David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 27, 2011

Tribunal invites interventions on whether a Police Services Act investigation appropriately deals with human rights issues under s. 45.1.

The Tribunal issued an interim decision regarding the applicant's request to amend the application and the respondents' request to dismiss the application under s. 45.1 of the Human Rights Code, arguing the matter was appropriately dealt with under the Police Services Act.

Noting the significance of the s. 45.1 issue in the context of the Police Services Act, the Tribunal directed that a copy of the decision be sent to the Ontario Human Rights Commission and the Office of the Independent Police Review Director to allow them or other organizations to seek intervener status.

Durrell Claybourn v. Toronto Police Service and Toronto Police Services Board, 2011 HRTO 1406

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 26, 2011

Deferred human rights application reactivated on consent following conclusion of related criminal proceedings.

The applicant requested to reactivate her human rights application, which had been deferred pending the conclusion of criminal proceedings against one of the respondents.

Having provided proof that the criminal proceedings were concluded, the respondents consented to the reactivation.

The Tribunal ordered the application reactivated and placed in the queue for scheduling.

Young v. Arbor Memorial Gardens Canada Ltd., 2011 HRTO 1397

Human rights application against union and its lawyer dismissed at summary hearing for no reasonable prospect of success.

The applicant filed a human rights application against his former union, several union representatives, and a lawyer retained by the union, alleging discrimination on the basis of disability, creed, and association, as well as reprisal.

The respondents requested a summary hearing to dismiss the application.

The Tribunal found that the allegations against the lawyer related to professional negligence rather than discrimination, and the allegations against the union respondents did not establish a link between their actions and any discriminatory factors.

Concluding that the application had no reasonable prospect of success, the Tribunal dismissed it.

Forde v. Elementary Teachers’ Federation of Ontario, 2011 HRTO 1389

David A. Wright

Human rights complaint withdrawn with leave of the Tribunal.

The complainant sought to withdraw his human rights complaint against the Ontario Human Rights Commission and the Ministry of Community and Social Services.

The Human Rights Tribunal of Ontario granted leave and the complaint was withdrawn.

Costello v. Ontario (Community and Social Services), 2011 HRTO 1381

David A. Wright

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

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

After repeatedly failing to attend scheduled mediation sessions and failing to provide written reasons for her absences, the Tribunal issued a Case Assessment Direction.

The direction required the applicant's next friend to confirm attendance at a summary hearing to determine if the application should be dismissed.

When no response was received, the Tribunal deemed the application abandoned and dismissed it.

George v. St. Jude Catholic School, 2011 HRTO 1376

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 20, 2011

Reconsideration request dismissed as new medical evidence would not alter the legal basis for dismissal.

The applicant sought reconsideration of a Tribunal decision that dismissed his human rights application against a doctor and a Children's Aid Society.

The applicant argued that new medical evidence contradicted the findings that led to the child protection report.

The Tribunal dismissed the request, holding that the original decision was based on statutory immunity for reporting and a lack of connection to Code grounds, meaning the new medical evidence would not affect the outcome.

T.A. v. The Children’s Aid Society of Toronto, 2011 HRTO 1368

David A. Wright

Request for reconsideration dismissed as applicant provided no new evidence and attempted to reargue case.

The applicant requested reconsideration of a previous decision that dismissed his human rights application for lack of jurisdiction.

The applicant argued that the Tribunal erred in concluding the application did not fall under the social area of services.

The Tribunal dismissed the request for reconsideration, finding that the applicant provided no new evidence or facts that could not reasonably have been obtained earlier, and was merely attempting to reargue his case.

Tesseris v. Greek Orthodox Church of Canada, 2011 HRTO 1363

David A. Wright

Human rights application dismissed for lack of jurisdiction as no acts of discrimination were alleged.

The applicant filed a human rights application alleging discrimination based on race, colour, ancestry, place of origin, and ethnic origin, objecting to a reference to her film on an unofficial website.

The Tribunal issued a Notice of Intent to Dismiss to determine if the application fell within its jurisdiction.

The Tribunal found that the applicant made no allegations of acts of discrimination within the meaning of the Code and that the website in question was not affiliated with the respondent.

The application was dismissed as being outside the Tribunal's jurisdiction.

Hana Abdul v. Toronto International Film Festival, 2011 HRTO 1361

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 15, 2011

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

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

The applicant failed to attend a scheduled mediation session and did not communicate with the Tribunal to explain the absence.

The Tribunal directed the applicant to advise of her intentions, warning that failure to respond within ten days would be deemed an abandonment of the application.

The applicant did not respond.

The Tribunal deemed the application abandoned and dismissed it.

Pamela D’Alimonte v. Brimar Apartments, 2011 HRTO 1344

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 12, 2011

Human rights complaints dismissed as abandoned after parties failed to respond to Tribunal direction.

