Brian Cook

Tribunal declines to dismiss disability discrimination application for delay at preliminary stage.

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

The Tribunal issued a Notice to the applicant because the application appeared to be filed more than one year after the last incident of discrimination.

After reviewing the applicant's submissions, the Tribunal found it was not plain and obvious that the application was out of time, as there appeared to be an ongoing relationship and recent discussions about a return to work.

The Tribunal directed that the application continue to be processed, leaving the timeliness issue open for review after a response is filed.

Shawn Richards v. Simcoe Parts Service, 2009 HRTO 1905

Brian Cook

Human rights application allowed to proceed after related union grievance withdrawn; union's intervention request dismissed.

The applicant filed a Request for Order During Proceedings to proceed with her human rights application after withdrawing a related union grievance.

The Tribunal had previously deferred the application pending the grievance.

Since the grievance was withdrawn, the Tribunal allowed the application to proceed.

The union's Request to Intervene, which only addressed the deferral issue, was dismissed, with leave to file a new request if it wishes to participate in the merits of the application.

Kimberley Palmer v. Woods Park Care Centre, 2009 HRTO 1903

Brian Cook

Tribunal directed parties to provide submissions on whether human rights application should be deferred pending grievance.

The applicant filed a human rights application and noted an outstanding union grievance relating to the same subject matter.

The Tribunal Registrar incorrectly indicated that the respondent requested a deferral and invited submissions, but none were received.

The Tribunal directed the applicant, respondent, and the union to provide submissions on whether the application should be deferred pending the resolution of the grievance.

Hatton v. Pollack, 2009 HRTO 1859

Eric DelJunco

66 cases1984–2019

Brian Cook

In Private Practice3 cases2005–2013

Human rights application dismissed after applicant failed to communicate with counsel or the Tribunal.

The applicant filed a human rights application but subsequently failed to attend a scheduled mediation due to health reasons.

After the mediation was cancelled, the Tribunal and the applicant's counsel were unable to contact the applicant to reschedule.

The Tribunal warned that the file would be closed if no response was received.

As the applicant's counsel confirmed he could not reach his client for instructions, the Tribunal dismissed the application.

Janette Loveys-Smith v. The Corporation of the City of Guelph and Gustav Stahlman, 2009 HRTO 1849

Helen Daniel

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 30, 2009

Application for sexual harassment dismissed; supervisor's conduct found to be collegial, not vexatious.

The applicant alleged she was subjected to sexual harassment during her one-year contract employment with the corporate respondent.

She claimed the personal respondent, her acting supervisor, engaged in inappropriate conversations about his personal life, touched her shoulder, and made disconcerting leg movements.

The Tribunal found that the personal respondent was attempting to create a collegial working environment and that his conduct did not amount to a course of vexatious comment or conduct known to be unwelcome.

The application was dismissed.

Houdeh Houshangi v. Ontario Power Generation Inc. and Lloyd Spitzig, 2009 HRTO 1828

Tribunal orders production of redacted promotion documents of male comparator in sex discrimination case.

The applicant, a university faculty member alleging sex discrimination in her promotion process, sought production of documents relating to a male colleague who was promoted around the same time.

The respondent and intervenors opposed production, arguing the documents were irrelevant and protected by confidentiality privilege.

The Tribunal ordered production of the male colleague's curriculum vitae, salary information, redacted reference letters, and redacted transmittal letter, finding them relevant as comparator evidence and not privileged under the Wigmore test.

Student course evaluations were not ordered produced as the applicant's own evaluations were not in evidence.

Miraglia v. University of Waterloo, 2009 HRTO 1810

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 28, 2009

Hearing cancelled due to the death of the respondent.

The Human Rights Tribunal of Ontario cancelled a scheduled hearing after being advised by counsel that the respondent had passed away.

The applicant was directed to advise the Tribunal whether he wished to pursue the application.

Michael Christianson v. Michael Lai, 2009 HRTO 1800

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 27, 2009

Human rights application dismissed as abandoned after applicant failed to respond to jurisdictional notices.

