Brian Cook

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 20, 2017

Human rights application deferred pending the conclusion of a related civil action in court.

The applicant filed a human rights application alleging discrimination in employment based on family status, while also pursuing a related civil action in court.

The respondents sought to dismiss the application due to the concurrent court action and for having no reasonable prospect of success.

The Tribunal ordered the application deferred until the conclusion of the court proceeding to avoid inconsistent decisions, noting that the underlying history in both proceedings was essentially the same.

Bogar v. March Ford Inc., 2017 HRTO 1516

Brian Cook

Human rights application deferred pending completion of concurrent grievance process.

The applicant filed an application alleging reprisal and discrimination in employment on the basis of disability.

The respondents requested that the application be deferred because there were ongoing grievances related to the same allegations.

The applicant did not make submissions on the deferral request.

The Tribunal found substantial overlap between the application and the grievances and deferred the application pending the completion of the grievance process, in accordance with its general practice.

Jelena Holland v. Her Majesty the Queen in Right of Ontario as Represented by the Ministry of the Attorney General, Sandra Van Zyl, Amanda Boutros, and Danielled Dell’Elce, 2017 HRTO 1514

Brian Cook

Human rights application against employer dismissed for delay; applicant ordered to provide submissions regarding union.

The applicant filed a human rights application alleging discrimination by his former employer regarding his termination and by his union for failing to pursue a grievance.

The Tribunal dismissed the application against the employer because it was filed more than one year after the termination, and the applicant failed to provide a good faith explanation for the entire period of delay.

The application against the union was timely, but the Tribunal ordered the applicant to provide information regarding a concurrent Ontario Labour Relations Board complaint and evidence that the union's refusal to grieve was discriminatory, failing which the application would be abandoned.

Tony Biviano v. GM CAMI Assembly and Unifor Local 88, 2017 HRTO 1513

Brian Cook

Human rights application dismissed as abandoned after applicant failed to confirm participation in scheduled hearing.

The applicant failed to confirm his intention to participate in the scheduled hearing by the deadline set in a Case Assessment Direction.

As the applicant did not communicate with the Tribunal, the application was dismissed as abandoned and the scheduled hearing was canceled.

Kelly Austin v. The Corporation of The City of Peterborough, 2017 HRTO 1506

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 15, 2017

Human rights application dismissed as abandoned after applicant failed to confirm participation in hearing.

The applicant failed to respond to a Case Assessment Direction requiring him to confirm his intention to participate in the scheduled hearing.

As the applicant did not communicate with the Tribunal, the application was dismissed as abandoned and the scheduled hearing was canceled.

McIlvenna v. Greater Sudbury (City), 2017 HRTO 1498

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 3, 2017

Contravention of settlement application dismissed as the underlying obligation arose from a Tribunal order, not a settlement.

The applicant filed a Contravention of Settlement Application alleging the respondent failed to pay compensation ordered in a previous Tribunal decision.

The Tribunal dismissed the application because there was no settlement between the parties, only a prior Tribunal order.

The Tribunal noted it lacks independent power to enforce its decisions and directed the applicant to file a certified copy of the decision with the Superior Court of Justice for enforcement under section 19 of the Statutory Powers Procedure Act.

Steve Nwagbo v. Kristin Li, 2017 HRTO 1454

Human rights application deemed timely after applicant proved earlier submission was lost by the Tribunal.

The applicant filed a human rights application alleging discrimination following the termination of her employment.

The respondents argued the application was out of time as the Tribunal's record showed it was filed more than one year after the termination.

The applicant provided evidence that she had originally submitted the application within the one-year period but the Tribunal failed to process it.

The Tribunal found the application was filed in accordance with section 34 of the Human Rights Code and directed the processing to continue.

Ogunye v. Waterloo (Regional Municipality), 2017 HRTO 1452

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 17, 2017

Human rights application dismissed; laundromat had no legal obligation to provide an accessible customer washroom.

The applicant, who has restricted mobility, alleged discrimination in services because the respondent laundromat did not have an accessible washroom.

The applicant initially alleged the respondent had a main floor washroom but refused him access, which was proven false.

At the hearing, the applicant argued the respondent was legally required to build an accessible washroom under the AODA or the Code.

The Tribunal dismissed the application, finding no legal obligation for the laundromat to provide a washroom for customers, and that the respondent had attempted to accommodate the applicant by directing him to a nearby accessible washroom.

An allegation of reprisal was also dismissed.

