Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 7, 2010

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

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

The Tribunal issued a Notice of Intent to Defer because the facts of the application were part of an ongoing union grievance proceeding.

The respondents submitted that deferral was appropriate, while the applicant made no 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.

Larivière v. Ontario (Community Safety and Correctional Services), 2010 HRTO 772

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 25, 2010

Human rights application deferred pending conclusion of concurrent Law Society of Upper Canada investigation.

The applicant filed a human rights application alleging discrimination in employment on the grounds of race, sex, and pregnancy, specifically regarding her termination.

The respondents requested that the Tribunal defer consideration of the application pending the outcome of an ongoing Law Society of Upper Canada (LSUC) investigation into the same allegations.

The applicant did not provide submissions on the request.

The Tribunal found it appropriate to defer the application to avoid concurrent proceedings and the possibility of inconsistent decisions, noting the LSUC investigation had been underway for some time.

Dixon v. Isidoro Grossi Professional Corporation, 2010 HRTO 656

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 23, 2010

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed an application alleging discrimination in employment on the ground of record of offences.

The Tribunal issued a Notice of Intent to Dismiss, directing the applicant to provide submissions clarifying how she experienced discrimination.

The applicant failed to provide submissions within the required time.

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

Catherine Clark v. Lakeshore Inc., 2010 HRTO 632

Brian Cook

Tribunal orders hearing rescheduled after applicant revokes withdrawal of application against corporate respondent.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability against a corporate respondent and a personal respondent.

Following previous interim decisions and a failure by the personal respondent to attend a scheduled hearing, the applicant filed a request to withdraw the application against the corporate respondent's contact person, but later revoked it, citing an unfulfilled verbal agreement.

The Tribunal ordered the matter to be rescheduled for a one-day hearing to address all outstanding issues and the merits of the application.

Bhatti v. Pomer and Boccia Professional Corporation, 2010 HRTO 585

Brian Cook

Tribunal directed parties to provide status of WSIB appeal before deciding on deferral request.

The respondent requested that the human rights application alleging failure to accommodate and reprisal be dismissed or deferred because the substance of the application was being dealt with by the WSIB.

The Tribunal found it had insufficient information to determine the request and directed the applicant to provide an update on the status of his WSIB appeal before making a determination.

Paul Masotti v. Bardon Supplies Limited, 2010 HRTO 583

Brian Cook

Application withdrawn with leave of the Tribunal on consent.

The applicant requested leave to withdraw her human rights application pursuant to Rule 10 of the Tribunal's Rules of Procedure.

The respondents did not oppose the request.

The Tribunal granted leave and the application was withdrawn.

Reinert v. Ottawa Valley Waste Management Board, 2010 HRTO 579

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 16, 2010

Statutory Declaration of late-disclosed witness admitted on condition of availability for cross-examination.

In an ongoing human rights hearing, the applicant sought to introduce a Statutory Declaration from a witness who was not identified in advance.

The respondents objected, citing late disclosure and an alleged conflict of interest because the witness worked for a lawyer in a dispute with the respondents.

The Tribunal admitted the Statutory Declaration on the condition that the witness be made available for cross-examination, finding the applicant's explanation for late disclosure acceptable and that cross-examination could address the respondents' concerns.

A separate letter submitted late by the applicant was not admitted.

Xysha McFarlane v. Darrell S. Waisberg and Associates and Darrell Waisberg, 2010 HRTO 572

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 15, 2010

Human rights application deferred pending resolution of related civil action involving overlapping factual events.

The respondent requested an order to defer the human rights application because the applicant had amended her statement of claim in a related civil action to include overlapping factual events.

The Tribunal found that the civil action was relatively advanced and its resolution might resolve issues relevant to the application.

The Tribunal granted the request and deferred the application until the civil action is resolved.

Ilze Berzins v. Ottawa Police Services Board, 2010 HRTO 554

Brian Cook

Personal respondent removed and union granted intervenor status on consent in disability discrimination application.

The applicant filed an application under section 34 of the Human Rights Code alleging discrimination in employment on the ground of disability.

The respondents requested the removal of the personal respondent, which the applicant did not oppose.

The union requested intervenor status because the application raised issues relating to the collective agreement, which was also unopposed.

The Tribunal granted both requests, removing the personal respondent and granting the union intervenor status.

Schmidt v. Toronto Transit Commission, 2010 HRTO 475

Brian Cook

Tribunal permits family friend to act as unpaid representative in human rights application.

The respondents raised preliminary issues regarding an application filed under the Human Rights Code.

They questioned whether the application was properly filed on behalf of the applicant and whether the applicant's representative was authorized to provide legal services.

The Tribunal found that the application was properly filed under section 34(5) of the Code with the applicant's consent.