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

The Tribunal issued a Notice of Intent to Dismiss on the basis that the application appeared to be outside its jurisdiction, directing the applicant to provide submissions.

After the applicant failed to respond to the Notice and a subsequent letter, the Tribunal dismissed the application as abandoned pursuant to Rule 5.4 of the Tribunal's Rules of Procedure.

Florips Bajouco v. Ontario Human Rights Commission, 2009 HRTO 1788

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 26, 2009

Request to defer human rights application denied as respondent was only contemplating a WSIB appeal.

The respondent requested to defer an application alleging discrimination in employment on the ground of disability, arguing that it was contemplating an appeal of a recent Workplace Safety and Insurance Board (WSIB) decision regarding the applicant's work-related injury.

The Tribunal dismissed the deferral request, finding that because an appeal was only being contemplated, there was no current legal proceeding underway that would justify deferring the application.

The Tribunal directed the matter to mediation.

Gordon Lennon v. Hydro One Networks Inc., 2009 HRTO 1770

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 1, 2009

Human rights application dismissed as abandoned after applicant failed to attend mediation or respond.

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

A mediation session was scheduled, which the respondents attended but the applicant did not.

The Tribunal attempted to contact the applicant to schedule new dates and subsequently warned that the application would be deemed abandoned if no response was received.

The applicant failed to respond to the Tribunal's correspondence.

Consequently, the application was deemed abandoned and dismissed.

Dave Iles v. Waterfront Inn and Kathy Lathem, 2009 HRTO 1593

Karen Sargeant

13 cases1999–2022

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 29, 2009

Human rights application dismissed; employer unaware that employee's sick call was related to asthma.

The applicant, a part-time Registered Practical Nurse, alleged discrimination in employment on the basis of disability (asthma).

After calling in sick with symptoms including vomiting and a severe cough, the employer required her to provide a medical note and replaced her for the weekend due to infection control concerns.

The applicant alleged she was harassed for calling in sick.

The Tribunal dismissed the application, finding that the employer was unaware the applicant had asthma and reasonably believed she had a temporary gastrointestinal or respiratory infection.

The Tribunal concluded that any personality clash or harassment experienced was not based on a disability under the Code.

Moulton v. Leisureworld Caregiving Centre, 2009 HRTO 1575

Christopher Riggs

7 cases2003–2010

Andrew Pinto

30 cases1997–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 24, 2009

Tribunal revokes intervener status and sets timetable for submissions on production of third-party promotion records.

In an interim decision regarding a human rights application alleging sex discrimination, the Tribunal revoked a previous order granting intervener status to the Faculty Association after clarifying that the individual who filed the request did not represent the Association.

The Tribunal also established a timetable for written submissions regarding the applicant's request for production of a colleague's promotion file and salary information, directing that notice be given to the affected third party.

Miraglia v. University of Waterloo, 2009 HRTO 1539

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 21, 2009

Request for early dismissal denied; WSIB decision did not deal with human rights allegations.

The respondents requested an early dismissal of the human rights application under section 45.1 of the Human Rights Code, arguing that the substance of the application had been dealt with by the Workplace Safety and Insurance Board (WSIB).

The WSIB had previously reduced the applicant's ongoing benefits for failing to co-operate in the return to work process.

The Tribunal found that the WSIB decision did not deal with the allegations of discrimination and harassment described in the application.

The request to dismiss the application was denied.

Nilda Castro v. Reidco (86) Ltd. and Richard Reid, 2009 HRTO 1508

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 17, 2009

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal communications.

The applicant filed a human rights application and both parties consented to mediation.

After the respondent requested to reschedule the mediation, the Tribunal attempted to contact the applicant multiple times by telephone and letter.

The applicant failed to respond to the Tribunal's communications or clarify her intentions.

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

Celene Jackson v. Carole McNulty, 2009 HRTO 1494

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 16, 2009

Human rights application deferred on consent pending the outcome of a concurrent union grievance procedure.

The applicant requested that the Tribunal defer consideration of their human rights application pending the outcome of a union grievance procedure.