Racette v. 2419778 Ontario Inc., 2017 HRTO 1380

Sabatina Vassalli

In Private Practice14 cases2005–2025

Lonny Rosen

Ella Venhola

2 cases2017–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 13, 2017

Tribunal removes personal respondent and administrative agency from human rights application; defers decision on independent reviewer.

In an interim decision regarding an application alleging discrimination in services related to autism treatment, the Tribunal considered whether certain respondents should be removed.

The Tribunal removed a personal respondent employee on consent after the employer assumed liability.

The Tribunal also removed Contact Niagara, finding it merely administered the independent review mechanism and had no control over the allegedly discriminatory data.

The Tribunal deferred its decision on whether the independent reviewer, Dr. Mason, should be removed pending further submissions.

A.T. by his litigation guardian M.B. v. Kinark Child and Family Services, 2017 HRTO 1353

Stuart Svonkin

4 cases2012–2017

Arlen Sternberg

25 cases2000–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 11, 2017

Human rights application regarding accessible seating not moot despite subsequent policy change allowing online purchases.

The applicant filed human rights applications alleging discrimination because accessible seating for Toronto Blue Jays games could not be purchased online in 2016.

The respondents subsequently changed their policy to allow online purchases and brought a request to dismiss the applications as moot.

The Tribunal dismissed the request, finding that the applications were not moot because the policy change did not address the alleged past discrimination and the applicant had not received the remedies sought, including public interest remedies and monetary compensation.

Andrew Sprague v. Rogers Blue Jays Baseball Partnership dba Toronto Blue Jays Baseball Club and Ticketmaster Canada LP, 2017 HRTO 1339

Henry Juroviesk

In Private Practice4 cases2011–2025

Andrew Reynolds

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 4, 2017

Human rights application dismissed for being filed outside the one-year limitation period without a good faith explanation.

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

The application was filed more than one year after the termination.

The Tribunal held a preliminary hearing to determine if the application should be dismissed for timeliness.

The Tribunal found that the last incident of alleged discrimination was the termination, and that the applicant failed to provide a good faith explanation for the delay in filing.

The application was dismissed.

Aristomenis Nikitopoulos v. Strabag Inc., 2017 HRTO 1302

Brenda Culbert

Not Practising Law - Employed32 cases2011–2017

Alyssa Adams

Brian Cook

Summary hearing to dismiss human rights applications regarding hotel breakfast accommodation denied; applications to proceed.

The applicants, a father and his son who is on the autism spectrum, alleged discrimination in services after being denied access to a hotel's free breakfast due to a line up and the 10:00 a.m. closure time.

The Tribunal held a summary hearing to determine if the applications should be dismissed for having no reasonable prospect of success.

The Tribunal found that the application alleging discrimination on the basis of disability required hearing evidence to determine if the respondent was informed of the son's disability-related needs.

The Tribunal also allowed the father's application to proceed on the grounds of association with a person with a disability and reprisal.

The applications were not dismissed and were directed to proceed to a full hearing.

N.N. and N.A. as represented by his litigation guardian N.N. v. Helias Enterprises, 2017 HRTO 1295

Brian Cook

Practising Law - Employed17 cases1999–2017

Human rights application dismissed as abandoned after applicant failed to confirm hearing attendance.

The applicant filed an application with the Human Rights Tribunal of Ontario.

The Tribunal issued a Case Assessment Direction requiring the applicant to confirm his intention to appear at the scheduled hearing, warning that failure to do so could result in the application being dismissed as abandoned.

The applicant failed to respond or communicate with the Tribunal.

Consequently, the Tribunal dismissed the application as abandoned and canceled the scheduled hearing.

Torres v. Distinct Infrastructure Group o/a Distinct Tech, 2017 HRTO 1292

Michele Hamilton Mayers

3 cases2014–2017

Marnie Corbold

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 26, 2017

Human rights application dismissed as untimely; severe depression did not excuse delay in filing.

The applicant, a police officer, filed a human rights application alleging discrimination on the basis of race, sex, and disability.

The Tribunal held a summary hearing to determine if the application was timely.

The Tribunal found that the allegations within the one-year limitation period had no reasonable prospect of success, and therefore the earlier incidents were not part of a series of incidents.

The Tribunal also found that the applicant's severe depression did not constitute a good faith explanation for the delay, as he was represented by counsel in related matters and could have sought advice.

The application was dismissed as untimely.

Johnson v. Ontario (Community Safety and Correctional Services), 2017 HRTO 1266

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 21, 2017

Deferred human rights applications re-activated following resolution of related OLRB proceeding.

