Brian Cook

HRTOHuman Rights Tribunal of OntarioJun 4, 2009

Tribunal schedules expedited mediation and defers request to expedite proceedings.

The applicant filed an application alleging discrimination in employment on the grounds of disability and reprisal, and requested that the proceedings be expedited.

Both parties indicated a willingness to mediate.

The Tribunal ordered that mediation be scheduled on an expedited basis and deferred the determination of the request to expedite the proceedings until after mediation, should it not result in a settlement.

Linda Christiansen v. The Crown in Right of Ontario as represented by the Ministry of Natural Resources and the Ministry of Government Services, Tricia Greer, Sherry Gascon, Brian Maloney, and Marsha Smith, 2009 HRTO 759

Brian Cook

Application dismissed for lack of jurisdiction as no Code grounds of discrimination were alleged.

The applicant filed an application alleging that the respondent township failed to adequately respond to the contamination of his water supply and treated him differently from others.

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

The Tribunal dismissed the application, finding that the allegations did not relate to any specified grounds of discrimination under the Human Rights Code.

Wayne Carlow v. Township of Asphodel-Norwood, 2009 HRTO 730

Brian Cook

Section 34 human rights application dismissed as it must be filed as a transitional application.

The applicant filed an application under section 34 of the Human Rights Code relating to a complaint previously filed with the Ontario Human Rights Commission.

The Tribunal dismissed the application, finding it had no jurisdiction to consider a section 34 application based on a prior Commission complaint.

The applicant was advised to file a transitional application under section 53(5) of the Code.

Julia Turner v. OLG Slots at Kawartha Downs, 2009 HRTO 714

Brian Cook

Early dismissal motion denied; applicant directed to provide submissions on Tribunal's jurisdiction over reprisal claims.

The respondent sought early dismissal of the human rights application under section 34(11) of the Human Rights Code, arguing that a civil proceeding had been commenced.

The Tribunal found that the applicant was not a party to the civil action and had not sought an order under section 46.1, so the application was not barred.

However, the Tribunal noted that the applicant's allegations of reprisal did not appear to be linked to claiming or enforcing Code-based rights under section 8.

The Tribunal directed the applicant to file submissions on whether it had jurisdiction to deal with the application.

Giuseppe Partipilo v. David Pomer, 2009 HRTO 706

Brian Cook

Human rights application deemed abandoned and file closed after applicant failed to respond to Tribunal communications.

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

A scheduled mediation session was cancelled at the applicant's request.

The Tribunal subsequently contacted the applicant to reschedule but received no response.

After issuing a notice that failure to respond would result in the application being deemed abandoned, and receiving no reply, the Tribunal deemed the application abandoned and closed the file.

Allen v. Wal-Mart Canada, 2009 HRTO 705

Brian Cook

Human rights application deemed abandoned and file closed after applicant failed to communicate with Tribunal.

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

After cancelling a scheduled mediation session, the applicant failed to respond to the Tribunal's communications regarding new dates.

The Tribunal warned the applicant that failure to respond within ten days would result in the application being deemed abandoned.

Receiving no response, the Tribunal deemed the application abandoned and closed the file.

Virginia Gardner v. Wal-mart Canada Corp., 2009 HRTO 704

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 19, 2009

Human rights application regarding 25-year-old school discrimination dismissed due to substantial prejudice from delay.

The applicant filed a human rights application alleging racial discrimination by teachers and a principal at his elementary school between 1980 and 1982.

The Tribunal issued a Notice of Intent to Dismiss because the application was filed more than 25 years after the events.

The Tribunal found that even if the delay was incurred in good faith, the respondent would suffer substantial prejudice due to faded memories and lost documents.

The application was dismissed.

David O’Hare v. Madoc Drive Public School, 2009 HRTO 652

Brian Cook

Application against corporate respondent barred by s. 34(11) due to concurrent civil action; submissions requested regarding personal respondent.

The applicant requested to withdraw her human rights application against the corporate respondent, North of Superior, while continuing against the personal respondent.