The Tribunal also found that the applicant's representative, a family friend not charging a fee, fell under an exemption to the Law Society Act licensing requirements and could represent the applicant.

Cosgrove v. Reasbeck, 2010 HRTO 468

Catherine Peters

18 cases1994–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 1, 2010

Request for reconsideration of damages award and personal liability denied.

The applicant requested a reconsideration of a Tribunal decision that upheld her human rights application in part and awarded her $2,000 for injury to dignity, feelings, and self-respect.

She argued the damages were too low and that the personal respondents and a non-party corporation should be held liable.

The Tribunal denied the request, finding no new evidence, no conflict with established jurisprudence, and no basis to hold the personal respondents or the non-party liable.

Williams v. Hudson’s Bay Company/Zellers, 2010 HRTO 452

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 26, 2010

Human rights application deferred pending the outcome of a concurrent Employment Standards Act claim.

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

The respondent requested that the application be deferred because the applicant had also filed a claim under the Employment Standards Act, 2000 (ESA) arising from the same circumstances.

The Tribunal found that proceeding concurrently in two forums could lead to inconsistent findings and would be unfair to the parties.

Noting that the remedies available under the ESA for pregnancy-related terminations are similar to those under the Code, the Tribunal ordered the application deferred until the ESA proceeding is concluded or abandoned.

Golon v. Addison Chevrolet Buick GMC, 2010 HRTO 448

Brian Cook

Respondent given final 15 days to file Response to human rights application before Tribunal proceeds.

The applicant filed a human rights application against the respondent.

The respondent failed to file a Response within the required 35-day period.

The Tribunal issued an interim decision warning the respondent of the consequences of failing to participate under Rule 5.5 of the Rules of Procedure, and granted the respondent a final 15 days to file a Response and explain the delay, failing which the Tribunal may proceed without further notice.

James Prange v. Headwaters Health Care Centre, 2010 HRTO 438

Brian Cook

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

The applicant filed an application under section 34 of the Human Rights Code and requested that the Tribunal defer consideration of the application until a related union grievance proceeding was completed.

The respondents agreed to the deferral.

The Tribunal found no reason not to defer and ordered the application deferred pending the conclusion of the grievance process.

Loni Markell v. Ottawa Hospital General Campus and Michael Cuddihy, 2010 HRTO 437

Brian Cook

Application amended on consent to remove the Ministry and add the City of Toronto as respondent.

The applicant filed a human rights application naming the Ministry of Community and Social Services and Christine Nelson as respondents.

The Ministry advised it was incorrectly named and that the correct organizational respondent was the City of Toronto.

On consent of all parties, the Tribunal dismissed the application against the Ministry and added the City of Toronto as a respondent.

Noorieh Hamidavi v. City of Toronto, 2010 HRTO 436

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 24, 2010

Employer discriminated by issuing ROE terminating pregnant employee without seeking clarification, despite employee's poor communication.

The applicant, a hair stylist, went off work due to complications from pregnancy.

She provided a medical note for a brief period but failed to provide further updates on her expected return date.

After several weeks, the respondent employer issued a Record of Employment (ROE) indicating the applicant would not be returning, effectively terminating her employment.

The Tribunal found that while the applicant failed to fulfill her part of the accommodation process by not communicating her status, the respondent discriminated against her by issuing the ROE without first seeking clarification.

The Tribunal awarded the applicant $2,000 for injury to dignity, feelings, and self-respect, but denied compensation for lost income due to her failure to communicate.

Gonneau v. Denninger, 2010 HRTO 425

Tribunal awards $3,500 for pregnancy discrimination after employer threatened to reduce hours due to pregnancy-related absences.

The applicant alleged discrimination and harassment in employment on the basis of pregnancy after experiencing complications and a miscarriage.

She claimed the respondents made inappropriate comments, reduced her hours, and terminated her employment.

The Tribunal found insufficient evidence of harassment or termination, concluding the applicant quit following a heated misunderstanding.

However, the Tribunal found the respondents discriminated against the applicant by indicating her hours might be reduced and she might be replaced due to absences related to her pregnancy complications.

The applicant was awarded $3,500 for injury to dignity, feelings, and self-respect.

Michelle Ford v. Adriatic Bakery, 2010 HRTO 296

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 18, 2010

Human rights application dismissed after applicant failed to attend the scheduled hearing.

The applicant failed to attend the scheduled hearing of her human rights application.

She had emailed the Tribunal requesting an adjournment due to work obligations but failed to copy the respondent as directed by the Tribunal.

The respondent's representative attended the hearing and requested dismissal with costs.

The Tribunal dismissed the application due to the applicant's failure to attend and noted it does not have the authority to award costs.

