Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 18, 2009

Tribunal issues final warning to respondents who failed to file a response to a human rights application.

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

The respondents failed to file a response within the required 35-day period.

The Tribunal issued an interim decision warning the respondents that failure to participate could lead to orders against them without their participation, pursuant to Rule 5.5 of the Tribunal's Rules of Procedure.

The respondents were given a final deadline of August 25, 2009, to file a response and explain the delay, failing which the Tribunal may proceed without further notice.

Sharp v. Royal Host, 2009 HRTO 1273

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 12, 2009

Human rights application dismissed as it duplicated a prior complaint already decided by the Commission.

The applicant filed an application alleging discrimination.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed outside the one-year limitation period and involved the same subject-matter as a prior complaint filed with the Ontario Human Rights Commission.

The applicant provided submissions on the delay but did not address the duplicate subject-matter.

The Tribunal found that the application was substantially the same as the prior Commission complaint, which had been dismissed.

Pursuant to section 53(8) of the Human Rights Code, the Tribunal dismissed the application for lack of jurisdiction.

Orlando Prescod v. National Steel Car Limited and United Steelworkers of America, Local 7135, 2009 HRTO 1246

Human rights application dismissed as an abuse of process due to prior binding settlement agreement.

The applicant filed a human rights application alleging discrimination in employment on the basis of race and sex after his employment was terminated.

Prior to filing the application, the applicant and the respondent had signed a Memorandum of Settlement resolving a grievance related to his termination, which included a provision that the applicant would not commence any claim or complaint against the respondent.

The respondent argued that the application should be dismissed as an abuse of process because it violated the settlement agreement.

The applicant contended that he signed the settlement under economic duress because he needed the Record of Employment changed to receive employment insurance benefits.

The Tribunal found that the applicant understood the terms of the settlement and was not under sufficient economic duress to invalidate the agreement.

The application was dismissed as an abuse of process.

Kailani v. Securitas Canada, 2009 HRTO 1183

Brian Cook

Ministry of Health removed as respondent because the human rights application contained no allegations against it.

The applicant filed a human rights application naming Dr. Lai and the Ministry of Health and Long-Term Care as respondents.

The Ministry sought to be removed as a respondent because the application contained no allegations against it.

After the applicant failed to file submissions on the issue despite being granted an extension of time, the Tribunal removed the Ministry as a respondent and directed that a hearing be scheduled to deal with the allegations against Dr. Lai.

Christianson v. Lai, 2009 HRTO 1071

Brian Cook

Human rights application dismissed; adjudicative decisions of the Court are not services under the Code.

The applicant filed a human rights application alleging discrimination by the Office of the Public Guardian and Trustee and in a decision of the Superior Court of Justice.

The Tribunal requested submissions on whether it had jurisdiction to deal with the matters raised.

The applicant failed to provide the requested submissions.

The Tribunal dismissed the application, finding that adjudicative decisions of the Court do not constitute a 'service' under the Human Rights Code, and therefore the Tribunal lacked jurisdiction to deal with the application.

Michael Christianson v. Her Majesty the Queen in right of Ontario as represented by the Ministry of the Attorney General, Charles Walters, Susan Fullerton and Paul Bourque, 2009 HRTO 1070

Kimberly Morris

1 case2009–2009

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 17, 2009

Human rights application deferred pending outcome of concurrent Employment Standards Act claim regarding pregnancy reprisal.

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 pending the outcome of a concurrent claim filed by the applicant under the Employment Standards Act (ESA).

The Tribunal found that the circumstances giving rise to both claims were the same and that proceeding concurrently could lead to inconsistent findings.

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

Chan v. Drake International, 2009 HRTO 1067

Edward Majewski

Practising Law - Employed3 cases2009–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 15, 2009

Human rights application dismissed as alleged workplace comments and conflicts did not amount to Code-related discrimination.

