Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 21, 2012

Human rights application deferred pending completion of related union grievance arbitration.

The applicant filed a human rights application alleging a failure to accommodate his disability and wrongful termination.

The applicant's union had also filed grievances based on the same factual background, which were referred to arbitration.

The Tribunal issued a Notice of Intent to Defer.

The respondents agreed with deferral, while the applicant opposed it out of concern that his human rights issues would not be addressed.

The Tribunal deferred the application pending the completion of the grievance process, noting that grievance arbitrators have the authority and responsibility to enforce human rights statutes.

Byrnes v. Dupont Canada, 2012 HRTO 556

Application against union dismissed for no reasonable prospect of success; employer personal respondents removed.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability and reprisal against her employer, her union, and several personal respondents.

The Tribunal held a summary hearing to determine whether the allegations against the union and union personal respondents had no reasonable prospect of success, whether the matter should be deferred to the WSIB, and whether the employer personal respondents should be removed.

The Tribunal dismissed the application against the union and union personal respondents, finding no factual foundation that the union's failure to file a grievance was based on discriminatory factors.

The Tribunal declined to defer the matter to the WSIB as there were no ongoing proceedings.

Finally, the Tribunal removed the employer personal respondents because the corporate respondents accepted vicarious liability for their actions.

Carrie Patrick v. The Corporation of Norfolk County and Norview Lodge, 2012 HRTO 566

Brian Cook

Human rights application deferred pending resolution of related appeal before the Minister of Natural Resources.

The applicant filed a human rights application alleging discrimination after the respondent conservation authority denied permission to build on his property.

The respondent requested that the Tribunal defer the application because the applicant had already appealed the underlying decision to the Minister of Natural Resources.

The Tribunal found that the central issue in both proceedings was whether the applicant was entitled to build on the property.

To avoid concurrent proceedings and the risk of inconsistent decisions, the Tribunal deferred the human rights application pending the conclusion of the appeal process.

Alex Gilmor v. Nottawasaga Valley Conservation Authority, 2012 HRTO 561

Brian Cook

Reconsideration request denied as applicant merely sought to re-argue the dismissed human rights application.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application for failing to establish a prima facie case of discrimination and harassment.

The applicant raised several procedural and substantive complaints, including confusion over the hearing's purpose, the Vice-chair's status after resigning, and the assessment of his credibility.

The Tribunal found that the applicant was merely attempting to re-argue his case and disagreed with the outcome, which does not meet the strict criteria for reconsideration under the Tribunal's Rules.

The request for reconsideration was denied.

Pooya Pakarian v. University of Toronto, 2012 HRTO 560

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 16, 2012

Human rights application dismissed as abandoned after applicant's death and estate's failure to communicate.

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

The respondent subsequently advised the Tribunal that the applicant was deceased.

The Tribunal directed the applicant's estate to confirm its intention to pursue the application, warning that failure to do so would result in dismissal.

Having received no communication from the estate, the Tribunal dismissed the application as abandoned.

The Estate of Edward Andrew v. Mid Ontario Diesel Ltd., 2012 HRTO 553

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 15, 2012

Human rights application dismissed for lack of jurisdiction as no Code-related discrimination was alleged.

The applicant filed an application alleging reprisal but did not identify any incidents of Code-related discrimination or harassment.

The Tribunal issued a Notice of Intent to Dismiss, requiring the applicant to explain how the issues raised might be covered by the Human Rights Code.

The applicant did not respond.

The Tribunal dismissed the application for lack of jurisdiction, noting it does not have a general power to inquire into claims of unfairness outside the specific areas and grounds listed in the Code.

Jacqueline D’Santos v. Service Employees International Union Local 1 Canada, 2012 HRTO 546

Seann McAleese

9 cases1999–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 8, 2012

Human rights application dismissed as out of time; applicant failed to establish good faith delay.

The applicant, a former police officer, filed a human rights application alleging discrimination on the basis of disability (drug dependency) during his employment.