The applicant filed a Request for Order During Proceedings to re-activate four previously deferred human rights applications against the University of Ottawa and the Association of Professors of the University of Ottawa.

The applications had been deferred pending the conclusion of a related proceeding at the Ontario Labour Relations Board.

The applicant provided a Memorandum of Settlement withdrawing the OLRB matter, and the respondents consented to the re-activation.

The Tribunal granted the request, re-activated the deferred applications, declined to defer a fifth application, and extended the time for the respondents to file their Responses.

Attaran v. University of Ottawa, 2017 HRTO 1243

Tom Moutsatsos

Not Practising Law - Employed12 cases2001–2018

Sabatina Vassalli

Michael Lipton

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 20, 2017

Tribunal removes OCGA, declines to add OLG as respondent, and grants interim anonymization.

The applicant filed a human rights application alleging discrimination by the respondent related to his gambling addiction.

In this interim decision, the Tribunal addressed requests to add and remove parties, and a request for anonymization.

The Tribunal removed the Ontario Charitable Gaming Association as a respondent on consent, and declined to add the Ontario Lottery and Gaming Corporation as a respondent, finding it was not a proper party.

The Tribunal granted the applicant's request for anonymization for the interim decision, subject to future review, and directed the parties to mediation.

G.L. v. Delta Bingo Inc., 2017 HRTO 1234

Susan Toth

Not Practising Law - Employed21 cases2009–2017

Stephen Maio

Jo-Ann Seamon

Practising Law - Employed28 cases2009–2023

Bruce Price

Practising Law - Employed7 cases2011–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 19, 2017

Request for summary hearing denied due to factual disputes; union granted intervenor status.

The corporate respondent and a personal respondent requested a summary hearing to determine if the application should be dismissed for having no reasonable prospect of success.

The Tribunal denied the request, finding that evidence was required to resolve factual disputes and clarify the impact of an arbitrator's findings.

The Tribunal also granted the York Regional Police Association's request to intervene, noting its typical practice of allowing union intervention in applications arising from unionized workplaces.

Vernley France v. The Regional Municipality of York Police Services Board, 2017 HRTO 1227

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 18, 2017

Tribunal denies premature disclosure request, defers intervention requests, and refuses to add presbytery as respondent.

In an ongoing human rights application, the Tribunal issued an interim decision addressing several procedural requests.

The applicant's request for document disclosure was deemed premature, as the Notice of Hearing had not yet been issued.

Requests to intervene by third-party organizations were deferred until the exact nature of the applicant's allegations could be clarified.

Additionally, the applicant's request to add the Algoma Presbytery as a respondent was denied, as the Presbytery is already part of the respondent United Church of Canada.

Karen Rodman v. United Church of Canada and London Conference of The United Church of Canada, 2017 HRTO 1219

Susan Adam Metzler

5 cases2010–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 15, 2017

Human rights application by priest dismissed for lack of jurisdiction as dispute was ecclesiastical.

The applicant, an ordained Priest, filed an application alleging reprisal and discrimination in employment based on race, colour, and place of origin following his re-assignment by the respondent Bishop.

The respondents argued the Tribunal lacked jurisdiction because the dispute was ecclesiastical and subject to the Code of Canon Law.

Applying the Court of Appeal's decision in Hart, the Tribunal found that the essential nature of the dispute concerned the assignment of a priest, which is an ecclesiastical issue.

Because the Code of Canon Law provides an internal review process that meets the requirements of natural justice, the applicant was required to pursue those avenues.

The application was dismissed for lack of jurisdiction.

Anozie v. McGrattan, 2017 HRTO 1208

Paula Ruzak

3 cases2011–2017

Lee Lenkinski

Licence Surrendered - Administrative Surrender of Licence11 cases2013–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 7, 2017

Tribunal dismisses previously litigated police complaints but directs response on home arrest allegations.

The applicant brought a human rights application against a hospital and a police services board.

At a summary hearing, the applicant withdrew her allegations against the hospital.

The Tribunal dismissed the applicant's conflict of interest objection regarding the police board's counsel.

The Tribunal dismissed allegations concerning a June 2016 police incident as an abuse of process, noting they had already been dismissed by a small claims court.

However, the Tribunal directed the police board to file a response regarding allegations of improper arrests at the applicant's home in late 2015, finding it premature to dismiss them.

