Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 28, 2011

Tribunal declined to defer human rights application after related union grievance was withdrawn.

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

The respondent employer requested that the Tribunal defer consideration of the application because there was an ongoing grievance dealing with the same facts and issues.

The applicant provided evidence that the grievance had been withdrawn without prejudice.

As there was no longer an ongoing grievance procedure, the Tribunal declined to defer the matter and directed that the application continue to be processed.

Narayan v. Honeywell Safety Products, 2011 HRTO 604

Brian Cook

Not Practising Law89 cases2008–2020

Reconsideration request denied as applicant merely sought to re-argue previously considered positions.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application alleging discrimination and reprisal by his former family doctor.

The applicant argued the Tribunal improperly relied on a College of Physicians and Surgeons decision and disagreed with the finding that the doctor-patient relationship ended due to a lack of faith.

The Tribunal denied the request, finding the applicant was merely attempting to re-argue his case without establishing any new facts, evidence, or other grounds for reconsideration under Rule 26.5.

Christianson v. Lai Estate, 2011 HRTO 564

Susan Munn

Brian Cook

Adjournment request denied; request to amend application to add new discrimination grounds granted.

The applicant requested an adjournment of the scheduled hearing due to a broken ankle, and also requested to amend her application to add race, colour, and place of origin as grounds of discrimination.

The Tribunal denied the adjournment request, finding no explanation for why the applicant could not participate with appropriate accommodation.

The Tribunal granted the request to amend the application, noting that the essence of the evidence would remain the same and any prejudice could be addressed at the hearing.

Morris v. Ontario (Finance), 2011 HRTO 563

Osborne Barnwell

24 cases2000–2025

Melissa Kronick

19 cases1994–2014

Kerri Kitchura

21 cases2003–2016

Brian Cook

Human rights application alleging racial discrimination in workplace transfers dismissed for lack of evidence.

The applicant, a Municipal Standards Officer, alleged racial discrimination after being denied a transfer back to his preferred office location.

He claimed that a less senior employee was transferred instead of him due to discrimination.

The Tribunal found that the transfer of the less senior employee was done in accordance with the collective agreement's temporary-to-permanent conversion process, and there was no evidence of racial discrimination.

Other allegations of discrimination were also dismissed as they were either out of time or lacked any connection to the applicant's race.

Alleyne v. Toronto (City), 2011 HRTO 560

Landon Young

13 cases2000–2020

Brian Cook

Human rights application dismissed as abandoned after applicant failed 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 respondents requested that the application be dismissed as abandoned.

Satisfied that the applicant had notice of the hearing, the Tribunal dismissed the application as abandoned.

Salvinu Cassar v. The 3 Brewers and Abdullah Mamun, 2011 HRTO 508

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 1, 2011

Respondents granted extension of time to add witness and documents in response to applicant's late filing.

The applicant filed a witness statement and document list shortly before the scheduled hearing.

In response, the respondents requested an extension of time to file additional documents and add a witness to address the new evidence.

The applicant objected, arguing prejudice.

The Tribunal granted the respondents' request, finding it reasonable given the late notice of the applicant's witness evidence, and noted that any issues of prejudice could be addressed at the hearing.

Giulekas v. Downsview Heating & Air Conditioning, 2011 HRTO 428

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 28, 2011

Adjournment request denied; document production issues to be addressed at the scheduled summary hearing.

The applicant requested an adjournment of a scheduled telephone conference summary hearing, arguing that the respondents failed to produce certain documents as required by a Case Assessment Direction.

The respondents opposed the request.

The Tribunal denied the adjournment, directing that any document production issues be addressed at the outset of the scheduled hearing.

Basic v. Home Medical Equipment, 2011 HRTO 423

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 17, 2011

Human rights application dismissed after applicant failed to attend hearing and provide adequate explanation.

The applicant failed to attend a scheduled summary hearing.