The respondent agreed to the deferral, noting the grievance dealt with the same issues.

The Tribunal ordered the deferral of the application pending the conclusion of the grievance procedure.

Deepinder Lamba v. York Region District School Board, 2009 HRTO 1490

Brian Cook

Request to expedite granted in part; mediation scheduled within two weeks for school transportation dispute.

The applicant, a student with a disability, filed an application alleging discrimination regarding the respondent school board's refusal to provide transportation between a private therapy institution and the school.

The applicant requested that the proceedings be expedited due to the start of the school year.

The respondent did not oppose the request and both parties agreed to mediation.

The Tribunal granted the request to expedite in part by directing that mediation be scheduled within two weeks.

M.O. v. Ottawa Catholic School Board, 2009 HRTO 1478

Brian Cook

In Private Practice2 cases2009–2010

Reconsideration request denied; applicant failed to meet criteria and attempted to re-argue settled issues.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application because he had signed a Memorandum of Settlement releasing the respondent from claims.

The applicant argued he signed under duress and raised Charter arguments.

The Tribunal denied the request, finding that the applicant was attempting to re-argue issues already fully canvassed at the original hearing and failed to meet the criteria for reconsideration under Rule 26.

Kailani v. Securitas Canada, 2009 HRTO 1477

David Pomer

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 31, 2009

Hearing adjourned due to personal respondent's absence and complex corporate liability issues following partial settlement.

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

At the scheduled hearing, the personal respondent failed to appear.

The applicant and the representative for the corporate respondent advised they had reached a verbal settlement and wished to proceed against the personal respondent only.

Given the complex and acrimonious relationship between the respondents and ongoing civil litigation regarding their partnership, the Tribunal adjourned the hearing to ensure the personal respondent received proper notice and to seek clarification on the corporate authority and vicarious liability issues.

Bhatti v. Pomer and Boccia Professional Corporation, 2009 HRTO 1366

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 19, 2009

Tribunal directed applicant to provide submissions on whether his impaired driving conviction constitutes a record of offences.

The applicant filed an application alleging discrimination in employment on the ground of record of offences, specifically an impaired driving conviction.

The respondent challenged the Tribunal's jurisdiction, arguing the applicant did not have a record of offences within the meaning of the Human Rights Code.

The Tribunal noted that an impaired driving conviction under the federal Criminal Code requires a pardon to fall under the Code's definition.

The Tribunal directed the applicant to provide submissions on whether he has received a pardon, failing which the application may be dismissed for lack of jurisdiction.

Fee v. Nina Di Franco, 2009 HRTO 1283

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 18, 2009

Union granted intervenor status in human rights application without objection.

The Canadian Auto Workers Local 1000 filed a Request to Intervene in the human rights application.

As the workplace is unionized and neither the applicant nor the respondents objected, the Tribunal granted the union intervenor status.

Rosline Alexander v. Zeller’s Inc. and Canadian Benefits Management Ltd., 2009 HRTO 1277

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

Tribunal declines to dismiss disability discrimination application for delay at preliminary stage.

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

The Tribunal issued a Notice to the applicant because the application appeared to be filed more than one year after the last incident of discrimination.

The Tribunal directed that the application continue to be processed, leaving the timeliness issue open for review after a response is filed.

Shawn Richards v. Simcoe Parts Service, 2009 HRTO 1905

Brian Cook

Human rights application allowed to proceed after related union grievance withdrawn; union's intervention request dismissed.

The applicant filed a Request for Order During Proceedings to proceed with her human rights application after withdrawing a related union grievance.

The Tribunal had previously deferred the application pending the grievance.

Since the grievance was withdrawn, the Tribunal allowed the application to proceed.

The union's Request to Intervene, which only addressed the deferral issue, was dismissed, with leave to file a new request if it wishes to participate in the merits of the application.

Kimberley Palmer v. Woods Park Care Centre, 2009 HRTO 1903

Brian Cook

Tribunal directed parties to provide submissions on whether human rights application should be deferred pending grievance.