The applicant, a Muslim female of Pakistani descent, alleged discrimination in employment on the grounds of place of origin, ethnic origin, creed, and age, claiming she was subjected to discriminatory comments and a poisoned work environment that led to her resignation.

The Tribunal found that the alleged comments, including being referred to as the 'French girl' and discussions about Ramadan, did not amount to Code-related discrimination.

The Tribunal also noted that the applicant did not raise human rights allegations during her subsequent Employment Insurance appeal.

The application was dismissed.

Awan v. Loblaw Companies Limited, 2009 HRTO 1046

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 13, 2009

Human rights application dismissed for lack of jurisdiction after applicant failed to file submissions.

The applicant filed an application alleging reprisal.

In an earlier interim decision, the Tribunal noted that the allegations did not appear to be linked to an attempt to claim or enforce Code-based rights and sought submissions on jurisdiction.

The applicant failed to file any submissions.

The Tribunal dismissed the application for lack of jurisdiction, as the application contained no allegations relating to the ground of reprisal.

Partipilo v. Pomer, 2009 HRTO 1026

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 9, 2009

Human rights application deferred pending resolution of ongoing grievance based on same facts.

The applicant filed a human rights application while a grievance based on substantially the same facts and issues was ongoing.

The Tribunal issued a Notice of Intent to Defer.

The respondents made submissions, but the applicant did not.

The Tribunal deferred the application pending the resolution of the grievance proceeding, noting that the grievance had been referred to arbitration.

Tonya Meleca v. Dufferin Peel District School Board, 2009 HRTO 963

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 8, 2009

Request to dismiss denied; prior FSCO investigation into pension calculation did not address discrimination allegations.

The respondents requested the dismissal of a human rights application, arguing that the substance of the dispute—the calculation of the applicant's pension—had already been dealt with by the Financial Services Commission of Ontario (FSCO).

The Tribunal denied the request, finding that the application alleged discrimination based on race, colour, ethnic origin, and age during an office visit and in the ongoing relationship with the respondents, rather than discrimination in the pension calculation itself.

Because FSCO did not address these allegations, the substance of the application had not been dealt with.

Gilbert McIntyre v. Ontario Teachers’ Pension Plan Board and Michael McAllister, 2009 HRTO 943

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 2, 2009

Application dismissed for lack of jurisdiction as the employment relationship was federally regulated.

The applicant filed an application alleging employment discrimination against two co-workers at a federal penitentiary.

The Tribunal issued a Notice of Intent to Dismiss for lack of jurisdiction.

The applicant argued the application should proceed because he only named the individual employees, not the federal employer.

The Tribunal dismissed the application, holding that employment relationships within a federally regulated employer fall exclusively under federal jurisdiction and the Canadian Human Rights Commission.

Kevin Kunkel v. Monty Bourke and Nancy Pearson, 2009 HRTO 946

Brian Cook

Extension of time granted to applicant to file submissions; hearing adjourned.

The applicant requested an extension of time to provide submissions on preliminary matters raised by the respondents, following an earlier interim decision.

The Tribunal granted the request, extending the deadline to July 9, 2009, and adjourned the hearing scheduled for July 3, 2009.

Christianson v. Ontario (Health and Long-Term Care), 2009 HRTO 912

Brian Cook

Tribunal grants applicant a two-week extension to file submissions and adjourns scheduled hearing.

The applicant requested an extension of time to provide submissions on preliminary matters raised by the respondents, following an earlier interim decision.

The Tribunal granted a two-week extension and adjourned the previously scheduled hearing.

Christianson v. Ontario (Attorney General), 2009 HRTO 911

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 19, 2009

Tribunal directed union to provide retired president's contact info and proceeded to schedule mediation.

The applicant filed a human rights application alleging discrimination.

One of the personal respondents, a retired union president, did not file a Response because the application was sent to the union's address.

The Tribunal directed the union to provide the retired president's contact information and decided to proceed with scheduling mediation without waiting for his Response, as all other parties had agreed to mediate.

