Brian Cook

Application dismissed for lack of jurisdiction over federal government department and extra-provincial events.

The applicant filed an application alleging discrimination in her employment with Public Works and Government Services Canada.

The Tribunal issued a Notice of Intent to Dismiss because the events occurred in Quebec and the respondent is a federal government department.

The Tribunal dismissed the application, finding it lacked jurisdiction over matters falling under federal jurisdiction.

Suzzette Diotte v. Public Works and Government Services Canada, 2009 HRTO 125

Brian Cook

Human rights application against CIBC dismissed because banks fall under federal jurisdiction.

The applicant filed a human rights application against his employer, CIBC Visa Care Contact Centre, and an individual respondent.

The respondents filed a Request for Order During Proceedings, arguing that the Tribunal lacked jurisdiction because banks are federally regulated.

The applicant contended that the Visa Care Contact Centre was a separate entity not subject to federal jurisdiction.

The Tribunal found that the evidence, including a Canada Labour Board certification and a collective agreement referencing federal legislation, clearly established that the corporate respondent was federally regulated.

Consequently, the Tribunal dismissed the application for lack of jurisdiction.

Guerrier v. Canadian Imperial Bank of Commerce, 2009 HRTO 124

Brian Cook

Request to withdraw human rights application granted.

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

The applicant subsequently filed a Request to Withdraw an Application.

The respondents requested and were granted an extension to respond, but provided no further submissions.

The Tribunal granted the request to withdraw the application.

Marie Kirsh v. Timothy Coughlin, Fiore Di Sera and William Turville, 2009 HRTO 101

Brian Cook

Request to expedite proceedings denied as applicant failed to demonstrate urgency.

The applicant filed an Application with the Human Rights Tribunal of Ontario concerning difficulties obtaining legal representation, along with a Request to Expedite Proceedings.

The Tribunal denied the request to expedite, finding that the applicant failed to identify any reason why the Application required an urgent resolution of the issues in dispute.

Christianson v. Ontario (Attorney General), 2009 HRTO 100

Brian Cook

Mediation cancelled and case management directions issued after respondent refused to participate in mediation.

The applicant filed an application under section 53(3) of the Human Rights Code.

The respondent refused to participate in the scheduled mediation.

The Tribunal cancelled the mediation and issued a case management direction ordering the parties to exchange documents and prepare for a case resolution conference in accordance with the Tribunal's Rules of Procedure.

Marilyn McMillan v. Bruce Condominium Corporation No. 6, 2008 HRTO 440

Brian Cook

Request to expedite human rights application denied as historical allegations did not demonstrate true urgency.

The applicant filed a human rights application alleging discrimination on the basis of disability relating to events in the early 1990s, along with a request to expedite the proceedings.

The Tribunal dismissed the request to expedite, applying the test from Weerawardane.

The Tribunal found that the applicant had not demonstrated that the circumstances were truly urgent, particularly given that the alleged events occurred many years ago.

Christianson v. University of Windsor, 2008 HRTO 439

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 19, 2008

Tribunal directed matter to mediation despite missing and incomplete responses from two personal respondents.

The applicant filed a human rights application against his former employer and ten co-workers.

Responses were filed by the corporate respondent and eight personal respondents.

One unrepresented personal respondent filed an incomplete response, and another filed no response.

The Tribunal found that the application and filed responses provided sufficient information to proceed to mediation and directed the Registrar to schedule it, warning the non-responding respondents of the consequences of failing to file a complete response.

Dave Mornix v. Sutherland Global Services ULC, 2008 HRTO 414

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 8, 2008

Late-filed Response accepted after respondent explained it was incorrectly named and unaware of the application.

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

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

Following a previous interim decision, the respondent filed a Response and explained that it had been incorrectly named and only learned of the application upon receiving the interim decision.

The Tribunal accepted the explanation and allowed the late filing of the Response.

Samuel Burns v. Access Housing Connections Inc., 2008 HRTO 376

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 2, 2008

Late response accepted; expedited mediation ordered due to applicant's health and financial situation.

The applicant filed an application under the Human Rights Code.

The respondent failed to file a Response by the initial deadline but subsequently filed one by the extended deadline set in a previous interim decision.

The Tribunal accepted the late Response, subject to the applicant's right to raise prejudice.

Given the applicant's health and financial situation, and both parties' willingness to mediate, the Tribunal directed the Registrar to schedule an expedited mediation session.

Glenn Michael Cymbalisty v. Wal-Mart Canada Corporation, 2008 HRTO 338

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 26, 2008

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

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

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, and granted the respondent an extension until December 2, 2008 to file a Response along with an explanation for the delay.

Samuel Burns v. Toronto Social Housing Connections, 2008 HRTO 316

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 25, 2008

Tribunal ordered submissions on its jurisdiction to enforce a settlement not approved by the Commission.

The applicant filed an Application for Contravention of Settlement under section 45.9(3) of the Human Rights Code.

The settlement was reached under the old Code, and a letter from the Commission indicated that its approval was not required.