The Tribunal found that the application against the corporate respondent was barred under section 34(11) of the Human Rights Code because the applicant had commenced a civil action seeking damages for human rights infringements against the same corporation.

The Tribunal requested submissions from the parties on whether the application against the personal respondent, who was an officer of the corporation, was also barred by section 34(11).

Lillian Napierala v. Paula Bosanac, 2009 HRTO 584

Brian Cook

Request for reconsideration denied as applicant failed to provide new evidence regarding federal jurisdiction.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his application on the basis that the corporate respondent was federally regulated.

The applicant sought an indefinite extension of time to obtain evidence from the Canadian Human Rights Commission regarding its jurisdiction.

The Tribunal found no basis to grant a further extension of time and, as no new evidence was provided to suggest the initial jurisdictional finding was incorrect, denied the request for reconsideration.

Ulysse Guerrier v. Canadian Imperial Bank of Commerce (CIBC) Care Contact Centre and Rossella Sperini, 2009 HRTO 583

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 4, 2009

Human rights application deferred pending conclusion of related union grievance.

The applicant filed a human rights application alleging the respondents failed to accommodate his knee disability.

The respondents requested that the application be deferred pending the conclusion of a related union grievance dealing with the same facts and issues.

The applicant, who had recently declared bankruptcy, did not respond to the Tribunal's request for submissions on the deferral.

The Tribunal found no reason to depart from its general practice of deferring applications where there is an ongoing grievance based on the same facts, and ordered the application deferred.

Cressman v. Guelph General Hospital, 2009 HRTO 565

Brian Cook

Faculty association permitted to intervene in human rights application alleging sex discrimination.

The applicant filed a human rights application alleging sex discrimination in employment by the respondent university.

The faculty association filed a request to intervene to ensure the Memorandum of Agreement and university policies are followed.

The applicant opposed the request.

The Tribunal granted the request to intervene, noting the application raises issues of general interest to the faculty association, with the extent of participation to be determined by the presiding adjudicator at the hearing.

Miraglia v. University of Waterloo, 2009 HRTO 468

Brian Cook

Early dismissal denied; WSIB denial of workplace injury claim does not dispose of human rights application.

The applicant filed a human rights application alleging discrimination in employment on the ground of disability, citing a heart attack and a subsequent work-related chest and arm injury.

The respondents requested an early dismissal of the application, arguing that the Workplace Safety and Insurance Board (WSIB) had already denied the applicant's claim regarding the work-related injury.

The Tribunal denied the request for early dismissal, finding that the WSIB decision did not address the applicant's heart condition and that a finding of no work-related injury by the WSIB does not preclude the existence of a disability requiring accommodation under the Code.

McElroy v. Metroland Media Group, 2009 HRTO 467

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 15, 2009

Tribunal directs submissions on respondent's request to defer human rights application pending parallel ESA proceeding.

The applicant filed an application alleging discrimination in employment on the grounds of sex and pregnancy following her termination.

The respondent requested that the Tribunal defer the application because the applicant had also filed a parallel application under the Employment Standards Act.

The Tribunal issued an interim decision directing the applicant to provide written submissions on the deferral request, after which the respondent may reply and the Tribunal will determine whether to defer the matter.

Catherine Chan v. Drake International Inc., 2009 HRTO 441

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 9, 2009

Respondent granted extension to file Response to human rights application after failing to meet initial deadline.

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 Tribunal's Rules of Procedure.

The Tribunal granted the respondent an extension until April 23, 2009, to file a Response along with an explanation for the delay, failing which the Tribunal may proceed without further notice.

Partipilo v. Pomer, 2009 HRTO 415

Brian Cook

Unopposed request to add the personal respondent's actual employer as a corporate respondent granted.

The applicant filed an application alleging discrimination in employment on the basis of disability against Johnson Controls and an occupational health nurse.

Upon discovering the nurse was employed by WellServe Health Care Management, the applicant requested to add WellServe as a respondent.