Persaud v. Toronto Community Housing Corporation, 2009 HRTO 889

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 11, 2009

Respondent granted ten days to file a Response after failing to respond to human rights application.

The applicant filed an application alleging discrimination in the provision of goods and services on the ground of disability.

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

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.

The respondent was granted ten days to file a Response and provide an explanation for the delay, failing which the Tribunal may proceed without further notice.

David Battle v. Her Majesty the Queen in right of Ontario as represented by the Minister of Community and Social Services, 2009 HRTO 826

Brian Cook

Human rights application deferred pending outcome of related WSIAT appeal regarding suitable work.

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

The Tribunal Registrar issued a Notice of Intent to Defer because the applicant was pursuing an appeal at the Workplace Safety and Insurance Appeals Tribunal (WSIAT) regarding whether he refused to accept suitable work.

The Tribunal found that the WSIAT decision would deal with matters highly relevant to the human rights application and ordered the application deferred pending the conclusion of the WSIAT appeal.

Theodore LeBlanc v. Honda of Canada Mfg., 2009 HRTO 812

Brian Cook

Application dismissed for lack of jurisdiction as the respondent courier company is federally regulated.

The applicant filed an application alleging discrimination in employment on the basis of disability and age against United Parcel Service.

The respondent submitted that it is a federally regulated undertaking subject to the Canadian Human Rights Act, not the Ontario Human Rights Code.

The Tribunal agreed, finding that the respondent is a courier company whose core business involves interprovincial and international transportation, placing it under federal jurisdiction.

The application was dismissed for lack of jurisdiction.

Escudero v. United Parcel Service, 2009 HRTO 811

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 8, 2009

Request to defer human rights application pending WSIB appeal denied as issues did not fully overlap.

The respondents requested that the applicant's human rights application alleging discrimination on the basis of disability and reprisal be deferred pending the resolution of the applicant's WSIB appeal regarding a work-related arm injury.

The Tribunal declined to defer the application, finding that the human rights issues, which included allegations of discrimination based on a stress-related disability and reprisal, went beyond the scope of the WSIB appeal.

Tsofias v. Toronto Centre for Phenogenomics, 2009 HRTO 788

Brian Cook

Applicant ordered to provide written submissions clarifying allegations against the Ministry before jurisdictional ruling.

The organizational respondent, the Ministry of Health and Long-Term Care, requested that the human rights application against it be dismissed because the application contained no specific allegations of discrimination by the Ministry.

The Tribunal directed the applicant to provide written submissions clarifying whether and how the Ministry allegedly discriminated against him before determining the jurisdictional issue.

Michael Christianson v. Her Majesty the Queen in Right of Ontario, as represented by the Minister of Health and Long-Term Care and Michael Lai, 2009 HRTO 783

Brian Cook

Employment and Labour Law

Tribunal directs written submissions on its jurisdiction to review a Superior Court decision.

The applicant filed a human rights application alleging discrimination by the Office of the Public Guardian and Trustee and in a decision of the Superior Court of Justice.

The respondents requested that the application be dismissed on the basis that the Tribunal lacks jurisdiction to review court decisions and that judges have judicial immunity.

The Tribunal directed the applicant to file written submissions on the jurisdictional issue before proceeding to a hearing on the merits.

Christianson v. Ontario (Attorney General), 2009 HRTO 778

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

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 OntarioAug 18, 2009

Tribunal issues final warning to respondents who failed to file a response to a human rights application.

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

The respondents failed to file a response within the required 35-day period.

The respondents were given a final deadline of August 25, 2009, to file a response and explain the delay, failing which the Tribunal may proceed without further notice.

Sharp v. Royal Host, 2009 HRTO 1273

Brian Cook

HRTOHuman Rights Tribunal of OntarioAug 12, 2009

Human rights application dismissed as it duplicated a prior complaint already decided by the Commission.

The applicant filed an application alleging discrimination.