Grey v. University Health Network - Toronto Western Hospital, 2017 HRTO 1164

Applicant

Mary FerrariSelf-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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Michele Van BauwelSelf-represented
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Anna DeaneSelf-represented
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Carlton GerrickSelf-represented
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counsel

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1 appearance

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1 appearance

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1 appearance

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Michael TorranceCounsel
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Daniel ShieldsCounsel
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Clifford HartCounsel
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Paul PingueCounsel
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Lonny RosenCounsel
2 appearances

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Raj AnandCounsel
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Ryan GoldvineUnion representative
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Mahi KeyvaniAgent
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David LawsonSelf-represented
1 appearance

for Honywell Safety Products

Sven PoysaCounsel
1 appearance

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Sabatina VassalliCounsel
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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

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Self-representedSelf-represented
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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
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David WrightCounsel
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Ari KaplanCounsel
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Susan MetzlerCounsel
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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
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3 appearances
Duane MyersSelf-represented
3 appearances
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3 appearances
George CarterSelf-represented
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Donald CampbellSelf-represented
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2 appearances
Irby ShepherdSelf-represented
2 appearances
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2 appearances
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2 appearances
Daniel ParsonsSelf-represented
2 appearances

for the Applicants

Self-representedSelf-represented
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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
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Berhane TsehayeSelf-represented
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for the Canadian Addiction Treatment Centres LP

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Anthony GuindonCounsel
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David SteeleCounsel
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Monica TessierCounsel
1 appearance

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Shemin ManjiCounsel
1 appearance

for the Halton Catholic District School Board

Brenda BowlbyCounsel
1 appearance

for the Intervener

Frank ReynoldsUnion representative
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2 appearances
Paul O’RyanCounsel
2 appearances
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1 appearance
David WrightCounsel
1 appearance
Brian AshtonCounsel
1 appearance
Gordon HumSelf-represented
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1 appearance
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for the Intervenor York Regional Police Association

Bruce PriceCounsel
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Elizabeth ForsterCounsel
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Dolores BarbiniCounsel
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Ross WellsCounsel
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Cheryl EllisonCounsel
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for the Ministry of Community Safety and Correctional Services

Stewart McMahonCounsel
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for the numbered company

Jeffery KerbelAgent
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for the Office of the Independent Police Review Director, Respondent

Lynette D’SouzaCounsel
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for the organizational respondent and the other personal respondents

Douglas AbrahamCounsel
1 appearance

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Melissa KronickCounsel
1 appearance

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Simon-Pierre PaquetteCounsel
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for the proposed respondent

Heather AldenUnion representative
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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
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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

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Thomas SargeantAgent
1 appearance

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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

Robert Onley

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 20, 2017

Human rights application deferred pending the conclusion of a related civil action in court.

The applicant filed a human rights application alleging discrimination in employment based on family status, while also pursuing a related civil action in court.

The respondents sought to dismiss the application due to the concurrent court action and for having no reasonable prospect of success.

Bogar v. March Ford Inc., 2017 HRTO 1516

Brian Cook

Human rights application deferred pending completion of concurrent grievance process.

The applicant filed an application alleging reprisal and discrimination in employment on the basis of disability.

The respondents requested that the application be deferred because there were ongoing grievances related to the same allegations.

The applicant did not make submissions on the deferral request.

Jelena Holland v. Her Majesty the Queen in Right of Ontario as Represented by the Ministry of the Attorney General, Sandra Van Zyl, Amanda Boutros, and Danielled Dell’Elce, 2017 HRTO 1514

Brian Cook

Human rights application against employer dismissed for delay; applicant ordered to provide submissions regarding union.

The applicant filed a human rights application alleging discrimination by his former employer regarding his termination and by his union for failing to pursue a grievance.

Tony Biviano v. GM CAMI Assembly and Unifor Local 88, 2017 HRTO 1513

Brian Cook

Human rights application dismissed as abandoned after applicant failed to confirm participation in scheduled hearing.

The applicant failed to confirm his intention to participate in the scheduled hearing by the deadline set in a Case Assessment Direction.

As the applicant did not communicate with the Tribunal, the application was dismissed as abandoned and the scheduled hearing was canceled.

Kelly Austin v. The Corporation of The City of Peterborough, 2017 HRTO 1506

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 15, 2017

Human rights application dismissed as abandoned after applicant failed to confirm participation in hearing.

The applicant failed to respond to a Case Assessment Direction requiring him to confirm his intention to participate in the scheduled hearing.

As the applicant did not communicate with the Tribunal, the application was dismissed as abandoned and the scheduled hearing was canceled.