The Tribunal granted the unopposed request, finding that the allegations could lead to vicarious liability for WellServe under section 46.3(1) of the Human Rights Code and that there was no prejudice to the proposed respondent.

Jackson v. Johnson Controls, 2009 HRTO 405

Brian Cook

Tribunal has jurisdiction to enforce pre-2008 settlement subsequently approved by the Commission.

The applicant filed an application alleging the respondent contravened a settlement reached under the old Human Rights Code.

The Tribunal sought submissions on whether it had jurisdiction to enforce the settlement, as it had not been approved by the Commission at the time it was signed.

The Commission advised that the failure to obtain approval was an error and subsequently approved the settlement.

The Tribunal found that because the settlement was effected by the Commission before June 30, 2008, and was now approved by the Commission before December 30, 2008, it had jurisdiction to deal with the application under sections 45.9 and 54 of the Code.

Bonnah v. Ontario (Community and Social Services), 2009 HRTO 400

Brian Cook

Tribunal issues interim directions after respondents fail to respond and refuse service of application.

The applicant filed a human rights application.

The Tribunal mailed the Notice of Application to the respondents, but the mail sent to the personal respondent was returned as 'refused'.

The corporate respondent's mail was not returned but no response was filed.

The Tribunal issued an interim decision directing the corporate respondent to provide the personal respondent's address and warning both respondents that failure to file a response by a specified date could result in the Tribunal proceeding without them under Rule 5.5.

Lillian Napierala v. North of Superior Programs and Paula Bosanac, 2009 HRTO 348

Brian Cook

Tribunal declined to dismiss application at preliminary stage as jurisdiction issue was not plain and obvious.

The applicant filed an application alleging discrimination.

The Tribunal issued a Notice of Intent to Dismiss because it appeared the events occurred outside Ontario.

The applicant provided written submissions indicating some events occurred in Ontario.

The Tribunal found it was not plain and obvious that the events fell outside provincial jurisdiction and directed that the application continue to be processed and sent to the respondents.

Laurie Brown v. Evangelical Lutheran Church in Canada, Rick Saurer and Susan Avant, 2009 HRTO 329

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 18, 2009

Union granted intervenor status in human rights application after applicant alleged inadequate grievance representation.

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

The respondent requested early dismissal, arguing the matter was settled by way of Minutes of Settlement in a grievance.

The applicant's former union filed a Request to Intervene after the applicant made allegations in his Reply about the union's representation during the grievance procedure.

As the request was unopposed and the union clearly had an interest in the application, the Tribunal granted the union intervenor status.

Kailani v. Securitas Canada, 2009 HRTO 321

Brian Cook

HRTOHuman Rights Tribunal of OntarioFeb 4, 2009

Tribunal issues final deadline for respondent to file Response before proceeding without their participation.

The applicant filed a human rights application alleging discrimination by the respondent retail store.

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 respond under Rule 5.5 and provided a final deadline of February 20, 2009, to file a Response before proceeding without their participation.

Kuan-chin Chen v. Floor and Wall Studio, 2009 HRTO 129

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 OntarioJun 4, 2009

Tribunal schedules expedited mediation and defers request to expedite proceedings.

The applicant filed an application alleging discrimination in employment on the grounds of disability and reprisal, and requested that the proceedings be expedited.

Both parties indicated a willingness to mediate.

Linda Christiansen v. The Crown in Right of Ontario as represented by the Ministry of Natural Resources and the Ministry of Government Services, Tricia Greer, Sherry Gascon, Brian Maloney, and Marsha Smith, 2009 HRTO 759

Brian Cook

Application dismissed for lack of jurisdiction as no Code grounds of discrimination were alleged.

The applicant filed an application alleging that the respondent township failed to adequately respond to the contamination of his water supply and treated him differently from others.

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

The Tribunal dismissed the application, finding that the allegations did not relate to any specified grounds of discrimination under the Human Rights Code.

Wayne Carlow v. Township of Asphodel-Norwood, 2009 HRTO 730

Brian Cook

Section 34 human rights application dismissed as it must be filed as a transitional application.