The applicant provided submissions on the delay but did not address the duplicate subject-matter.

The Tribunal found that the application was substantially the same as the prior Commission complaint, which had been dismissed.

Pursuant to section 53(8) of the Human Rights Code, the Tribunal dismissed the application for lack of jurisdiction.

Orlando Prescod v. National Steel Car Limited and United Steelworkers of America, Local 7135, 2009 HRTO 1246

Robert Champagne

Not Practising Law8 cases2006–2013

Daniel McDonald

35 cases2009–2024

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 31, 2009

Human rights application dismissed as an abuse of process due to prior binding settlement agreement.

The applicant filed a human rights application alleging discrimination in employment on the basis of race and sex after his employment was terminated.

The respondent argued that the application should be dismissed as an abuse of process because it violated the settlement agreement.

The applicant contended that he signed the settlement under economic duress because he needed the Record of Employment changed to receive employment insurance benefits.

The Tribunal found that the applicant understood the terms of the settlement and was not under sufficient economic duress to invalidate the agreement.

The application was dismissed as an abuse of process.

Kailani v. Securitas Canada, 2009 HRTO 1183

Brian Cook

Ministry of Health removed as respondent because the human rights application contained no allegations against it.

The applicant filed a human rights application naming Dr. Lai and the Ministry of Health and Long-Term Care as respondents.

The Ministry sought to be removed as a respondent because the application contained no allegations against it.

Christianson v. Lai, 2009 HRTO 1071

Brian Cook

Human rights application dismissed; adjudicative decisions of the Court are not services under the Code.

The applicant filed a human rights application alleging discrimination by the Office of the Public Guardian and Trustee and in a decision of the Superior Court of Justice.

The Tribunal requested submissions on whether it had jurisdiction to deal with the matters raised.

The applicant failed to provide the requested submissions.

Michael Christianson v. Her Majesty the Queen in right of Ontario as represented by the Ministry of the Attorney General, Charles Walters, Susan Fullerton and Paul Bourque, 2009 HRTO 1070

Kimberly Morris

1 case2009–2009

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 17, 2009

Human rights application deferred pending outcome of concurrent Employment Standards Act claim regarding pregnancy reprisal.

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 pending the outcome of a concurrent claim filed by the applicant under the Employment Standards Act (ESA).

The Tribunal found that the circumstances giving rise to both claims were the same and that proceeding concurrently could lead to inconsistent findings.

Chan v. Drake International, 2009 HRTO 1067

Edward Majewski

Practising Law - Employed3 cases2009–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 15, 2009

Human rights application dismissed as alleged workplace comments and conflicts did not amount to Code-related discrimination.

The Tribunal found that the alleged comments, including being referred to as the 'French girl' and discussions about Ramadan, did not amount to Code-related discrimination.

The Tribunal also noted that the applicant did not raise human rights allegations during her subsequent Employment Insurance appeal.

The application was dismissed.

Awan v. Loblaw Companies Limited, 2009 HRTO 1046

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 13, 2009

Human rights application dismissed for lack of jurisdiction after applicant failed to file submissions.

The applicant filed an application alleging reprisal.

In an earlier interim decision, the Tribunal noted that the allegations did not appear to be linked to an attempt to claim or enforce Code-based rights and sought submissions on jurisdiction.

The applicant failed to file any submissions.

The Tribunal dismissed the application for lack of jurisdiction, as the application contained no allegations relating to the ground of reprisal.

Partipilo v. Pomer, 2009 HRTO 1026

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 9, 2009

Human rights application deferred pending resolution of ongoing grievance based on same facts.

The applicant filed a human rights application while a grievance based on substantially the same facts and issues was ongoing.

The Tribunal issued a Notice of Intent to Defer.

The respondents made submissions, but the applicant did not.

The Tribunal deferred the application pending the resolution of the grievance proceeding, noting that the grievance had been referred to arbitration.