The Tribunal issued an interim decision requiring the applicant to provide a detailed written explanation and medical confirmation for his absence.

The applicant submitted a letter citing medical illness and a fear of criminal harassment charges, but failed to provide the required medical confirmation or detailed explanation.

Consequently, the Tribunal dismissed the application for failure to comply with its directions and failure to provide an adequate explanation for his absence.

McIntyre v. Loblaw Companies Limited, 2011 HRTO 355

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 16, 2011

Human rights application reactivated as ongoing WSIB proceedings did not address the discrimination issues.

The applicant requested the Tribunal reactivate his human rights application, which had been deferred pending the resolution of his WSIB claims.

The respondent opposed reactivation, arguing the WSIB was still dealing with issues related to the applicant's benefits.

The Tribunal found that while the WSIB was still adjudicating benefit entitlements, it was not considering whether the respondent accommodated the applicant's disability or whether his termination was discriminatory.

Accordingly, the Tribunal granted the request to reactivate and resume processing the application.

Paul Masotti v. Bardon Supplies Limited, 2011 HRTO 336

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 15, 2011

Human rights application stayed and hearing adjourned due to respondent's bankruptcy proceedings.

The respondent advised the Tribunal that it had filed a Notice of Intention to Make a Proposal under the Bankruptcy and Insolvency Act.

The Tribunal found that the application was a proceeding against the respondent that must be stayed under section 69(1) of the Act.

The scheduled summary hearing was adjourned, and the respondent was directed to update the Tribunal on the status of the bankruptcy proposal.

Terry Stutsman v. Propak Limited, 2011 HRTO 315

Brian Cook

Request to dismiss human rights application denied as prior ESA proceeding did not address discrimination.

The respondent requested that the human rights application alleging disability discrimination be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the application was dealt with in a prior Employment Standards Act proceeding.

The Tribunal denied the request, finding that the prior proceeding only addressed the applicant's entitlement to termination and vacation pay, and did not deal with the substance of the discrimination allegations.

Ann McCulloch v. Amica at Dundas, 2011 HRTO 248

Brian Cook

Human rights application deferred pending the conclusion of the applicant's concurrent WSIAT appeal.

The respondent requested that the human rights application alleging employment discrimination be deferred pending the outcome of the applicant's appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT).

The Tribunal found that the WSIAT appeal arose from the same factual basis as the human rights application.

To avoid concurrent proceedings and the potential for inconsistent findings, the Tribunal deferred the application until the conclusion of the WSIAT appeal process.

Kazimierz Parda v. Magna International Inc., 2011 HRTO 246

Naomi Loewith

7 cases2009–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 28, 2011

Human rights application dismissed; doctor's termination of care following College complaint was not discriminatory or reprisal.

The applicant alleged that his former family doctor discriminated against him on the basis of disability and engaged in reprisal by terminating the doctor-patient relationship after the applicant filed a complaint with the College of Physicians and Surgeons.

The Tribunal held a summary hearing to determine if there was a factual basis for the allegations.

The Tribunal found that the doctor reasonably terminated the relationship due to a breakdown in trust evidenced by the College complaint, not because of the applicant's disability.

The reprisal claim was also dismissed because the College complaint did not relate to human rights or the Code.

The application was dismissed.

Christianson v. The Estate of Michael Lai, 2011 HRTO 207

Brian Cook

In Private Practice6 cases2009–2016

Request for reconsideration denied as applicant failed to provide new determinative evidence.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application at a summary hearing for having no reasonable prospect of success.

The applicant relied on newspaper articles published after the decision regarding vacancies and operations at the respondent housing corporation.

The Tribunal denied the request, finding that the articles did not constitute new determinative evidence or demonstrate any mistake in the original decision.

Roger Heron v. Toronto Community Housing Corporation, 2011 HRTO 196

Raj Anand

54 cases1981–2017

Mark Ellis

Anna Matas

In Private Practice13 cases2011–2026

Brian Cook

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

The applicant filed a human rights application alleging discrimination in goods, services, or facilities.