The application was filed more than one year after the last alleged incident of discrimination.

The Tribunal held a preliminary hearing to determine if the delay was incurred in good faith.

The Tribunal found that the applicant failed to provide a good faith explanation for the delay between his discharge from a residential treatment program and the filing of the application.

The application was dismissed as out of time.

Jeffrey Servos v. Brantford Police Services Board, 2012 HRTO 499

Joseph Cohen-Lyons

Practising Law - Employed6 cases2012–2026

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 7, 2012

Harassment and reprisal claims dismissed for lacking Code grounds; disability discrimination claims allowed to proceed.

The applicant filed a human rights application alleging harassment, reprisal, and discrimination on the basis of disability following the termination of her employment.

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

The Tribunal dismissed the harassment and reprisal claims, finding that the alleged harassment was not based on any Code-protected grounds.

However, the Tribunal allowed the allegations of discrimination on the basis of disability regarding the applicant's sick leave and termination to proceed.

Kelly v. Humber River Regional Hospital, 2012 HRTO 475

Zoya Trofimenko

Practising Law - Employed10 cases2007–2016

Melissa Kronick

19 cases1994–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 5, 2012

Human rights application dismissed for no reasonable prospect of success due to lack of evidence and a signed release.

The applicant filed a human rights application alleging reprisal and discrimination on the basis of race, colour, and place of origin following his termination and a report made to the College of Nurses.

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

The Tribunal found that the mandatory report to the College did not constitute reprisal and that the applicant provided no evidence to support his claims of discrimination.

Furthermore, the applicant had previously signed a full and final release as part of a grievance settlement, barring further claims.

The application was dismissed.

Kenute White v. Bendale Acres Long Term Care Homes and Services, 2012 HRTO 460

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 27, 2012

Human rights application deferred pending completion of concurrent union grievance process.

The applicant filed a human rights application alleging discrimination by his employer.

The respondent requested that the application be deferred because the applicant's union had filed a grievance concerning the same facts and issues.

The Tribunal deferred the application pending the completion of the grievance process, noting that grievance arbitrators have the authority to enforce human rights obligations and that deferral is the normal approach when concurrent proceedings raise the same issues.

Martin Kreston v. Metro Ontario Inc., 2012 HRTO 408

Osborne Barnwell

24 cases2000–2025

Michelle Henry

10 cases2009–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 17, 2012

Tribunal declines to dismiss discrimination application at summary hearing stage and removes personal respondent.

The applicant filed a human rights application alleging discrimination in employment on the basis of race, ancestry, ethnic origin, place of origin, age, and reprisal, following the termination of her employment.

The respondent claimed the termination was due to funding cuts.

At a summary hearing, the Tribunal found that the applicant's allegations, if proven, could establish a connection to the Code, and therefore declined to dismiss the application for having no reasonable prospect of success.

The Tribunal also removed one personal respondent and declined to add another, noting the corporate respondent accepted full liability for their actions.

Tran v. YMCA of Greater Toronto, 2012 HRTO 351

Brian Cook

Insurance companies removed as respondents from employment discrimination application; applicant directed to arrange teleconference.

The applicant filed a human rights application alleging discrimination in employment against his former employer, LifeMark, and two insurance companies.

The insurance companies requested to be removed as respondents.

The Tribunal granted the request, finding no allegations of Code-related discrimination against the insurance companies, as they did not impose the allegedly discriminatory requirement regarding the applicant's medical degree.

The Tribunal also addressed the applicant's request for an expedited in-person summary hearing due to a potential relocation, directing him to provide contact information for a teleconference or waive his right to oral submissions.

Reyes v. LifeMark Health Management Inc., 2012 HRTO 289

Clifford Hart

19 cases2007–2019

Anthony Dale

6 cases2011–2015

Brian Cook

Tribunal allows amendment of human rights application to include earlier and later events.