Antoinette Imbesi v. David Pomer, 2010 HRTO 379

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 10, 2010

Tribunal orders respondent to file Response within 10 days or face proceeding without notice.

The applicant filed a human rights application and indicated an intention to start a civil action, which might lead to a request for deferral.

The respondent failed to file a Response within the required 35 days.

The Tribunal issued an interim decision ordering the applicant to advise whether a civil action had been commenced and ordering the respondent to file a Response within 10 days, warning that failure to do so could result in the Tribunal proceeding without further notice.

Alison McGuire v. Sun Life Assurance Company of Canada, 2010 HRTO 315

Brian Cook

HRTOHuman Rights Tribunal of OntarioJan 28, 2010

Applicant directed to provide submissions on how to proceed or face abandonment of application.

The applicant and the corporate respondent's contact person appeared at the scheduled hearing, but the personal respondent did not.

The hearing was adjourned and the Tribunal directed the parties to make submissions on how to proceed.

Only the personal respondent provided submissions.

The Tribunal directed the applicant and the corporate respondent to provide submissions within two weeks, failing which the application may be deemed abandoned.

Bhatti v. Pomer and Boccia Professional Corporation, 2010 HRTO 210

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 OntarioApr 7, 2010

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

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

The Tribunal issued a Notice of Intent to Defer because the facts of the application were part of an ongoing union grievance proceeding.

The respondents submitted that deferral was appropriate, while the applicant made no 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.

Larivière v. Ontario (Community Safety and Correctional Services), 2010 HRTO 772

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 25, 2010

Human rights application deferred pending conclusion of concurrent Law Society of Upper Canada investigation.

The applicant filed a human rights application alleging discrimination in employment on the grounds of race, sex, and pregnancy, specifically regarding her termination.

The respondents requested that the Tribunal defer consideration of the application pending the outcome of an ongoing Law Society of Upper Canada (LSUC) investigation into the same allegations.

The applicant did not provide submissions on the request.

Dixon v. Isidoro Grossi Professional Corporation, 2010 HRTO 656

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 23, 2010

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed an application alleging discrimination in employment on the ground of record of offences.

The Tribunal issued a Notice of Intent to Dismiss, directing the applicant to provide submissions clarifying how she experienced discrimination.

The applicant failed to provide submissions within the required time.

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

Catherine Clark v. Lakeshore Inc., 2010 HRTO 632

Brian Cook

Tribunal orders hearing rescheduled after applicant revokes withdrawal of application against corporate respondent.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability against a corporate respondent and a personal respondent.

The Tribunal ordered the matter to be rescheduled for a one-day hearing to address all outstanding issues and the merits of the application.

Bhatti v. Pomer and Boccia Professional Corporation, 2010 HRTO 585

Brian Cook

Tribunal directed parties to provide status of WSIB appeal before deciding on deferral request.

The Tribunal found it had insufficient information to determine the request and directed the applicant to provide an update on the status of his WSIB appeal before making a determination.

Paul Masotti v. Bardon Supplies Limited, 2010 HRTO 583

Brian Cook

Application withdrawn with leave of the Tribunal on consent.

The applicant requested leave to withdraw her human rights application pursuant to Rule 10 of the Tribunal's Rules of Procedure.

The respondents did not oppose the request.

The Tribunal granted leave and the application was withdrawn.

Reinert v. Ottawa Valley Waste Management Board, 2010 HRTO 579

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 16, 2010

Statutory Declaration of late-disclosed witness admitted on condition of availability for cross-examination.

In an ongoing human rights hearing, the applicant sought to introduce a Statutory Declaration from a witness who was not identified in advance.

The respondents objected, citing late disclosure and an alleged conflict of interest because the witness worked for a lawyer in a dispute with the respondents.

A separate letter submitted late by the applicant was not admitted.

Xysha McFarlane v. Darrell S. Waisberg and Associates and Darrell Waisberg, 2010 HRTO 572

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 15, 2010

Human rights application deferred pending resolution of related civil action involving overlapping factual events.

The respondent requested an order to defer the human rights application because the applicant had amended her statement of claim in a related civil action to include overlapping factual events.

The Tribunal found that the civil action was relatively advanced and its resolution might resolve issues relevant to the application.

The Tribunal granted the request and deferred the application until the civil action is resolved.

Ilze Berzins v. Ottawa Police Services Board, 2010 HRTO 554

Brian Cook

Personal respondent removed and union granted intervenor status on consent in disability discrimination application.

The applicant filed an application under section 34 of the Human Rights Code alleging discrimination in employment on the ground of disability.

The respondents requested the removal of the personal respondent, which the applicant did not oppose.

The union requested intervenor status because the application raised issues relating to the collective agreement, which was also unopposed.