The applicant filed a human rights application and noted an outstanding union grievance relating to the same subject matter.

The Tribunal Registrar incorrectly indicated that the respondent requested a deferral and invited submissions, but none were received.

The Tribunal directed the applicant, respondent, and the union to provide submissions on whether the application should be deferred pending the resolution of the grievance.

Hatton v. Pollack, 2009 HRTO 1859

Eric DelJunco

66 cases1984–2019

Brian Cook

In Private Practice3 cases2005–2013

Human rights application dismissed after applicant failed to communicate with counsel or the Tribunal.

The applicant filed a human rights application but subsequently failed to attend a scheduled mediation due to health reasons.

After the mediation was cancelled, the Tribunal and the applicant's counsel were unable to contact the applicant to reschedule.

The Tribunal warned that the file would be closed if no response was received.

As the applicant's counsel confirmed he could not reach his client for instructions, the Tribunal dismissed the application.

Janette Loveys-Smith v. The Corporation of the City of Guelph and Gustav Stahlman, 2009 HRTO 1849

Helen Daniel

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 30, 2009

Application for sexual harassment dismissed; supervisor's conduct found to be collegial, not vexatious.

The applicant alleged she was subjected to sexual harassment during her one-year contract employment with the corporate respondent.

She claimed the personal respondent, her acting supervisor, engaged in inappropriate conversations about his personal life, touched her shoulder, and made disconcerting leg movements.

The application was dismissed.

Houdeh Houshangi v. Ontario Power Generation Inc. and Lloyd Spitzig, 2009 HRTO 1828

Ross Wells

4 cases1982–2009

David Wright

188 cases1989–2025

Christopher Riggs

7 cases2003–2010

Andrew Pinto

30 cases1997–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 29, 2009

Tribunal orders production of redacted promotion documents of male comparator in sex discrimination case.

The applicant, a university faculty member alleging sex discrimination in her promotion process, sought production of documents relating to a male colleague who was promoted around the same time.

The respondent and intervenors opposed production, arguing the documents were irrelevant and protected by confidentiality privilege.

Student course evaluations were not ordered produced as the applicant's own evaluations were not in evidence.

Miraglia v. University of Waterloo, 2009 HRTO 1810

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 28, 2009

Hearing cancelled due to the death of the respondent.

The Human Rights Tribunal of Ontario cancelled a scheduled hearing after being advised by counsel that the respondent had passed away.

The applicant was directed to advise the Tribunal whether he wished to pursue the application.

Michael Christianson v. Michael Lai, 2009 HRTO 1800

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 27, 2009

Human rights application dismissed as abandoned after applicant failed to respond to jurisdictional notices.

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

The Tribunal issued a Notice of Intent to Dismiss on the basis that the application appeared to be outside its jurisdiction, directing the applicant to provide submissions.

After the applicant failed to respond to the Notice and a subsequent letter, the Tribunal dismissed the application as abandoned pursuant to Rule 5.4 of the Tribunal's Rules of Procedure.

Florips Bajouco v. Ontario Human Rights Commission, 2009 HRTO 1788

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 26, 2009

Request to defer human rights application denied as respondent was only contemplating a WSIB appeal.

The Tribunal dismissed the deferral request, finding that because an appeal was only being contemplated, there was no current legal proceeding underway that would justify deferring the application.

The Tribunal directed the matter to mediation.

Gordon Lennon v. Hydro One Networks Inc., 2009 HRTO 1770

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 1, 2009

Human rights application dismissed as abandoned after applicant failed to attend mediation or respond.

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

A mediation session was scheduled, which the respondents attended but the applicant did not.

The Tribunal attempted to contact the applicant to schedule new dates and subsequently warned that the application would be deemed abandoned if no response was received.

The applicant failed to respond to the Tribunal's correspondence.

Consequently, the application was deemed abandoned and dismissed.

Dave Iles v. Waterfront Inn and Kathy Lathem, 2009 HRTO 1593

Karen Sargeant

13 cases1999–2022

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 29, 2009

Human rights application dismissed; employer unaware that employee's sick call was related to asthma.