Tonya Meleca v. Dufferin Peel District School Board, 2009 HRTO 963

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 8, 2009

Request to dismiss denied; prior FSCO investigation into pension calculation did not address discrimination allegations.

Because FSCO did not address these allegations, the substance of the application had not been dealt with.

Gilbert McIntyre v. Ontario Teachers’ Pension Plan Board and Michael McAllister, 2009 HRTO 943

Brian Cook

HRTOHuman Rights Tribunal of OntarioJul 2, 2009

Application dismissed for lack of jurisdiction as the employment relationship was federally regulated.

The applicant filed an application alleging employment discrimination against two co-workers at a federal penitentiary.

The Tribunal issued a Notice of Intent to Dismiss for lack of jurisdiction.

The applicant argued the application should proceed because he only named the individual employees, not the federal employer.

Kevin Kunkel v. Monty Bourke and Nancy Pearson, 2009 HRTO 946

Brian Cook

Extension of time granted to applicant to file submissions; hearing adjourned.

The applicant requested an extension of time to provide submissions on preliminary matters raised by the respondents, following an earlier interim decision.

The Tribunal granted the request, extending the deadline to July 9, 2009, and adjourned the hearing scheduled for July 3, 2009.

Christianson v. Ontario (Health and Long-Term Care), 2009 HRTO 912

Brian Cook

Tribunal grants applicant a two-week extension to file submissions and adjourns scheduled hearing.

The applicant requested an extension of time to provide submissions on preliminary matters raised by the respondents, following an earlier interim decision.

The Tribunal granted a two-week extension and adjourned the previously scheduled hearing.

Christianson v. Ontario (Attorney General), 2009 HRTO 911

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 19, 2009

Tribunal directed union to provide retired president's contact info and proceeded to schedule mediation.

The applicant filed a human rights application alleging discrimination.

One of the personal respondents, a retired union president, did not file a Response because the application was sent to the union's address.

Persaud v. Toronto Community Housing Corporation, 2009 HRTO 889

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 11, 2009

Respondent granted ten days to file a Response after failing to respond to human rights application.

The applicant filed an application alleging discrimination in the provision of goods and services on the ground of disability.

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

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.

The respondent was granted ten days to file a Response and provide an explanation for the delay, failing which the Tribunal may proceed without further notice.

David Battle v. Her Majesty the Queen in right of Ontario as represented by the Minister of Community and Social Services, 2009 HRTO 826

Brian Cook

Human rights application deferred pending outcome of related WSIAT appeal regarding suitable work.

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

The Tribunal found that the WSIAT decision would deal with matters highly relevant to the human rights application and ordered the application deferred pending the conclusion of the WSIAT appeal.

Theodore LeBlanc v. Honda of Canada Mfg., 2009 HRTO 812

Brian Cook

Application dismissed for lack of jurisdiction as the respondent courier company is federally regulated.

The applicant filed an application alleging discrimination in employment on the basis of disability and age against United Parcel Service.

The respondent submitted that it is a federally regulated undertaking subject to the Canadian Human Rights Act, not the Ontario Human Rights Code.

The Tribunal agreed, finding that the respondent is a courier company whose core business involves interprovincial and international transportation, placing it under federal jurisdiction.

The application was dismissed for lack of jurisdiction.

Escudero v. United Parcel Service, 2009 HRTO 811

Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 8, 2009

Request to defer human rights application pending WSIB appeal denied as issues did not fully overlap.

Tsofias v. Toronto Centre for Phenogenomics, 2009 HRTO 788

Brian Cook

Applicant ordered to provide written submissions clarifying allegations against the Ministry before jurisdictional ruling.

The Tribunal directed the applicant to provide written submissions clarifying whether and how the Ministry allegedly discriminated against him before determining the jurisdictional issue.

Michael Christianson v. Her Majesty the Queen in Right of Ontario, as represented by the Minister of Health and Long-Term Care and Michael Lai, 2009 HRTO 783

Brian Cook