The Tribunal granted both requests, removing the personal respondent and granting the union intervenor status.

Schmidt v. Toronto Transit Commission, 2010 HRTO 475

Brian Cook

Tribunal permits family friend to act as unpaid representative in human rights application.

The respondents raised preliminary issues regarding an application filed under the Human Rights Code.

They questioned whether the application was properly filed on behalf of the applicant and whether the applicant's representative was authorized to provide legal services.

The Tribunal found that the application was properly filed under section 34(5) of the Code with the applicant's consent.

Cosgrove v. Reasbeck, 2010 HRTO 468

Catherine Peters

18 cases1994–2016

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 1, 2010

Request for reconsideration of damages award and personal liability denied.

The applicant requested a reconsideration of a Tribunal decision that upheld her human rights application in part and awarded her $2,000 for injury to dignity, feelings, and self-respect.

She argued the damages were too low and that the personal respondents and a non-party corporation should be held liable.

The Tribunal denied the request, finding no new evidence, no conflict with established jurisprudence, and no basis to hold the personal respondents or the non-party liable.

Williams v. Hudson’s Bay Company/Zellers, 2010 HRTO 452

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 26, 2010

Human rights application deferred pending the outcome of a concurrent Employment Standards Act claim.

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

The respondent requested that the application be deferred because the applicant had also filed a claim under the Employment Standards Act, 2000 (ESA) arising from the same circumstances.

The Tribunal found that proceeding concurrently in two forums could lead to inconsistent findings and would be unfair to the parties.

Golon v. Addison Chevrolet Buick GMC, 2010 HRTO 448

Brian Cook

Respondent given final 15 days to file Response to human rights application before Tribunal proceeds.

The applicant filed a human rights application against the respondent.

The respondent failed to file a Response within the required 35-day period.

James Prange v. Headwaters Health Care Centre, 2010 HRTO 438

Brian Cook

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

The respondents agreed to the deferral.

The Tribunal found no reason not to defer and ordered the application deferred pending the conclusion of the grievance process.

Loni Markell v. Ottawa Hospital General Campus and Michael Cuddihy, 2010 HRTO 437

Brian Cook

Application amended on consent to remove the Ministry and add the City of Toronto as respondent.

The applicant filed a human rights application naming the Ministry of Community and Social Services and Christine Nelson as respondents.

The Ministry advised it was incorrectly named and that the correct organizational respondent was the City of Toronto.

On consent of all parties, the Tribunal dismissed the application against the Ministry and added the City of Toronto as a respondent.

Noorieh Hamidavi v. City of Toronto, 2010 HRTO 436

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 24, 2010

Employer discriminated by issuing ROE terminating pregnant employee without seeking clarification, despite employee's poor communication.

The applicant, a hair stylist, went off work due to complications from pregnancy.

She provided a medical note for a brief period but failed to provide further updates on her expected return date.

After several weeks, the respondent employer issued a Record of Employment (ROE) indicating the applicant would not be returning, effectively terminating her employment.

The Tribunal awarded the applicant $2,000 for injury to dignity, feelings, and self-respect, but denied compensation for lost income due to her failure to communicate.

Gonneau v. Denninger, 2010 HRTO 425

Melissa Mark

Practising Law - Employed17 cases2009–2015

G. Dewar Laing

2 cases2010–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 23, 2010

Tribunal awards $3,500 for pregnancy discrimination after employer threatened to reduce hours due to pregnancy-related absences.

The applicant alleged discrimination and harassment in employment on the basis of pregnancy after experiencing complications and a miscarriage.

She claimed the respondents made inappropriate comments, reduced her hours, and terminated her employment.

The Tribunal found insufficient evidence of harassment or termination, concluding the applicant quit following a heated misunderstanding.

The applicant was awarded $3,500 for injury to dignity, feelings, and self-respect.

Michelle Ford v. Adriatic Bakery, 2010 HRTO 296

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 18, 2010

Human rights application dismissed after applicant failed to attend the scheduled hearing.

The applicant failed to attend the scheduled hearing of her human rights application.

She had emailed the Tribunal requesting an adjournment due to work obligations but failed to copy the respondent as directed by the Tribunal.

The respondent's representative attended the hearing and requested dismissal with costs.

The Tribunal dismissed the application due to the applicant's failure to attend and noted it does not have the authority to award costs.

Antoinette Imbesi v. David Pomer, 2010 HRTO 379

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 10, 2010

Tribunal orders respondent to file Response within 10 days or face proceeding without notice.

The applicant filed a human rights application and indicated an intention to start a civil action, which might lead to a request for deferral.

The respondent failed to file a Response within the required 35 days.

Alison McGuire v. Sun Life Assurance Company of Canada, 2010 HRTO 315

Brian Cook