Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 5, 2011

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

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

The respondents requested that the Tribunal defer consideration of the application pending the completion of an ongoing union grievance proceeding dealing with the same facts and human rights issues.

The applicant did not object to the deferral request.

The Tribunal granted the request and deferred the application pending the conclusion of the grievance process.

Marcia Gleiberman v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Government Services and Eric Cohen, 2011 HRTO 1805

Human rights allegations prior to March 2007 dismissed for delay; applicant ordered to provide particulars.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, specifically challenging the employer's Modified Work Program which subjected him to temporary layoffs due to his permanent medical restrictions.

The respondents requested particulars and sought to dismiss allegations relating to periods before October 2008 due to delay.

The Tribunal dismissed allegations prior to March 2007 for delay, finding no series of incidents connecting them to later events and no good faith explanation for the delay.

The applicant was ordered to provide a detailed chronology and particulars for the period from March 2007 to October 2009.

The applicant's request for further disclosure of documents was dismissed.

George Carter v. Chrysler Canada Inc. and National Automobile Transportation and General Workers Union of Canada (CAW-Canada), 2011 HRTO 1732

Seann McAleese

9 cases1999–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 16, 2011

Human rights application partially dismissed as abuse of process where applicant resigned via criminal plea bargain.

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

He had previously resigned his employment as part of a plea bargain resolving criminal charges.

The respondent requested dismissal, arguing the application was an abuse of process.

The Tribunal held that it would be an abuse of process to allow the application to proceed regarding the end of his employment, as it would undermine the court-sanctioned plea bargain.

However, the Tribunal found the plea bargain did not preclude claims regarding the employer's alleged failure to accommodate his disability during his employment.

A further hearing was ordered to address the issue of delay in filing the application.

Jeffrey Servos v. Brantford Police Services Board, 2011 HRTO 1705

Brian Cook

Human rights application dismissed after applicant failed to provide required particulars of alleged discrimination.

The applicant filed an application alleging discrimination in the provision of police services on the basis of disability (deafness).

The respondent requested the application be dismissed for lack of details.

The Tribunal issued a Case Assessment Direction requiring the applicant to provide particulars by a specified date.

The applicant failed to respond, and the Tribunal dismissed the application as it did not include allegations it had the power to deal with.

Mark Wilson v. Her Majesty the Queen in right of Ontario as represented by the Ministry of Community Safety and Correctional Services, 2011 HRTO 1599

Brian Cook

Tribunal resolves pre-hearing motions regarding limitation periods and document production in human rights application.

The Human Rights Tribunal of Ontario issued an interim decision addressing pre-hearing requests for orders from both parties.

The respondents sought to strike allegations predating the one-year limitation period, which the Tribunal denied, allowing the historical evidence to provide background and context.

The Tribunal also addressed the applicant's request for document production, ordering the respondents to facilitate the release of a therapy record while deferring other document requests until after the applicant's evidence at the hearing.

Fernandes v. Meloche Monnex Financial Services Inc., 2011 HRTO 1595

Anita Lyon

13 cases1987–2013

Brian Cook

Human rights application against legal support centre dismissed for having no reasonable prospect of success.

The applicant filed an application alleging that the Human Rights Legal Support Centre (HRLSC) and the Government of Ontario discriminated against him by refusing to provide legal services.

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

The Tribunal found that the Government of Ontario could not be held liable because the HRLSC is an independent corporation.

Furthermore, the Tribunal found that the HRLSC's refusal of services was due to a temporary conflict of interest, with no apparent connection to any Code-protected grounds.

The application was dismissed.

Forde v. Human Rights Legal Support Centre, 2011 HRTO 1594

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 28, 2011

Human rights application deferred pending conclusion of related grievance arbitration to avoid concurrent proceedings.

The applicant, a non-unionized member of the Ontario Public Service, filed a human rights application alleging discrimination and harassment in employment.

The respondents filed a Request for Order During Proceedings seeking to defer the application pending the conclusion of a related grievance arbitration before the Public Service Grievance Board.

The Tribunal found that despite the applicant's arguments regarding differing timeframes and the arbitrator's jurisdiction, there was significant overlap in the facts and issues between the two proceedings.

To avoid concurrent proceedings and the possibility of inconsistent decisions, the Tribunal granted the request and deferred the application pending the completion of the grievance process.