The Tribunal issued a Case Assessment Direction requiring any party wishing the complaints to proceed to write to the Tribunal within 14 days, failing which the complaints would be dismissed as abandoned.

No correspondence was received.

The complaints were dismissed as abandoned.

Crarey v. Ontario (Education), 2011 HRTO 1331

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 8, 2011

Individual respondents removed from human rights application on consent.

The applicants brought a human rights application against the Oakville Aquatic Club and individual respondents.

On consent of the parties, the Tribunal issued an interim decision removing the individual respondents from the proceeding and amending the style of cause accordingly.

J.B. and R.B. by their next friend M.B. v. Oakville Aquatic Club, 2011 HRTO 1311

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 6, 2011

Human rights application dismissed as abandoned after applicant failed to file requested WSIB documents.

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

The respondent requested deferral pending the outcome of a related WSIB claim.

The Tribunal issued two interim decisions directing the applicant to file documents regarding the status of the WSIB matter.

The applicant failed to provide the requested documents within the specified timeframes.

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

Brochu v. Micko’s Chips Stand, 2011 HRTO 1284

David A. Wright

Human rights application dismissed as abandoned after applicant failed to respond to early dismissal request.

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

The respondent filed a Request for Early Dismissal on the basis that the issues were within exclusive federal jurisdiction.

The Tribunal directed the applicant to file a response by a specified date, warning that failure to do so could result in the application being deemed abandoned.

The applicant failed to respond.

The Tribunal deemed the application abandoned and dismissed it.

Kerr v. Transit Windsor, 2011 HRTO 1267

David A. Wright

Human rights application dismissed as abandoned after applicant failed to provide respondent's contact information.

The applicant filed a human rights application alleging discrimination with respect to goods, services, and facilities against a travel agency.

The Tribunal was unable to contact the respondent at the addresses provided by the applicant and directed the applicant to provide updated contact information or explain his efforts to find it.

The applicant failed to respond to the Tribunal's directions or communicate further.

Consequently, the Tribunal dismissed the application as abandoned.

Sheikh v. 143005 Ontario Inc., 2011 HRTO 1264

David A. Wright

Reconsideration request dismissed; court finding of constructive dismissal did not alter human rights discrimination analysis.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights applications alleging racial discrimination in employment.

He argued that his successful court action for constructive dismissal constituted new evidence.

The Tribunal dismissed the request, finding that the court's conclusion on constructive dismissal did not affect the Tribunal's determination that the applicant was not discriminated against on the basis of race under the Human Rights Code.

Sauve v. Ininew Friendship Centre, 2011 HRTO 1260

David A. Wright

Application withdrawn against Tribunal and Court; reprisal claim against Hospital allowed to proceed.

The applicant filed a human rights application initially naming the Cambridge Memorial Hospital, the Human Rights Tribunal of Ontario, and the Superior Court of Justice as respondents.

Following a letter from the Registrar raising jurisdictional issues, the applicant withdrew the application against the Tribunal and the Court.

The applicant also amended her claim against the Hospital to allege that its failure to respond to a request for her medical file constituted a reprisal.

The adjudicator found it was not plain and obvious that the allegations against the Hospital fell outside the Tribunal's jurisdiction, allowing the application against the Hospital to continue.

Samurai Diler v. Cambridge Memorial Hospital, 2011 HRTO 1252

David A. Wright

Respondent given 10 days to file Response to human rights application or face default proceedings.

The applicant filed an application under the Human Rights Code.

The respondent failed to file a Response by the deadline set in the Notice of Application.

The Tribunal issued an interim decision directing the respondent to file a Response within 10 days, warning that failure to do so could result in the Tribunal proceeding without further notice and deeming the respondent to have accepted the allegations.

Michael St. Louis v. The DMS Group Inc., 2011 HRTO 1232

David A. Wright

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

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

After failing to attend a rescheduled mediation session, the Tribunal directed the applicant to advise in writing whether she intended to proceed.

The applicant called the Tribunal to state she would not be responding and failed to provide a written response.

The Tribunal deemed the application abandoned and dismissed it.

Wolfe v. Amco Storage Inc., 2011 HRTO 1231

David A. Wright

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

The applicant filed an application under section 34 of the Human Rights Code but failed to attend a scheduled mediation session.

The Tribunal subsequently wrote to the applicant warning that failure to respond could result in the application being deemed abandoned.

After the applicant failed to respond to the Tribunal's correspondence, the application was deemed abandoned and dismissed.

Cindy Young v. Tulmar Safety Systems Inc., 2011 HRTO 1226

David A. Wright

Employment and Labour Law

Human rights complaint withdrawn with leave of the Tribunal.