The applicant sought to amend his human rights application regarding a modified work program to include allegations about events prior to October 2008 and after October 2009.

The Tribunal permitted the applicant to raise allegations from February 2008 onwards, finding they constituted a series of events under section 34 of the Code.

The Tribunal also allowed the amendment for the period from October 2009 to September 2011, as the new allegations were factually connected to the original application.

Carter v. Chrysler Canada Inc, 2012 HRTO 283

Brian Cook

In Private Practice8 cases2000–2022

Tribunal denies applicant's document disclosure requests and defers decision on calling additional witnesses.

The applicant in a human rights application alleging discrimination based on sexual orientation and ethnic origin sought disclosure of various documents and proposed to call numerous co-workers as witnesses.

The Tribunal denied the document disclosure requests, finding the requested records were either irrelevant or inherently personal to non-parties.

The Tribunal deferred the decision on additional witnesses, directing that the hearing would commence with testimony from the applicant and the personal respondent before determining if further witnesses were necessary.

Brian Fernandes v. Meloche Monnex Financial Services and Stephanie Sorenson, 2012 HRTO 256

Mathew Mihailovich

2 cases2012–2012

Carmine Tiano

Brian Cook

In Private Practice27 cases2012–2025

Human rights application deferred pending final decision of WSIB Appeals Resolution Officer on overlapping issues.

The applicant filed a human rights application alleging failure to accommodate her work-related back injury and discriminatory termination.

The respondents sought to defer the application because the applicant had an ongoing claim before the Workplace Safety and Insurance Board (WSIB) Appeals Resolution Officer regarding the same injury and return-to-work issues.

The Tribunal found a substantial overlap between the issues in the two proceedings, particularly regarding the nature of the disability and accommodation.

The Tribunal ordered the application deferred until the WSIB Appeals Resolution Officer issues a final decision.

Seecharran v. Keybrand Foods Inc., 2012 HRTO 252

Bradley Chaplick

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 30, 2012

Human rights application alleging discrimination and reprisal by condominium board dismissed at summary hearing.

The applicant, a former condominium board member, alleged discrimination on the basis of race, colour, ancestry, place of origin, and ethnic origin, as well as reprisal for filing the human rights application.

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

The Tribunal found no evidence linking the alleged unfair treatment by the condominium board to any Code-protected ground.

The reprisal claim was also dismissed, as the board's disclosure of the application to the membership was not a reprisal, and the applicant's failure to be re-elected was the result of a membership vote, not an action by the respondents.

The application was dismissed.

Kanagaratnam Ragulan v. Toronto Standard Condominium Corporation No. 1989 and Maxine Straker, 2012 HRTO 218

Erin Porter

In Private Practice15 cases2012–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 6, 2012

Summary hearing dismisses most discrimination and reprisal claims due to prior settlements, allowing one accommodation issue.

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

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

The Tribunal dismissed the allegations of failure to accommodate prior to the application date, finding they were barred by previous binding settlements.

The Tribunal also dismissed the reprisal allegations for lack of evidence.

However, the Tribunal allowed the application to proceed regarding a specific allegation of failure to accommodate that occurred in October 2010, after the application was filed.

Vassell v. Revera Long Term Care Inc., 2012 HRTO 30

Dara Lambe

6 cases2010–2025

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 30, 2011

Human rights application dismissed at summary hearing for lacking a reasonable prospect of success.

The applicant filed an application alleging discrimination in services on the basis of disability, claiming the respondent ophthalmologist purposely failed to fully complete an ODSP medical transportation form.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect that the applicant could prove the incomplete form, alleged rudeness of staff, or medical treatment decisions were connected to the applicant's disability.

Fisher v. Sheidow, 2011 HRTO 2332

Paul Champ

11 cases2010–2026

Karen A. Jensen

2 cases2011–2014

Anne Levesque

8 cases2010–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 20, 2011

Three personal respondents removed from human rights application where corporate respondent accepted vicarious liability.