Achampong v. Ontario (Government Services), 2011 HRTO 1417

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 27, 2011

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

The applicant filed a human rights application regarding issues that were also the subject of an ongoing union grievance.

The Tribunal issued a Notice of Intent to Defer.

The respondents supported deferral, while the applicant and union did not file submissions.

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 favours the orderly administration of justice.

Gary Boyles v. Metro Ontario Inc. and Dana Jasinski, 2011 HRTO 1405

Meighan Ferris-Miles

Not Practising Law - Employed8 cases2008–2013

Brian Cook

Human rights application against employer's law firm dismissed for lack of jurisdiction; claims against employer proceed.

The applicant filed a human rights application alleging discrimination on the basis of disability and reprisal against his employer and the employer's law firm.

The Tribunal issued a Notice of Intent to Dismiss to address issues of delay, failure to identify specific acts of discrimination, and jurisdiction over the law firm.

The Tribunal found it was not plain and obvious that the application should be dismissed for delay or failure to identify specific acts of discrimination against the employer.

However, the Tribunal dismissed the application against the law firm, finding that a lawyer acting for an opposing party does not provide a service to the applicant within the meaning of the Code.

Woods v. BMO Nesbitt Burns, 2011 HRTO 1396

Brian Cook

Human rights application dismissed due to applicant's failure to attend the scheduled hearing.

The applicant filed an application alleging discrimination in employment contrary to the Human Rights Code.

A hearing was scheduled, but the applicant failed to attend.

The Tribunal was satisfied that the applicant had proper notice of the hearing.

Consequently, the application was dismissed.

Dean v. Fernades, 2011 HRTO 1387

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 25, 2011

Request to proceed with deferred human rights application granted on consent.

The applicant filed a request to proceed with her previously deferred human rights application under Rule 14.3.

The respondent agreed with the request.

The Tribunal granted the request to proceed and directed the Registrar to schedule a mediation session, as both parties indicated an interest in mediation.

Anderson v. Stieber Berlach LLP, 2011 HRTO 1391

Brian Cook

Human rights application dismissed for abuse of process after applicant repeatedly failed to comply with directions.

The applicant filed a human rights application alleging discrimination in goods and services on the basis of disability, claiming the respondents refused to sell him a medical scooter after he disclosed mental health issues.

Following a summary hearing, the Tribunal directed the applicant to provide additional information about his allegations.

The applicant failed to comply with multiple deadlines and requested indefinite extensions without adequate explanation.

The Tribunal dismissed the application as abandoned, finding the applicant's failure to comply with directions and extensive delay constituted an abuse of process.

Zvonimir Basic v. Home Medical Equipment Ltd. and Don Hovis, 2011 HRTO 1346

Brian Cook

Human rights application regarding union dues deduction dismissed for lack of jurisdiction.

The applicant filed an application alleging that union dues were improperly deducted from his paycheque by an employment agency.

The Tribunal issued a Notice of Intent to Dismiss because the application did not identify any specific acts of discrimination connected to a protected ground under the Human Rights Code.

The Tribunal found it lacked jurisdiction to deal with general allegations of unfairness regarding union dues deductions and dismissed the application.

Ha Phuoc On v. Stephen Morrison, 2011 HRTO 1345

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 12, 2011

Human rights application deferred pending conclusion of concurrent OLRB unfair labour practice proceeding.

The applicant filed a human rights application alleging discrimination in employment.

The respondent requested that the Tribunal defer the application because the applicant was part of a group that had filed an unfair labour practice application with the Ontario Labour Relations Board (OLRB) based on similar facts and issues.

The Tribunal granted the request and deferred the application pending the conclusion of the OLRB proceeding, noting that it generally defers applications where there is an ongoing legal proceeding based on the same facts and issues.

Khalid Khalil v. Oakville United Taxi Ltd., 2011 HRTO 1326

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 29, 2011

Applicant's request for indefinite time extension and to add a respondent denied; one-week extension granted.

The applicant requested an indefinite extension of time to file additional information required by a previous interim decision, citing an urgent out-of-province legal matter.

The applicant also requested to add a new personal respondent.

The Tribunal denied the indefinite extension request, finding the explanation inadequate, but granted a one-week extension.

The request to add a respondent was denied due to the applicant's failure to provide the required information.