The applicant filed an application under section 34 of the Human Rights Code relating to a complaint previously filed with the Ontario Human Rights Commission.

The Tribunal dismissed the application, finding it had no jurisdiction to consider a section 34 application based on a prior Commission complaint.

The applicant was advised to file a transitional application under section 53(5) of the Code.

Julia Turner v. OLG Slots at Kawartha Downs, 2009 HRTO 714

Brian Cook

Early dismissal motion denied; applicant directed to provide submissions on Tribunal's jurisdiction over reprisal claims.

The respondent sought early dismissal of the human rights application under section 34(11) of the Human Rights Code, arguing that a civil proceeding had been commenced.

The Tribunal found that the applicant was not a party to the civil action and had not sought an order under section 46.1, so the application was not barred.

However, the Tribunal noted that the applicant's allegations of reprisal did not appear to be linked to claiming or enforcing Code-based rights under section 8.

The Tribunal directed the applicant to file submissions on whether it had jurisdiction to deal with the application.

Giuseppe Partipilo v. David Pomer, 2009 HRTO 706

Brian Cook

Human rights application deemed abandoned and file closed after applicant failed to respond to Tribunal communications.

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

A scheduled mediation session was cancelled at the applicant's request.

The Tribunal subsequently contacted the applicant to reschedule but received no response.

After issuing a notice that failure to respond would result in the application being deemed abandoned, and receiving no reply, the Tribunal deemed the application abandoned and closed the file.

Allen v. Wal-Mart Canada, 2009 HRTO 705

Brian Cook

Human rights application deemed abandoned and file closed after applicant failed to communicate with Tribunal.

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

After cancelling a scheduled mediation session, the applicant failed to respond to the Tribunal's communications regarding new dates.

The Tribunal warned the applicant that failure to respond within ten days would result in the application being deemed abandoned.

Receiving no response, the Tribunal deemed the application abandoned and closed the file.

Virginia Gardner v. Wal-mart Canada Corp., 2009 HRTO 704

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 19, 2009

Human rights application regarding 25-year-old school discrimination dismissed due to substantial prejudice from delay.

The applicant filed a human rights application alleging racial discrimination by teachers and a principal at his elementary school between 1980 and 1982.

The Tribunal issued a Notice of Intent to Dismiss because the application was filed more than 25 years after the events.

The Tribunal found that even if the delay was incurred in good faith, the respondent would suffer substantial prejudice due to faded memories and lost documents.

The application was dismissed.

David O’Hare v. Madoc Drive Public School, 2009 HRTO 652

Brian Cook

Application against corporate respondent barred by s. 34(11) due to concurrent civil action; submissions requested regarding personal respondent.

The applicant requested to withdraw her human rights application against the corporate respondent, North of Superior, while continuing against the personal respondent.

The Tribunal requested submissions from the parties on whether the application against the personal respondent, who was an officer of the corporation, was also barred by section 34(11).

Lillian Napierala v. Paula Bosanac, 2009 HRTO 584

Brian Cook

Request for reconsideration denied as applicant failed to provide new evidence regarding federal jurisdiction.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his application on the basis that the corporate respondent was federally regulated.

The applicant sought an indefinite extension of time to obtain evidence from the Canadian Human Rights Commission regarding its jurisdiction.

Ulysse Guerrier v. Canadian Imperial Bank of Commerce (CIBC) Care Contact Centre and Rossella Sperini, 2009 HRTO 583

Brian Cook

HRTOHuman Rights Tribunal of OntarioMay 4, 2009

Human rights application deferred pending conclusion of related union grievance.

The applicant filed a human rights application alleging the respondents failed to accommodate his knee disability.

The respondents requested that the application be deferred pending the conclusion of a related union grievance dealing with the same facts and issues.

The applicant, who had recently declared bankruptcy, did not respond to the Tribunal's request for submissions on the deferral.

The Tribunal found no reason to depart from its general practice of deferring applications where there is an ongoing grievance based on the same facts, and ordered the application deferred.