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

The applicant failed to attend the telephone conference hearing despite receiving notice.

The respondents requested the application be dismissed.

The Tribunal dismissed the application as abandoned due to the applicant's failure to appear.

Holly Banda v. Alanna Miller, Corrine Long and Frank Smith, 2011 HRTO 194

Brian Cook

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

The applicant filed a human rights application alleging discrimination in employment on the basis of disability following a work-related injury.

The respondent requested that the Tribunal defer consideration of the application pending the outcome of a concurrent union grievance and a WSIB claim.

The Tribunal found no basis to defer for the WSIB claim but granted the deferral based on the ongoing grievance procedure, noting the substantial overlap in facts and human rights issues and the authority of grievance arbitrators to enforce human rights legislation.

Sisay Assefa v. The Clarendon Foundation Cheshire Home Inc., 2011 HRTO 192

Gurjit Brar

65 cases2005–2015

Brian Cook

Human rights application dismissed; WSIB adjudicative decisions and procedural rulings are not 'services' under the Code.

The applicant filed a human rights application alleging discrimination on the basis of race, disability, sex, and sexual solicitation during a hearing before a WSIB Appeals Resolution Officer.

The respondents requested that the application be dismissed for lack of jurisdiction.

The Tribunal held that the content, reasons, and procedural rulings of an adjudicative decision are not a 'service' within the meaning of section 1 of the Human Rights Code.

Consequently, the Tribunal lacked jurisdiction to deal with the allegations, and the application was dismissed.

Galas v. Workplace Safety and Insurance Board, 2011 HRTO 191

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 21, 2011

Tribunal declined to defer human rights application pending WSIB claim due to insufficient information.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability following a work-related injury.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of the applicant's WSIB claim.

After receiving submissions from one of the respondents, the Tribunal found there was insufficient information regarding the status of the WSIB claim to justify deferral.

The Tribunal declined to defer the application and directed the respondents to file their responses.

Vimalkumar Naik v. HCR Personnel Solutions Inc., 2011 HRTO 157

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 18, 2011

Application dismissed as abandoned after applicant failed to respond to Tribunal's status inquiry.

The applicant filed an application under s. 34 of the Human Rights Code, which was deferred pending the conclusion of ongoing grievance proceedings.

The Tribunal later requested a status update on the grievance proceedings, warning that failure to respond could result in the application being dismissed as abandoned.

The applicant failed to respond by the deadline.

Consequently, the Tribunal deemed the application abandoned and dismissed it.

Amina Hanslod v. Cara Airline Solutions and Rhonda Clark, 2011 HRTO 124

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

Peter Hollinger

8 cases2000–2026

M. Fricot

3 cases2011–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 6, 2011

Application against employer dismissed as out of time with no good faith explanation for delay.

The Tribunal held a conference call to address the timeliness of the application against the City, which was filed more than one year after the last alleged discriminatory event.

The Tribunal found that the application was out of time, the alleged reprisal was not a continuing event, and there was no good faith explanation for the delay.

The application against the City was dismissed, and the applicant was directed to advise if he wished to pursue the timely application against the union.

Woodbeck v. The City of Thunder Bay, 2011 HRTO 666

Sven Poysa

17 cases2008–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 28, 2011

Tribunal declined to defer human rights application after related union grievance was withdrawn.

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

The respondent employer requested that the Tribunal defer consideration of the application because there was an ongoing grievance dealing with the same facts and issues.

The applicant provided evidence that the grievance had been withdrawn without prejudice.

As there was no longer an ongoing grievance procedure, the Tribunal declined to defer the matter and directed that the application continue to be processed.

Narayan v. Honeywell Safety Products, 2011 HRTO 604

Brian Cook

Not Practising Law89 cases2008–2020

Reconsideration request denied as applicant merely sought to re-argue previously considered positions.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application alleging discrimination and reprisal by his former family doctor.