The applicant, a medical resident, filed a human rights application against the University of Ottawa and four doctors, alleging discrimination on the basis of race, colour, place of origin, citizenship, and ethnic origin.

The respondents requested the removal of the personal respondents, arguing the University accepted full liability for their actions as its agents.

The Tribunal removed three of the doctors whose involvement was limited to their official capacities and who were not alleged to have engaged in personal discriminatory conduct.

The Tribunal declined to remove the fourth doctor at this stage, as the applicant alleged she made personal discriminatory comments, which could warrant a specific remedy against her if proven.

Agila v. University of Ottawa, 2011 HRTO 2275

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 14, 2011

Request to reactivate deferred human rights application dismissed pending completion of related grievance arbitration.

The applicant requested the reactivation of her human rights application, which had been deferred pending the completion of a related grievance procedure.

The applicant argued that the grievance procedure would not necessarily address the human rights issues raised.

The Tribunal dismissed the request, noting that an arbitrator had been appointed for the grievance and would be in the best position to address the complex workplace allegations.

Kimberly Therrien v. Canadian Red Cross Society and Nora Nelson, 2011 HRTO 2248

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Marty BurkeSelf-represented
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Gilbert McIntyreSelf-represented
1 appearance

On his own behalf

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

Respondent

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

Respondents

Jinan KubursiCounsel
1 appearance

Self-represented

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

The Applicant

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

The Intervenor

Victor YeeCounsel
1 appearance

The Respondent

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

Peikang DaiCounsel
1 appearance

757

Decisions

Years active

Tribunals

3.6

cases/mo

HRTO706(93%)

OCAT51(7%)

Decision types

motion

648

trial

109

/Adjudicator

Brian Cook — Member

Human Rights

Employment and Labour Law

Administrative Law

Other Tribunals

Real Estate Law

Workplace Safety and Insurance Law

Workers' Compensation

Landlord and Tenant

Health Law

ADR/Mediation Services

Brian Cook

Member·Condominium Authority Tribunal·Since 2008

OCAT HRTO

757

cases · 19 yrs · HRTO, OCAT

Trial

Motion

Costs

Appeal

Sentencing

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

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 21, 2012

Human rights application deferred pending completion of related union grievance arbitration.

The applicant filed a human rights application alleging a failure to accommodate his disability and wrongful termination.

The applicant's union had also filed grievances based on the same factual background, which were referred to arbitration.

The Tribunal issued a Notice of Intent to Defer.

The respondents agreed with deferral, while the applicant opposed it out of concern that his human rights issues would not be addressed.

The Tribunal deferred the application pending the completion of the grievance process, noting that grievance arbitrators have the authority and responsibility to enforce human rights statutes.

Byrnes v. Dupont Canada, 2012 HRTO 556

Sara Erskine

8 cases2006–2013

Ryan Conlin

6 cases2011–2013

Brian Cook

Application against union dismissed for no reasonable prospect of success; employer personal respondents removed.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability and reprisal against her employer, her union, and several personal respondents.

The Tribunal declined to defer the matter to the WSIB as there were no ongoing proceedings.

Finally, the Tribunal removed the employer personal respondents because the corporate respondents accepted vicarious liability for their actions.

Carrie Patrick v. The Corporation of Norfolk County and Norview Lodge, 2012 HRTO 566

Brian Cook

Human rights application deferred pending resolution of related appeal before the Minister of Natural Resources.

The applicant filed a human rights application alleging discrimination after the respondent conservation authority denied permission to build on his property.

The respondent requested that the Tribunal defer the application because the applicant had already appealed the underlying decision to the Minister of Natural Resources.

The Tribunal found that the central issue in both proceedings was whether the applicant was entitled to build on the property.

To avoid concurrent proceedings and the risk of inconsistent decisions, the Tribunal deferred the human rights application pending the conclusion of the appeal process.