Cressman v. Guelph General Hospital, 2009 HRTO 565

Brian Cook

Faculty association permitted to intervene in human rights application alleging sex discrimination.

The applicant filed a human rights application alleging sex discrimination in employment by the respondent university.

The faculty association filed a request to intervene to ensure the Memorandum of Agreement and university policies are followed.

The applicant opposed the request.

Miraglia v. University of Waterloo, 2009 HRTO 468

Brian Cook

Early dismissal denied; WSIB denial of workplace injury claim does not dispose of human rights application.

The applicant filed a human rights application alleging discrimination in employment on the ground of disability, citing a heart attack and a subsequent work-related chest and arm injury.

McElroy v. Metroland Media Group, 2009 HRTO 467

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 15, 2009

Tribunal directs submissions on respondent's request to defer human rights application pending parallel ESA proceeding.

The applicant filed an application alleging discrimination in employment on the grounds of sex and pregnancy following her termination.

The respondent requested that the Tribunal defer the application because the applicant had also filed a parallel application under the Employment Standards Act.

Catherine Chan v. Drake International Inc., 2009 HRTO 441

Brian Cook

HRTOHuman Rights Tribunal of OntarioApr 9, 2009

Respondent granted extension to file Response to human rights application after failing to meet initial deadline.

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 Tribunal's Rules of Procedure.

The Tribunal granted the respondent an extension until April 23, 2009, to file a Response along with an explanation for the delay, failing which the Tribunal may proceed without further notice.

Partipilo v. Pomer, 2009 HRTO 415

Brian Cook

Unopposed request to add the personal respondent's actual employer as a corporate respondent granted.

The applicant filed an application alleging discrimination in employment on the basis of disability against Johnson Controls and an occupational health nurse.

Upon discovering the nurse was employed by WellServe Health Care Management, the applicant requested to add WellServe as a respondent.

Jackson v. Johnson Controls, 2009 HRTO 405

Brian Cook

Tribunal has jurisdiction to enforce pre-2008 settlement subsequently approved by the Commission.

The applicant filed an application alleging the respondent contravened a settlement reached under the old Human Rights Code.

The Tribunal sought submissions on whether it had jurisdiction to enforce the settlement, as it had not been approved by the Commission at the time it was signed.

The Commission advised that the failure to obtain approval was an error and subsequently approved the settlement.

Bonnah v. Ontario (Community and Social Services), 2009 HRTO 400

Brian Cook

Tribunal issues interim directions after respondents fail to respond and refuse service of application.

The applicant filed a human rights application.

The Tribunal mailed the Notice of Application to the respondents, but the mail sent to the personal respondent was returned as 'refused'.

The corporate respondent's mail was not returned but no response was filed.

Lillian Napierala v. North of Superior Programs and Paula Bosanac, 2009 HRTO 348

Brian Cook

Tribunal declined to dismiss application at preliminary stage as jurisdiction issue was not plain and obvious.

The applicant filed an application alleging discrimination.

The Tribunal issued a Notice of Intent to Dismiss because it appeared the events occurred outside Ontario.

The applicant provided written submissions indicating some events occurred in Ontario.

The Tribunal found it was not plain and obvious that the events fell outside provincial jurisdiction and directed that the application continue to be processed and sent to the respondents.

Laurie Brown v. Evangelical Lutheran Church in Canada, Rick Saurer and Susan Avant, 2009 HRTO 329

Brian Cook

HRTOHuman Rights Tribunal of OntarioMar 18, 2009

Union granted intervenor status in human rights application after applicant alleged inadequate grievance representation.

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

The respondent requested early dismissal, arguing the matter was settled by way of Minutes of Settlement in a grievance.

The applicant's former union filed a Request to Intervene after the applicant made allegations in his Reply about the union's representation during the grievance procedure.

As the request was unopposed and the union clearly had an interest in the application, the Tribunal granted the union intervenor status.

Kailani v. Securitas Canada, 2009 HRTO 321

Brian Cook