSTF) as a respondent and to amend his application to include ongoing accommodation issues.

The Tribunal denied the request to add the union, finding that the Ontario Labour Relations Board had already appropriately dealt with the substance of the allegations against the union.

The Tribunal permitted the applicant to amend his application to include ongoing accommodation issues, directing him to provide particulars to the respondents.

Daniel Parsons v. Simcoe County District School Board and Tracy McPhail, 2012 HRTO 985

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 7, 2012

Human rights application against union dismissed at summary hearing for lack of reasonable prospect of success.

The applicant filed an application alleging that his union discriminated against him on the basis of disability by failing to pursue a grievance regarding his workplace accommodation.

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

The application against the union was dismissed.

Harold Woodbeck v. Canadian Union of Public Employees, Local 87, 2012 HRTO 915

David Steele

10 cases2012–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 24, 2012

Human rights application against union dismissed; failure to file grievance was based on non-discriminatory assessment.

The applicant, a nurse with a history of substance abuse, resigned after admitting to taking a patient's medication.

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

The Tribunal found that the union's decision not to pursue a grievance was based on a non-discriminatory assessment of its likelihood of success, given the applicant's history and admitted conduct.

The application against the union was dismissed.

Lori McLean v. Riverside Health Care Facilities Inc., 2012 HRTO 842

Chris Eames

2 cases2000–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 19, 2012

Human rights application dismissed at summary hearing for lacking evidence connecting unfair treatment to protected grounds.

The applicant, a Registered Nurse, alleged discrimination in employment on the basis of race, colour, and ethnic origin.

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

The applicant alleged unfair treatment, including reprimands and a dispute over sick leave, but conceded there were no comments related to her race or colour.

The Tribunal found that the applicant had no evidence to connect the alleged unfair treatment to a Code-protected ground, and dismissed the application as having no reasonable prospect of success.

Bowie-Fair v. County of Bruce - Gateway Haven, 2012 HRTO 796

Mathew Mihailovich

2 cases2012–2012

Brian Cook

Not Practising Law6 cases2001–2015

Human rights application dismissed for delay as applicant failed to explain gap before filing.

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

The respondents requested that the application be dismissed because it was filed more than one year after the last alleged incident of discrimination.

The applicant argued that the delay was in good faith because he had initially pursued the matter through an Employment Standards complaint.

The Tribunal found that while this explained part of the delay, it did not explain the subsequent delay between receiving the Employment Standards decision and filing the human rights application.

The application was dismissed for being out of time.

Kevin Cavanagh v. Scott Builders/Graham Construction and Robert Lovelace, 2012 HRTO 770

Jean Leslie Marentette

Brian Cook

Human rights application deferred pending conclusion of related WSIB proceedings.

The applicant filed a human rights application alleging discrimination in employment based on disability following a work-related knee injury.

The Tribunal issued a Notice of Intent to Defer because the applicant had an ongoing claim for benefits at the WSIB regarding the same facts and issues.

The Tribunal found that the factors favouring deferral, including avoiding duplicate proceedings and inconsistent findings, outweighed the factors against deferral.

The application was deferred pending the conclusion of the WSIB proceedings.

Dennis Caissie v. Reko Automation and Machine Tool and Joseph Sirianni, 2012 HRTO 752

Brian Cook

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

The applicant filed a human rights application alleging discrimination following the termination of his employment.

The applicant's union, which was representing him in an ongoing grievance arbitration regarding the same termination, requested to intervene.

Stephen Janes v. Northstar Aerospace (Canada) Inc., 2012 HRTO 757

Brian Cook

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

The applicant filed a human rights application alleging discrimination in employment on the basis of disability following his termination.

The applicant's union, which was pursuing a grievance regarding the termination, requested intervenor status.

Stacey Coulter v. Northstar Aerospace (Canada) Inc., 2012 HRTO 756

Brian Cook

Human rights application deferred pending conclusion of related union grievance arbitration regarding termination.

The applicant filed an application under the Human Rights Code alleging discrimination after his employment was terminated.

The applicant's union had also filed a grievance regarding the termination, which was proceeding to arbitration.

The Tribunal considered whether to defer the application pending the arbitration and whether to grant the union intervenor status.

The Tribunal deferred the application, finding it appropriate to wait until the central issue of termination was resolved at arbitration.

The union's request to intervene was also granted.

Burton v. Northstar Aerospace (Canada) Inc., 2012 HRTO 755

Lucy Siraco

35 cases2000–2016

Brian Cook

Human rights application alleging workplace discrimination and reprisal dismissed at summary hearing for delay and no reasonable prospect of success.

The Tribunal held a summary hearing to determine if the application should be dismissed.

The Tribunal dismissed the remaining allegations, finding no reasonable prospect of success as the applicant provided no evidence linking the workplace conflicts to Code-protected grounds.

Borba v. Toronto Transit Commission, 2012 HRTO 730

David Goodman

1 case2012–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 13, 2012

Human rights application dismissed; workplace friction and differing expectations did not amount to Code-based discrimination.

The applicant, a former Lead Practice Coordinator at a dental office, alleged she was forced to resign due to harassment and discrimination based on race, ethnic origin, and creed.

She claimed the principal dentist favoured Filipina staff, allowed them to speak in a language other than English, and made an unwelcome comment about her attending church.

The application was dismissed.

Francesca Ortepi v. Dr. T.H. Tsang Dentistry Professional Corporation and Teodoro Tsang, 2012 HRTO 742

Philip Wolfenden

6 cases1981–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 11, 2012

Human rights application alleging disability discrimination and reprisal dismissed at summary hearing for no reasonable prospect of success.

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

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success and whether it was filed in time.

The Tribunal found that the applicant's theory of continuing reprisal for failing to ask for accommodation five years prior was implausible and unsupported by evidence.

The Tribunal dismissed the application on the basis that there was no reasonable prospect that it could succeed.

Christopher Harper v. The Corporation of the County of Simcoe, 2012 HRTO 718

Eliot Kolers

7 cases2009–2026

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 23, 2012

Human rights application deferred pending conclusion of related civil litigation regarding disability benefits.

The applicant filed a human rights application alleging discrimination regarding the termination of her long-term disability benefits.

The respondent had previously commenced a civil action against the applicant regarding her entitlement to those same benefits.

The Tribunal considered whether to defer the application pending the outcome of the civil litigation.

Tracey v. Industrial Alliance Insurance, 2012 HRTO 615

Brian Cook