The applicant, a part-time Registered Practical Nurse, alleged discrimination in employment on the basis of disability (asthma).

After calling in sick with symptoms including vomiting and a severe cough, the employer required her to provide a medical note and replaced her for the weekend due to infection control concerns.

The applicant alleged she was harassed for calling in sick.

The Tribunal dismissed the application, finding that the employer was unaware the applicant had asthma and reasonably believed she had a temporary gastrointestinal or respiratory infection.

The Tribunal concluded that any personality clash or harassment experienced was not based on a disability under the Code.

Moulton v. Leisureworld Caregiving Centre, 2009 HRTO 1575

Christopher Riggs

7 cases2003–2010

Andrew Pinto

30 cases1997–2019

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 24, 2009

Tribunal revokes intervener status and sets timetable for submissions on production of third-party promotion records.

Miraglia v. University of Waterloo, 2009 HRTO 1539

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 21, 2009

Request for early dismissal denied; WSIB decision did not deal with human rights allegations.

The WSIB had previously reduced the applicant's ongoing benefits for failing to co-operate in the return to work process.

The Tribunal found that the WSIB decision did not deal with the allegations of discrimination and harassment described in the application.

The request to dismiss the application was denied.

Nilda Castro v. Reidco (86) Ltd. and Richard Reid, 2009 HRTO 1508

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 17, 2009

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal communications.

The applicant filed a human rights application and both parties consented to mediation.

After the respondent requested to reschedule the mediation, the Tribunal attempted to contact the applicant multiple times by telephone and letter.

The applicant failed to respond to the Tribunal's communications or clarify her intentions.

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

Celene Jackson v. Carole McNulty, 2009 HRTO 1494

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 16, 2009

Human rights application deferred on consent pending the outcome of a concurrent union grievance procedure.

The applicant requested that the Tribunal defer consideration of their human rights application pending the outcome of a union grievance procedure.

The respondent agreed to the deferral, noting the grievance dealt with the same issues.

The Tribunal ordered the deferral of the application pending the conclusion of the grievance procedure.

Deepinder Lamba v. York Region District School Board, 2009 HRTO 1490

Brian Cook

Request to expedite granted in part; mediation scheduled within two weeks for school transportation dispute.

The applicant requested that the proceedings be expedited due to the start of the school year.

The respondent did not oppose the request and both parties agreed to mediation.

The Tribunal granted the request to expedite in part by directing that mediation be scheduled within two weeks.

M.O. v. Ottawa Catholic School Board, 2009 HRTO 1478

Brian Cook

In Private Practice2 cases2009–2010

Reconsideration request denied; applicant failed to meet criteria and attempted to re-argue settled issues.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application because he had signed a Memorandum of Settlement releasing the respondent from claims.

The applicant argued he signed under duress and raised Charter arguments.

Kailani v. Securitas Canada, 2009 HRTO 1477

David Pomer

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 31, 2009

Hearing adjourned due to personal respondent's absence and complex corporate liability issues following partial settlement.

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

At the scheduled hearing, the personal respondent failed to appear.

The applicant and the representative for the corporate respondent advised they had reached a verbal settlement and wished to proceed against the personal respondent only.

Bhatti v. Pomer and Boccia Professional Corporation, 2009 HRTO 1366

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 19, 2009

Tribunal directed applicant to provide submissions on whether his impaired driving conviction constitutes a record of offences.

The applicant filed an application alleging discrimination in employment on the ground of record of offences, specifically an impaired driving conviction.

The respondent challenged the Tribunal's jurisdiction, arguing the applicant did not have a record of offences within the meaning of the Human Rights Code.

The Tribunal noted that an impaired driving conviction under the federal Criminal Code requires a pardon to fall under the Code's definition.

The Tribunal directed the applicant to provide submissions on whether he has received a pardon, failing which the application may be dismissed for lack of jurisdiction.

Fee v. Nina Di Franco, 2009 HRTO 1283

Brian Cook