Alex Gilmor v. Nottawasaga Valley Conservation Authority, 2012 HRTO 561

Brian Cook

Reconsideration request denied as applicant merely sought to re-argue the dismissed human rights application.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application for failing to establish a prima facie case of discrimination and harassment.

The applicant raised several procedural and substantive complaints, including confusion over the hearing's purpose, the Vice-chair's status after resigning, and the assessment of his credibility.

The request for reconsideration was denied.

Pooya Pakarian v. University of Toronto, 2012 HRTO 560

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 16, 2012

Human rights application dismissed as abandoned after applicant's death and estate's failure to communicate.

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

The respondent subsequently advised the Tribunal that the applicant was deceased.

The Tribunal directed the applicant's estate to confirm its intention to pursue the application, warning that failure to do so would result in dismissal.

Having received no communication from the estate, the Tribunal dismissed the application as abandoned.

The Estate of Edward Andrew v. Mid Ontario Diesel Ltd., 2012 HRTO 553

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 15, 2012

Human rights application dismissed for lack of jurisdiction as no Code-related discrimination was alleged.

The applicant filed an application alleging reprisal but did not identify any incidents of Code-related discrimination or harassment.

The Tribunal issued a Notice of Intent to Dismiss, requiring the applicant to explain how the issues raised might be covered by the Human Rights Code.

The applicant did not respond.

Jacqueline D’Santos v. Service Employees International Union Local 1 Canada, 2012 HRTO 546

Seann McAleese

9 cases1999–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 8, 2012

Human rights application dismissed as out of time; applicant failed to establish good faith delay.

The applicant, a former police officer, filed a human rights application alleging discrimination on the basis of disability (drug dependency) during his employment.

The application was filed more than one year after the last alleged incident of discrimination.

The Tribunal held a preliminary hearing to determine if the delay was incurred in good faith.

The Tribunal found that the applicant failed to provide a good faith explanation for the delay between his discharge from a residential treatment program and the filing of the application.

The application was dismissed as out of time.

Jeffrey Servos v. Brantford Police Services Board, 2012 HRTO 499

Joseph Cohen-Lyons

Practising Law - Employed6 cases2012–2026

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 7, 2012

Harassment and reprisal claims dismissed for lacking Code grounds; disability discrimination claims allowed to proceed.

The applicant filed a human rights application alleging harassment, reprisal, and discrimination on the basis of disability following the termination of her employment.

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

The Tribunal dismissed the harassment and reprisal claims, finding that the alleged harassment was not based on any Code-protected grounds.

However, the Tribunal allowed the allegations of discrimination on the basis of disability regarding the applicant's sick leave and termination to proceed.

Kelly v. Humber River Regional Hospital, 2012 HRTO 475

Zoya Trofimenko

Practising Law - Employed10 cases2007–2016

Melissa Kronick

19 cases1994–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 5, 2012

Human rights application dismissed for no reasonable prospect of success due to lack of evidence and a signed release.

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

The Tribunal found that the mandatory report to the College did not constitute reprisal and that the applicant provided no evidence to support his claims of discrimination.

Furthermore, the applicant had previously signed a full and final release as part of a grievance settlement, barring further claims.

The application was dismissed.

Kenute White v. Bendale Acres Long Term Care Homes and Services, 2012 HRTO 460

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 27, 2012

Human rights application deferred pending completion of concurrent union grievance process.

The applicant filed a human rights application alleging discrimination by his employer.

The respondent requested that the application be deferred because the applicant's union had filed a grievance concerning the same facts and issues.

Martin Kreston v. Metro Ontario Inc., 2012 HRTO 408

Osborne Barnwell

24 cases2000–2025

Michelle Henry

10 cases2009–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 17, 2012

Tribunal declines to dismiss discrimination application at summary hearing stage and removes personal respondent.

The respondent claimed the termination was due to funding cuts.

The Tribunal also removed one personal respondent and declined to add another, noting the corporate respondent accepted full liability for their actions.