The applicant argued the Tribunal improperly relied on a College of Physicians and Surgeons decision and disagreed with the finding that the doctor-patient relationship ended due to a lack of faith.

The Tribunal denied the request, finding the applicant was merely attempting to re-argue his case without establishing any new facts, evidence, or other grounds for reconsideration under Rule 26.5.

Christianson v. Lai Estate, 2011 HRTO 564

Susan Munn

Brian Cook

Adjournment request denied; request to amend application to add new discrimination grounds granted.

The Tribunal denied the adjournment request, finding no explanation for why the applicant could not participate with appropriate accommodation.

The Tribunal granted the request to amend the application, noting that the essence of the evidence would remain the same and any prejudice could be addressed at the hearing.

Morris v. Ontario (Finance), 2011 HRTO 563

Osborne Barnwell

24 cases2000–2025

Melissa Kronick

19 cases1994–2014

Kerri Kitchura

21 cases2003–2016

Brian Cook

Human rights application alleging racial discrimination in workplace transfers dismissed for lack of evidence.

The applicant, a Municipal Standards Officer, alleged racial discrimination after being denied a transfer back to his preferred office location.

He claimed that a less senior employee was transferred instead of him due to discrimination.

Other allegations of discrimination were also dismissed as they were either out of time or lacked any connection to the applicant's race.

Alleyne v. Toronto (City), 2011 HRTO 560

Landon Young

13 cases2000–2020

Brian Cook

Human rights application dismissed as abandoned after applicant failed 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 respondents requested that the application be dismissed as abandoned.

Satisfied that the applicant had notice of the hearing, the Tribunal dismissed the application as abandoned.

Salvinu Cassar v. The 3 Brewers and Abdullah Mamun, 2011 HRTO 508

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 1, 2011

Respondents granted extension of time to add witness and documents in response to applicant's late filing.

The applicant filed a witness statement and document list shortly before the scheduled hearing.

In response, the respondents requested an extension of time to file additional documents and add a witness to address the new evidence.

The applicant objected, arguing prejudice.

Giulekas v. Downsview Heating & Air Conditioning, 2011 HRTO 428

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 28, 2011

Adjournment request denied; document production issues to be addressed at the scheduled summary hearing.

The respondents opposed the request.

The Tribunal denied the adjournment, directing that any document production issues be addressed at the outset of the scheduled hearing.

Basic v. Home Medical Equipment, 2011 HRTO 423

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 17, 2011

Human rights application dismissed after applicant failed to attend hearing and provide adequate explanation.

The applicant failed to attend a scheduled summary hearing.

The Tribunal issued an interim decision requiring the applicant to provide a detailed written explanation and medical confirmation for his absence.

The applicant submitted a letter citing medical illness and a fear of criminal harassment charges, but failed to provide the required medical confirmation or detailed explanation.

Consequently, the Tribunal dismissed the application for failure to comply with its directions and failure to provide an adequate explanation for his absence.

McIntyre v. Loblaw Companies Limited, 2011 HRTO 355

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 16, 2011

Human rights application reactivated as ongoing WSIB proceedings did not address the discrimination issues.

The applicant requested the Tribunal reactivate his human rights application, which had been deferred pending the resolution of his WSIB claims.

The respondent opposed reactivation, arguing the WSIB was still dealing with issues related to the applicant's benefits.

Accordingly, the Tribunal granted the request to reactivate and resume processing the application.

Paul Masotti v. Bardon Supplies Limited, 2011 HRTO 336

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 15, 2011

Human rights application stayed and hearing adjourned due to respondent's bankruptcy proceedings.

The respondent advised the Tribunal that it had filed a Notice of Intention to Make a Proposal under the Bankruptcy and Insolvency Act.

The Tribunal found that the application was a proceeding against the respondent that must be stayed under section 69(1) of the Act.