Basic v. Home Medical Equipment Ltd., 2011 HRTO 1249

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 10, 2011

Human rights application deferred pending resolution of concurrent civil and criminal proceedings.

The applicant, who self-identifies as a Christian Naturist, alleged discrimination on the grounds of creed and reprisal.

The respondent requested that the application be deferred pending the resolution of concurrent civil and criminal proceedings involving the applicant.

The Tribunal found that there was substantial overlap between the issues before the Courts and the Tribunal, and deferred further consideration of the application to avoid inconsistent decisions.

Coldin v. Ontario Provincial Police, 2011 HRTO 1137

Paul Mathews

1 case2011–2011

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 31, 2011

Application dismissed; Tribunal lacks jurisdiction to hear standalone Charter claims after Code allegations abandoned.

The applicant, a teacher, filed a human rights application alleging discrimination and reprisal after he was reprimanded for not attending a Remembrance Day ceremony.

At a summary hearing, the applicant abandoned his Human Rights Code allegations and instead sought to argue that his Charter right to freedom of conscience was violated and that he was protected by the Remembrance Day Observance Act.

The Tribunal dismissed the application, holding that it lacks general jurisdiction to decide Charter issues or interpret other statutes when there is no longer a Code-related issue before it.

Andrew Wilson v. Toronto Catholic School Board, Ann Perron and Rosanna Topea, 2011 HRTO 1040

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 30, 2011

Human rights applications deferred pending resolution of identical factual issues before the Health Professions Appeal and Review Board.

The respondents requested that the Human Rights Tribunal of Ontario defer consideration of two related applications pending the resolution of proceedings before the Health Professions Appeal and Review Board.

The Tribunal noted that the factual circumstances before the Board were identical to those raised in the applications.

To avoid concurrent proceedings and the possibility of inconsistent decisions, the Tribunal deferred further consideration of the applications until the Board's proceedings are resolved.

Griffith v. Hurst, 2011 HRTO 1019

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 27, 2011

Reconsideration request denied; applicant failed to establish new evidence or unfairness justifying reopening the delay decision.

The applicant requested reconsideration of an Interim Decision that dismissed his human rights application against the City of Thunder Bay for being filed outside the one-year time limit.

The applicant argued that the delay was incurred in good faith, citing new evidence of health problems and involvement in another legal proceeding, and claimed unfairness because the Tribunal relied on a case released after his application was filed.

The Tribunal denied the request, finding that the new information should have been provided in the original submissions and that there was no unfairness in relying on established jurisprudence.

The request for reconsideration was dismissed.

Woodbeck v. Thunder Bay (City), 2011 HRTO 1010

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 18, 2011

Human rights application deferred pending resolution of ongoing grievance proceeding on the same issues.

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

The respondent employer requested that the Tribunal defer consideration of the application pending the resolution of an ongoing grievance proceeding dealing with the same issues.

The Tribunal granted the request and deferred the application, noting its general practice to defer applications where there is an ongoing grievance based on the same facts and issues.

Ambrose Zychowicz v. Canadian Auto Workers, Local 707 and Ford Motor Company of Canada, 2011 HRTO 964

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

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 5, 2011

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

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

The respondents requested that the Tribunal defer consideration of the application pending the completion of an ongoing union grievance proceeding dealing with the same facts and human rights issues.

The applicant did not object to the deferral request.

The Tribunal granted the request and deferred the application pending the conclusion of the grievance process.

Marcia Gleiberman v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Government Services and Eric Cohen, 2011 HRTO 1805

Clifford Hart

19 cases2007–2019

Anthony Dale

6 cases2011–2015

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 20, 2011

Human rights allegations prior to March 2007 dismissed for delay; applicant ordered to provide particulars.

The respondents requested particulars and sought to dismiss allegations relating to periods before October 2008 due to delay.

The Tribunal dismissed allegations prior to March 2007 for delay, finding no series of incidents connecting them to later events and no good faith explanation for the delay.

The applicant was ordered to provide a detailed chronology and particulars for the period from March 2007 to October 2009.

The applicant's request for further disclosure of documents was dismissed.

George Carter v. Chrysler Canada Inc. and National Automobile Transportation and General Workers Union of Canada (CAW-Canada), 2011 HRTO 1732

Seann McAleese

9 cases1999–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 16, 2011

Human rights application partially dismissed as abuse of process where applicant resigned via criminal plea bargain.