Tran v. YMCA of Greater Toronto, 2012 HRTO 351

Brian Cook

Insurance companies removed as respondents from employment discrimination application; applicant directed to arrange teleconference.

The applicant filed a human rights application alleging discrimination in employment against his former employer, LifeMark, and two insurance companies.

The insurance companies requested to be removed as respondents.

Reyes v. LifeMark Health Management Inc., 2012 HRTO 289

Clifford Hart

19 cases2007–2019

Anthony Dale

6 cases2011–2015

Brian Cook

Tribunal allows amendment of human rights application to include earlier and later events.

The applicant sought to amend his human rights application regarding a modified work program to include allegations about events prior to October 2008 and after October 2009.

The Tribunal permitted the applicant to raise allegations from February 2008 onwards, finding they constituted a series of events under section 34 of the Code.

The Tribunal also allowed the amendment for the period from October 2009 to September 2011, as the new allegations were factually connected to the original application.

Carter v. Chrysler Canada Inc, 2012 HRTO 283

Brian Cook

In Private Practice8 cases2000–2022

Tribunal denies applicant's document disclosure requests and defers decision on calling additional witnesses.

The Tribunal denied the document disclosure requests, finding the requested records were either irrelevant or inherently personal to non-parties.

Brian Fernandes v. Meloche Monnex Financial Services and Stephanie Sorenson, 2012 HRTO 256

Mathew Mihailovich

2 cases2012–2012

Carmine Tiano

Brian Cook

In Private Practice27 cases2012–2025

Human rights application deferred pending final decision of WSIB Appeals Resolution Officer on overlapping issues.

The applicant filed a human rights application alleging failure to accommodate her work-related back injury and discriminatory termination.

The Tribunal found a substantial overlap between the issues in the two proceedings, particularly regarding the nature of the disability and accommodation.

The Tribunal ordered the application deferred until the WSIB Appeals Resolution Officer issues a final decision.

Seecharran v. Keybrand Foods Inc., 2012 HRTO 252

Bradley Chaplick

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 30, 2012

Human rights application alleging discrimination and reprisal by condominium board dismissed at summary hearing.

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

The Tribunal found no evidence linking the alleged unfair treatment by the condominium board to any Code-protected ground.

The application was dismissed.

Kanagaratnam Ragulan v. Toronto Standard Condominium Corporation No. 1989 and Maxine Straker, 2012 HRTO 218

Erin Porter

In Private Practice15 cases2012–2021

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 6, 2012

Summary hearing dismisses most discrimination and reprisal claims due to prior settlements, allowing one accommodation issue.

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

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

The Tribunal dismissed the allegations of failure to accommodate prior to the application date, finding they were barred by previous binding settlements.

The Tribunal also dismissed the reprisal allegations for lack of evidence.

However, the Tribunal allowed the application to proceed regarding a specific allegation of failure to accommodate that occurred in October 2010, after the application was filed.

Vassell v. Revera Long Term Care Inc., 2012 HRTO 30

Dara Lambe

6 cases2010–2025

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 30, 2011

Human rights application dismissed at summary hearing for lacking a reasonable prospect of success.

Fisher v. Sheidow, 2011 HRTO 2332

Paul Champ

11 cases2010–2026

Karen A. Jensen

2 cases2011–2014

Anne Levesque

8 cases2010–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 20, 2011

Three personal respondents removed from human rights application where corporate respondent accepted vicarious liability.

The respondents requested the removal of the personal respondents, arguing the University accepted full liability for their actions as its agents.

The Tribunal removed three of the doctors whose involvement was limited to their official capacities and who were not alleged to have engaged in personal discriminatory conduct.

The Tribunal declined to remove the fourth doctor at this stage, as the applicant alleged she made personal discriminatory comments, which could warrant a specific remedy against her if proven.

Agila v. University of Ottawa, 2011 HRTO 2275

Brian Cook