The scheduled summary hearing was adjourned, and the respondent was directed to update the Tribunal on the status of the bankruptcy proposal.

Terry Stutsman v. Propak Limited, 2011 HRTO 315

Brian Cook

Request to dismiss human rights application denied as prior ESA proceeding did not address discrimination.

Ann McCulloch v. Amica at Dundas, 2011 HRTO 248

Brian Cook

Human rights application deferred pending the conclusion of the applicant's concurrent WSIAT appeal.

The Tribunal found that the WSIAT appeal arose from the same factual basis as the human rights application.

To avoid concurrent proceedings and the potential for inconsistent findings, the Tribunal deferred the application until the conclusion of the WSIAT appeal process.

Kazimierz Parda v. Magna International Inc., 2011 HRTO 246

Naomi Loewith

7 cases2009–2014

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 28, 2011

Human rights application dismissed; doctor's termination of care following College complaint was not discriminatory or reprisal.

The Tribunal held a summary hearing to determine if there was a factual basis for the allegations.

The Tribunal found that the doctor reasonably terminated the relationship due to a breakdown in trust evidenced by the College complaint, not because of the applicant's disability.

The reprisal claim was also dismissed because the College complaint did not relate to human rights or the Code.

The application was dismissed.

Christianson v. The Estate of Michael Lai, 2011 HRTO 207

Brian Cook

In Private Practice6 cases2009–2016

Request for reconsideration denied as applicant failed to provide new determinative evidence.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application at a summary hearing for having no reasonable prospect of success.

The applicant relied on newspaper articles published after the decision regarding vacancies and operations at the respondent housing corporation.

The Tribunal denied the request, finding that the articles did not constitute new determinative evidence or demonstrate any mistake in the original decision.

Roger Heron v. Toronto Community Housing Corporation, 2011 HRTO 196

Raj Anand

54 cases1981–2017

Mark Ellis

Anna Matas

In Private Practice13 cases2011–2026

Brian Cook

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

The applicant filed a human rights application alleging discrimination in goods, services, or facilities.

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

The applicant failed to attend the telephone conference hearing despite receiving notice.

The respondents requested the application be dismissed.

The Tribunal dismissed the application as abandoned due to the applicant's failure to appear.

Holly Banda v. Alanna Miller, Corrine Long and Frank Smith, 2011 HRTO 194

Brian Cook

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

The applicant filed a human rights application alleging discrimination in employment on the basis of disability following a work-related injury.

The respondent requested that the Tribunal defer consideration of the application pending the outcome of a concurrent union grievance and a WSIB claim.

Sisay Assefa v. The Clarendon Foundation Cheshire Home Inc., 2011 HRTO 192

Gurjit Brar

65 cases2005–2015

Brian Cook

Human rights application dismissed; WSIB adjudicative decisions and procedural rulings are not 'services' under the Code.

The applicant filed a human rights application alleging discrimination on the basis of race, disability, sex, and sexual solicitation during a hearing before a WSIB Appeals Resolution Officer.

The respondents requested that the application be dismissed for lack of jurisdiction.

The Tribunal held that the content, reasons, and procedural rulings of an adjudicative decision are not a 'service' within the meaning of section 1 of the Human Rights Code.

Consequently, the Tribunal lacked jurisdiction to deal with the allegations, and the application was dismissed.

Galas v. Workplace Safety and Insurance Board, 2011 HRTO 191

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 21, 2011

Tribunal declined to defer human rights application pending WSIB claim due to insufficient information.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability following a work-related injury.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of the applicant's WSIB claim.

After receiving submissions from one of the respondents, the Tribunal found there was insufficient information regarding the status of the WSIB claim to justify deferral.

The Tribunal declined to defer the application and directed the respondents to file their responses.

Vimalkumar Naik v. HCR Personnel Solutions Inc., 2011 HRTO 157

Brian Cook