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

He had previously resigned his employment as part of a plea bargain resolving criminal charges.

The respondent requested dismissal, arguing the application was an abuse of process.

The Tribunal held that it would be an abuse of process to allow the application to proceed regarding the end of his employment, as it would undermine the court-sanctioned plea bargain.

However, the Tribunal found the plea bargain did not preclude claims regarding the employer's alleged failure to accommodate his disability during his employment.

A further hearing was ordered to address the issue of delay in filing the application.

Jeffrey Servos v. Brantford Police Services Board, 2011 HRTO 1705

Brian Cook

Human rights application dismissed after applicant failed to provide required particulars of alleged discrimination.

The applicant filed an application alleging discrimination in the provision of police services on the basis of disability (deafness).

The respondent requested the application be dismissed for lack of details.

The Tribunal issued a Case Assessment Direction requiring the applicant to provide particulars by a specified date.

The applicant failed to respond, and the Tribunal dismissed the application as it did not include allegations it had the power to deal with.

Mark Wilson v. Her Majesty the Queen in right of Ontario as represented by the Ministry of Community Safety and Correctional Services, 2011 HRTO 1599

Brian Cook

Tribunal resolves pre-hearing motions regarding limitation periods and document production in human rights application.

The Human Rights Tribunal of Ontario issued an interim decision addressing pre-hearing requests for orders from both parties.

The respondents sought to strike allegations predating the one-year limitation period, which the Tribunal denied, allowing the historical evidence to provide background and context.

Fernandes v. Meloche Monnex Financial Services Inc., 2011 HRTO 1595

Anita Lyon

13 cases1987–2013

Brian Cook

Human rights application against legal support centre dismissed for having no reasonable prospect of success.

The applicant filed an application alleging that the Human Rights Legal Support Centre (HRLSC) and the Government of Ontario discriminated against him by refusing to provide legal services.

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

The Tribunal found that the Government of Ontario could not be held liable because the HRLSC is an independent corporation.

Furthermore, the Tribunal found that the HRLSC's refusal of services was due to a temporary conflict of interest, with no apparent connection to any Code-protected grounds.

The application was dismissed.

Forde v. Human Rights Legal Support Centre, 2011 HRTO 1594

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 28, 2011

Human rights application deferred pending conclusion of related grievance arbitration to avoid concurrent proceedings.

The applicant, a non-unionized member of the Ontario Public Service, filed a human rights application alleging discrimination and harassment in employment.

The respondents filed a Request for Order During Proceedings seeking to defer the application pending the conclusion of a related grievance arbitration before the Public Service Grievance Board.

To avoid concurrent proceedings and the possibility of inconsistent decisions, the Tribunal granted the request and deferred the application pending the completion of the grievance process.

Achampong v. Ontario (Government Services), 2011 HRTO 1417

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 27, 2011

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

The applicant filed a human rights application regarding issues that were also the subject of an ongoing union grievance.

The Tribunal issued a Notice of Intent to Defer.

The respondents supported deferral, while the applicant and union did not file submissions.

Gary Boyles v. Metro Ontario Inc. and Dana Jasinski, 2011 HRTO 1405

Meighan Ferris-Miles

Not Practising Law - Employed8 cases2008–2013

Brian Cook

Human rights application against employer's law firm dismissed for lack of jurisdiction; claims against employer proceed.

The applicant filed a human rights application alleging discrimination on the basis of disability and reprisal against his employer and the employer's law firm.

The Tribunal issued a Notice of Intent to Dismiss to address issues of delay, failure to identify specific acts of discrimination, and jurisdiction over the law firm.

The Tribunal found it was not plain and obvious that the application should be dismissed for delay or failure to identify specific acts of discrimination against the employer.

However, the Tribunal dismissed the application against the law firm, finding that a lawyer acting for an opposing party does not provide a service to the applicant within the meaning of the Code.

Woods v. BMO Nesbitt Burns, 2011 HRTO 1396

Brian Cook

Human rights application dismissed due to applicant's failure to attend the scheduled hearing.

The applicant filed an application alleging discrimination in employment contrary to the Human Rights Code.

A hearing was scheduled, but the applicant failed to attend.

The Tribunal was satisfied that the applicant had proper notice of the hearing.

Consequently, the application was dismissed.