McIlvenna v. Greater Sudbury (City), 2017 HRTO 1498

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 3, 2017

Contravention of settlement application dismissed as the underlying obligation arose from a Tribunal order, not a settlement.

The applicant filed a Contravention of Settlement Application alleging the respondent failed to pay compensation ordered in a previous Tribunal decision.

The Tribunal dismissed the application because there was no settlement between the parties, only a prior Tribunal order.

Steve Nwagbo v. Kristin Li, 2017 HRTO 1454

Megan Beal

2 cases2017–2024

Kathryn Bell

Practising Law - Employed1 case2017–2017

Carl Peterson

53 cases1984–2023

Brian Cook

HRTOHuman Rights Tribunal of OntarioNov 2, 2017

Human rights application deemed timely after applicant proved earlier submission was lost by the Tribunal.

The applicant filed a human rights application alleging discrimination following the termination of her employment.

The respondents argued the application was out of time as the Tribunal's record showed it was filed more than one year after the termination.

The applicant provided evidence that she had originally submitted the application within the one-year period but the Tribunal failed to process it.

The Tribunal found the application was filed in accordance with section 34 of the Human Rights Code and directed the processing to continue.

Ogunye v. Waterloo (Regional Municipality), 2017 HRTO 1452

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 17, 2017

Human rights application dismissed; laundromat had no legal obligation to provide an accessible customer washroom.

The applicant, who has restricted mobility, alleged discrimination in services because the respondent laundromat did not have an accessible washroom.

The applicant initially alleged the respondent had a main floor washroom but refused him access, which was proven false.

At the hearing, the applicant argued the respondent was legally required to build an accessible washroom under the AODA or the Code.

An allegation of reprisal was also dismissed.

Racette v. 2419778 Ontario Inc., 2017 HRTO 1380

Sabatina Vassalli

In Private Practice14 cases2005–2025

Lonny Rosen

Ella Venhola

2 cases2017–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 13, 2017

Tribunal removes personal respondent and administrative agency from human rights application; defers decision on independent reviewer.

In an interim decision regarding an application alleging discrimination in services related to autism treatment, the Tribunal considered whether certain respondents should be removed.

The Tribunal removed a personal respondent employee on consent after the employer assumed liability.

The Tribunal also removed Contact Niagara, finding it merely administered the independent review mechanism and had no control over the allegedly discriminatory data.

The Tribunal deferred its decision on whether the independent reviewer, Dr. Mason, should be removed pending further submissions.

A.T. by his litigation guardian M.B. v. Kinark Child and Family Services, 2017 HRTO 1353

Stuart Svonkin

4 cases2012–2017

Arlen Sternberg

25 cases2000–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 11, 2017

Human rights application regarding accessible seating not moot despite subsequent policy change allowing online purchases.

The applicant filed human rights applications alleging discrimination because accessible seating for Toronto Blue Jays games could not be purchased online in 2016.

The respondents subsequently changed their policy to allow online purchases and brought a request to dismiss the applications as moot.

Andrew Sprague v. Rogers Blue Jays Baseball Partnership dba Toronto Blue Jays Baseball Club and Ticketmaster Canada LP, 2017 HRTO 1339

Henry Juroviesk

In Private Practice4 cases2011–2025

Andrew Reynolds

Brian Cook

HRTOHuman Rights Tribunal of OntarioOct 4, 2017

Human rights application dismissed for being filed outside the one-year limitation period without a good faith explanation.

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

The application was filed more than one year after the termination.

The Tribunal held a preliminary hearing to determine if the application should be dismissed for timeliness.

The Tribunal found that the last incident of alleged discrimination was the termination, and that the applicant failed to provide a good faith explanation for the delay in filing.

The application was dismissed.

Aristomenis Nikitopoulos v. Strabag Inc., 2017 HRTO 1302

Brenda Culbert

Not Practising Law - Employed32 cases2011–2017

Alyssa Adams

Brian Cook

Summary hearing to dismiss human rights applications regarding hotel breakfast accommodation denied; applications to proceed.

The Tribunal held a summary hearing to determine if the applications should be dismissed for having no reasonable prospect of success.

The Tribunal found that the application alleging discrimination on the basis of disability required hearing evidence to determine if the respondent was informed of the son's disability-related needs.

The Tribunal also allowed the father's application to proceed on the grounds of association with a person with a disability and reprisal.

The applications were not dismissed and were directed to proceed to a full hearing.