However, section 54 of the amended Code states that section 45.9 applies to the enforcement of a settlement that was approved by the Commission.

The Tribunal raised a jurisdictional issue regarding its power to hear the application and ordered the Commission to file a statement of facts and the parties to provide submissions on the interpretation of section 54.

Bonnah v. Ontario (Community and Social Services), 2008 HRTO 308

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 24, 2008

Respondent given final deadline to file Response to human rights application before Tribunal proceeds without notice.

The applicant filed a human rights application against the respondent municipality.

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, and provided a final deadline to file a Response and explain the delay, failing which the Tribunal may proceed without further notice.

John Vowles v. The Corporation of the City of Brampton, 2008 HRTO 290

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 17, 2008

Respondents given final extension to file Response to human rights application before Tribunal proceeds without them.

The applicant filed a human rights application against the respondents.

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, and granted them a final extension to file a Response by November 24, 2008, along with an explanation for the delay.

Peri Maher v. Extendicare (Canada) Inc., 2008 HRTO 276

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 10, 2008

Respondent granted final extension to file Response to human rights application after missing initial deadline.

The applicant filed an application under the Human Rights Code.

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

The Tribunal issued an interim decision noting the failure to respond and warning the respondent of the potential consequences under Rule 5.5 of the Tribunal's Rules of Procedure, which include proceeding without further notice.

The Tribunal granted the respondent a final opportunity to file a Response by November 17, 2008, along with an explanation for the delay.

Glenn Michael Cymbalisty v. Wal-Mart Canada Corporation, 2008 HRTO 242

Human Rights Legal Support Centre

3 cases2008–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 22, 2008

Request to amend human rights application and add personal respondents granted.

The applicant filed a Request for Order During Proceedings to amend his human rights application, add two personal respondents, and add the Human Rights Legal Support Centre as his representative.

The respondents did not file a response to the request.

The Tribunal granted the request, noting that the amended application relied on essentially the same information as the original and the proposed personal respondents were employees of the corporate respondent.

Chrysler v. Aditya Birla Minacs, 2008 HRTO 177

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 21, 2008

Application dismissed for lack of jurisdiction due to pending Commission complaint on same facts.

The applicant filed an application with the Human Rights Tribunal of Ontario while a complaint based on the same facts was pending before the Ontario Human Rights Commission.

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

As the applicant did not provide submissions, the Tribunal dismissed the application pursuant to section 53(8) of the Human Rights Code, which prohibits applications on the same subject-matter as a pre-existing Commission complaint unless specific transitional procedures are followed.

MacDonald v. Bayshore Home Health, 2008 HRTO 172

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 9, 2008

Tribunal directed parties to provide submissions on deferring human rights application pending outstanding grievance.

The applicant filed an application alleging discrimination on the basis of disability regarding a medical leave request.

The respondent sought to dismiss the application or defer it pending an outstanding grievance concerning the same matters.

The Tribunal issued an interim decision directing the parties to provide submissions on whether consideration of the application should be deferred until the grievance is resolved.

Harrison v. Clarendon Foundation, 2008 HRTO 142

Applicant

Mary FerrariSelf-represented
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Mario BanaagSelf-represented
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Hina LiaqatSelf-represented
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Michael NgSelf-represented
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Shihab TahaSelf-represented
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Kenneth MuiSelf-represented
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Lilie YingSelf-represented
1 appearance
Michele Van BauwelSelf-represented
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Anna DeaneSelf-represented
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Donna CameronSelf-represented
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Robert SmithSelf-represented
1 appearance
Kevin CavanaghSelf-represented
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1 appearance
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counsel

Justin McLartyCounsel
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Counsel

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1 appearance
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1 appearance
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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
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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

Application dismissed for lack of jurisdiction over federal government department and extra-provincial events.

The applicant filed an application alleging discrimination in her employment with Public Works and Government Services Canada.

The Tribunal issued a Notice of Intent to Dismiss because the events occurred in Quebec and the respondent is a federal government department.

The Tribunal dismissed the application, finding it lacked jurisdiction over matters falling under federal jurisdiction.

Suzzette Diotte v. Public Works and Government Services Canada, 2009 HRTO 125

Brian Cook

Human rights application against CIBC dismissed because banks fall under federal jurisdiction.

The applicant filed a human rights application against his employer, CIBC Visa Care Contact Centre, and an individual respondent.

The respondents filed a Request for Order During Proceedings, arguing that the Tribunal lacked jurisdiction because banks are federally regulated.

The applicant contended that the Visa Care Contact Centre was a separate entity not subject to federal jurisdiction.

Consequently, the Tribunal dismissed the application for lack of jurisdiction.

Guerrier v. Canadian Imperial Bank of Commerce, 2009 HRTO 124

Brian Cook

Request to withdraw human rights application granted.

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

The applicant subsequently filed a Request to Withdraw an Application.

The respondents requested and were granted an extension to respond, but provided no further submissions.