Dean v. Fernades, 2011 HRTO 1387

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 25, 2011

Request to proceed with deferred human rights application granted on consent.

The applicant filed a request to proceed with her previously deferred human rights application under Rule 14.3.

The respondent agreed with the request.

The Tribunal granted the request to proceed and directed the Registrar to schedule a mediation session, as both parties indicated an interest in mediation.

Anderson v. Stieber Berlach LLP, 2011 HRTO 1391

Brian Cook

Human rights application dismissed for abuse of process after applicant repeatedly failed to comply with directions.

Following a summary hearing, the Tribunal directed the applicant to provide additional information about his allegations.

The applicant failed to comply with multiple deadlines and requested indefinite extensions without adequate explanation.

The Tribunal dismissed the application as abandoned, finding the applicant's failure to comply with directions and extensive delay constituted an abuse of process.

Zvonimir Basic v. Home Medical Equipment Ltd. and Don Hovis, 2011 HRTO 1346

Brian Cook

Human rights application regarding union dues deduction dismissed for lack of jurisdiction.

The applicant filed an application alleging that union dues were improperly deducted from his paycheque by an employment agency.

The Tribunal issued a Notice of Intent to Dismiss because the application did not identify any specific acts of discrimination connected to a protected ground under the Human Rights Code.

The Tribunal found it lacked jurisdiction to deal with general allegations of unfairness regarding union dues deductions and dismissed the application.

Ha Phuoc On v. Stephen Morrison, 2011 HRTO 1345

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 12, 2011

Human rights application deferred pending conclusion of concurrent OLRB unfair labour practice proceeding.

The applicant filed a human rights application alleging discrimination in employment.

Khalid Khalil v. Oakville United Taxi Ltd., 2011 HRTO 1326

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 29, 2011

Applicant's request for indefinite time extension and to add a respondent denied; one-week extension granted.

The applicant requested an indefinite extension of time to file additional information required by a previous interim decision, citing an urgent out-of-province legal matter.

The applicant also requested to add a new personal respondent.

The Tribunal denied the indefinite extension request, finding the explanation inadequate, but granted a one-week extension.

The request to add a respondent was denied due to the applicant's failure to provide the required information.

Basic v. Home Medical Equipment Ltd., 2011 HRTO 1249

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 10, 2011

Human rights application deferred pending resolution of concurrent civil and criminal proceedings.

The applicant, who self-identifies as a Christian Naturist, alleged discrimination on the grounds of creed and reprisal.

The respondent requested that the application be deferred pending the resolution of concurrent civil and criminal proceedings involving the applicant.

The Tribunal found that there was substantial overlap between the issues before the Courts and the Tribunal, and deferred further consideration of the application to avoid inconsistent decisions.

Coldin v. Ontario Provincial Police, 2011 HRTO 1137

Paul Mathews

1 case2011–2011

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 31, 2011

Application dismissed; Tribunal lacks jurisdiction to hear standalone Charter claims after Code allegations abandoned.

The applicant, a teacher, filed a human rights application alleging discrimination and reprisal after he was reprimanded for not attending a Remembrance Day ceremony.

The Tribunal dismissed the application, holding that it lacks general jurisdiction to decide Charter issues or interpret other statutes when there is no longer a Code-related issue before it.

Andrew Wilson v. Toronto Catholic School Board, Ann Perron and Rosanna Topea, 2011 HRTO 1040

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 30, 2011

Human rights applications deferred pending resolution of identical factual issues before the Health Professions Appeal and Review Board.

The Tribunal noted that the factual circumstances before the Board were identical to those raised in the applications.

To avoid concurrent proceedings and the possibility of inconsistent decisions, the Tribunal deferred further consideration of the applications until the Board's proceedings are resolved.

Griffith v. Hurst, 2011 HRTO 1019

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 27, 2011

Reconsideration request denied; applicant failed to establish new evidence or unfairness justifying reopening the delay decision.

The applicant requested reconsideration of an Interim Decision that dismissed his human rights application against the City of Thunder Bay for being filed outside the one-year time limit.

The Tribunal denied the request, finding that the new information should have been provided in the original submissions and that there was no unfairness in relying on established jurisprudence.

The request for reconsideration was dismissed.

Woodbeck v. Thunder Bay (City), 2011 HRTO 1010

Brian Cook