N.N. and N.A. as represented by his litigation guardian N.N. v. Helias Enterprises, 2017 HRTO 1295

Brian Cook

Practising Law - Employed17 cases1999–2017

Human rights application dismissed as abandoned after applicant failed to confirm hearing attendance.

The applicant filed an application with the Human Rights Tribunal of Ontario.

The applicant failed to respond or communicate with the Tribunal.

Consequently, the Tribunal dismissed the application as abandoned and canceled the scheduled hearing.

Torres v. Distinct Infrastructure Group o/a Distinct Tech, 2017 HRTO 1292

Michele Hamilton Mayers

3 cases2014–2017

Marnie Corbold

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 26, 2017

Human rights application dismissed as untimely; severe depression did not excuse delay in filing.

The applicant, a police officer, filed a human rights application alleging discrimination on the basis of race, sex, and disability.

The Tribunal held a summary hearing to determine if the application was timely.

The Tribunal found that the allegations within the one-year limitation period had no reasonable prospect of success, and therefore the earlier incidents were not part of a series of incidents.

The application was dismissed as untimely.

Johnson v. Ontario (Community Safety and Correctional Services), 2017 HRTO 1266

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 21, 2017

Deferred human rights applications re-activated following resolution of related OLRB proceeding.

The applications had been deferred pending the conclusion of a related proceeding at the Ontario Labour Relations Board.

The applicant provided a Memorandum of Settlement withdrawing the OLRB matter, and the respondents consented to the re-activation.

The Tribunal granted the request, re-activated the deferred applications, declined to defer a fifth application, and extended the time for the respondents to file their Responses.

Attaran v. University of Ottawa, 2017 HRTO 1243

Tom Moutsatsos

Not Practising Law - Employed12 cases2001–2018

Sabatina Vassalli

Michael Lipton

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 20, 2017

Tribunal removes OCGA, declines to add OLG as respondent, and grants interim anonymization.

The applicant filed a human rights application alleging discrimination by the respondent related to his gambling addiction.

In this interim decision, the Tribunal addressed requests to add and remove parties, and a request for anonymization.

The Tribunal granted the applicant's request for anonymization for the interim decision, subject to future review, and directed the parties to mediation.

G.L. v. Delta Bingo Inc., 2017 HRTO 1234

Susan Toth

Not Practising Law - Employed21 cases2009–2017

Stephen Maio

Jo-Ann Seamon

Practising Law - Employed28 cases2009–2023

Bruce Price

Practising Law - Employed7 cases2011–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 19, 2017

Request for summary hearing denied due to factual disputes; union granted intervenor status.

The corporate respondent and a personal respondent requested a summary hearing to determine if the application should be dismissed for having no reasonable prospect of success.

The Tribunal denied the request, finding that evidence was required to resolve factual disputes and clarify the impact of an arbitrator's findings.

The Tribunal also granted the York Regional Police Association's request to intervene, noting its typical practice of allowing union intervention in applications arising from unionized workplaces.

Vernley France v. The Regional Municipality of York Police Services Board, 2017 HRTO 1227

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 18, 2017

Tribunal denies premature disclosure request, defers intervention requests, and refuses to add presbytery as respondent.

In an ongoing human rights application, the Tribunal issued an interim decision addressing several procedural requests.

The applicant's request for document disclosure was deemed premature, as the Notice of Hearing had not yet been issued.

Requests to intervene by third-party organizations were deferred until the exact nature of the applicant's allegations could be clarified.

Additionally, the applicant's request to add the Algoma Presbytery as a respondent was denied, as the Presbytery is already part of the respondent United Church of Canada.

Karen Rodman v. United Church of Canada and London Conference of The United Church of Canada, 2017 HRTO 1219

Susan Adam Metzler

5 cases2010–2017

Brian Cook

HRTOHuman Rights Tribunal of OntarioSep 15, 2017

Human rights application by priest dismissed for lack of jurisdiction as dispute was ecclesiastical.

The respondents argued the Tribunal lacked jurisdiction because the dispute was ecclesiastical and subject to the Code of Canon Law.

Applying the Court of Appeal's decision in Hart, the Tribunal found that the essential nature of the dispute concerned the assignment of a priest, which is an ecclesiastical issue.

Because the Code of Canon Law provides an internal review process that meets the requirements of natural justice, the applicant was required to pursue those avenues.

The application was dismissed for lack of jurisdiction.

Anozie v. McGrattan, 2017 HRTO 1208

Paula Ruzak

3 cases2011–2017

Lee Lenkinski

Licence Surrendered - Administrative Surrender of Licence11 cases2013–2017

Brian Cook