The Tribunal granted the request to withdraw the application.

Marie Kirsh v. Timothy Coughlin, Fiore Di Sera and William Turville, 2009 HRTO 101

Brian Cook

Request to expedite proceedings denied as applicant failed to demonstrate urgency.

The applicant filed an Application with the Human Rights Tribunal of Ontario concerning difficulties obtaining legal representation, along with a Request to Expedite Proceedings.

The Tribunal denied the request to expedite, finding that the applicant failed to identify any reason why the Application required an urgent resolution of the issues in dispute.

Christianson v. Ontario (Attorney General), 2009 HRTO 100

Brian Cook

Mediation cancelled and case management directions issued after respondent refused to participate in mediation.

The applicant filed an application under section 53(3) of the Human Rights Code.

The respondent refused to participate in the scheduled mediation.

Marilyn McMillan v. Bruce Condominium Corporation No. 6, 2008 HRTO 440

Brian Cook

Request to expedite human rights application denied as historical allegations did not demonstrate true urgency.

The applicant filed a human rights application alleging discrimination on the basis of disability relating to events in the early 1990s, along with a request to expedite the proceedings.

The Tribunal dismissed the request to expedite, applying the test from Weerawardane.

The Tribunal found that the applicant had not demonstrated that the circumstances were truly urgent, particularly given that the alleged events occurred many years ago.

Christianson v. University of Windsor, 2008 HRTO 439

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 19, 2008

Tribunal directed matter to mediation despite missing and incomplete responses from two personal respondents.

The applicant filed a human rights application against his former employer and ten co-workers.

Responses were filed by the corporate respondent and eight personal respondents.

One unrepresented personal respondent filed an incomplete response, and another filed no response.

Dave Mornix v. Sutherland Global Services ULC, 2008 HRTO 414

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 8, 2008

Late-filed Response accepted after respondent explained it was incorrectly named and unaware of the application.

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

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

Following a previous interim decision, the respondent filed a Response and explained that it had been incorrectly named and only learned of the application upon receiving the interim decision.

The Tribunal accepted the explanation and allowed the late filing of the Response.

Samuel Burns v. Access Housing Connections Inc., 2008 HRTO 376

Brian Cook

HRTOHuman Rights Tribunal of OntarioDec 2, 2008

Late response accepted; expedited mediation ordered due to applicant's health and financial situation.

The applicant filed an application under the Human Rights Code.

The respondent failed to file a Response by the initial deadline but subsequently filed one by the extended deadline set in a previous interim decision.

The Tribunal accepted the late Response, subject to the applicant's right to raise prejudice.

Given the applicant's health and financial situation, and both parties' willingness to mediate, the Tribunal directed the Registrar to schedule an expedited mediation session.

Glenn Michael Cymbalisty v. Wal-Mart Canada Corporation, 2008 HRTO 338

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 26, 2008

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

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

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

Samuel Burns v. Toronto Social Housing Connections, 2008 HRTO 316

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 25, 2008

Tribunal ordered submissions on its jurisdiction to enforce a settlement not approved by the Commission.

The applicant filed an Application for Contravention of Settlement under section 45.9(3) of the Human Rights Code.

The settlement was reached under the old Code, and a letter from the Commission indicated that its approval was not required.

However, section 54 of the amended Code states that section 45.9 applies to the enforcement of a settlement that was approved by the Commission.

Bonnah v. Ontario (Community and Social Services), 2008 HRTO 308

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 24, 2008

Respondent given final deadline to file Response to human rights application before Tribunal proceeds without notice.

The applicant filed a human rights application against the respondent municipality.

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

John Vowles v. The Corporation of the City of Brampton, 2008 HRTO 290

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 17, 2008

Respondents given final extension to file Response to human rights application before Tribunal proceeds without them.

The applicant filed a human rights application against the respondents.

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

Peri Maher v. Extendicare (Canada) Inc., 2008 HRTO 276

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 10, 2008

Respondent granted final extension to file Response to human rights application after missing initial deadline.

The applicant filed an application under the Human Rights Code.

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

The Tribunal granted the respondent a final opportunity to file a Response by November 17, 2008, along with an explanation for the delay.

Glenn Michael Cymbalisty v. Wal-Mart Canada Corporation, 2008 HRTO 242

Human Rights Legal Support Centre

3 cases2008–2012

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 22, 2008

Request to amend human rights application and add personal respondents granted.

The applicant filed a Request for Order During Proceedings to amend his human rights application, add two personal respondents, and add the Human Rights Legal Support Centre as his representative.

The respondents did not file a response to the request.

Chrysler v. Aditya Birla Minacs, 2008 HRTO 177

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 21, 2008

Application dismissed for lack of jurisdiction due to pending Commission complaint on same facts.

The applicant filed an application with the Human Rights Tribunal of Ontario while a complaint based on the same facts was pending before the Ontario Human Rights Commission.

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

MacDonald v. Bayshore Home Health, 2008 HRTO 172

Brian Cook