The complainant sought to withdraw her human rights complaint against the Ministry of Community and Social Services.

The Human Rights Tribunal of Ontario granted leave and the complaint was withdrawn.

S.H. v. Ontario (Community and Social Services), 2011 HRTO 1220

Applicant

Reva LandauSelf-represented
2 appearances
Isobel TaylorSelf-represented
1 appearance
Ali ZakiSelf-represented
1 appearance
Hans FelixSelf-represented
1 appearance
Eugene DionneSelf-represented
1 appearance
Malcolm GrantSelf-represented
1 appearance
C. Hunter WellsSelf-represented
1 appearance
Leslie AustinSelf-represented
1 appearance
Ernie KovacsSelf-represented
1 appearance

Counsel

Geoffrey BakerCounsel
1 appearance
Christopher DianaCounsel
1 appearance
Jennifer E. BirrellCounsel
1 appearance
Robert DrakeCounsel
1 appearance
Mary J. GleasonCounsel
1 appearance
Anthony R. MoffattCounsel
1 appearance
Peter RuskCounsel
1 appearance
Megan TelfordCounsel
1 appearance
Mark ContiniCounsel
1 appearance
Shane SmithCounsel
1 appearance
Dolores BarbiniCounsel
1 appearance
Brendan van NiejenhuisCounsel
1 appearance
Sven PoysaCounsel
1 appearance
Keith P. BurkhardtCounsel
1 appearance
Jordana JosephCounsel
1 appearance
Fay FaradayCounsel
1 appearance
Mark RowlinsonCounsel
1 appearance
Charles ChangCounsel
1 appearance
Naomi CallaCounsel
1 appearance
Adam GoodmanCounsel
1 appearance

Counsel for Her Majesty the Queen in Right of Ontario as Represented by the Ministry of Community Safety and Correctional Services

Brian WhiteheadCounsel
2 appearances

Counsel for Ontario Human Rights Commission

Christine ElwellCounsel
2 appearances

Counsel for Shoppers Drug Mart, Mamak Shafai and Jamie Jones

Allyson FischerCounsel
1 appearance

Counsel for the Applicant

Bruce BestCounsel
1 appearance

Counsel for the Commission

Sharon Ffolkes-AbrahamsCounsel
1 appearance
Cathy PikeCounsel
1 appearance
Christine ElwellCounsel
1 appearance

Counsel for the Complainant Brian Ball

Sarah ShartalCounsel
1 appearance

Counsel for the Complainant S.

Mary MarroneCounsel
1 appearance
Cynthia WilkeyCounsel
1 appearance
Colleen SymCounsel
1 appearance
Lesli BisgouldCounsel
1 appearance

Counsel for the Complainant W.

Andrew BolterCounsel
1 appearance
Jill HoulihanCounsel
1 appearance

Counsel for the Intervener Human Rights Legal Support Centre

Bay RyleyCounsel
1 appearance

Counsel for the Intervener Office of the Employer Advisor

Daryl SeupersadCounsel
1 appearance

Counsel for the Intervener Office of the Worker Advisor

Teresa A. GianfeliceCounsel
1 appearance

Counsel for the Intervener Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance

Counsel for the Respondent

Bruce EllisCounsel
1 appearance
Robert E. CharneyCounsel
1 appearance
Rochelle FoxCounsel
1 appearance
Megan HowattCounsel
1 appearance
Gurjit BrarCounsel
1 appearance
Sophie NunnelleyCounsel
1 appearance
Richard OgdenCounsel
1 appearance

Counsel for the Respondents

Evan Van DykCounsel
1 appearance
Geoffrey BelchCounsel
1 appearance
Dan ByskalCounsel
1 appearance
Kelly M. DawtryCounsel
1 appearance

Counsel for Toronto Police Association

David ButtCounsel
2 appearances

Counsel for Toronto Police Services Board, Anthony Piazza, and Maria Perry

Robert J. BaldwinCounsel
2 appearances

Counsel for William Blair, Chief of Police, Toronto Police Service

Sie-Wing KhowCounsel
2 appearances

Counsel to the Public Guardian and Trustee

Dermot MooreCounsel
1 appearance

court-appointed solicitor for the applicant

James OxleyCounsel
1 appearance

for all Schedule B Complainants

Sarah Shartal-LevinthalCounsel
1 appearance

for Amalgamated Transit Union, Local 107

Budh S. DhillonUnion representative
1 appearance

for Amalgamated Transit Union, Local 966

Charlie BrownUnion representative
1 appearance

for ARCH Disability Law Centre, Intervenor

Kerri JoffeCounsel
1 appearance

for Ariss Place Residential Care and Treatment, Leisa Garniss-Marsh, and Vivien Pukarowski

Kathryn J. BirdCounsel
1 appearance

for Brian Ball and other Complainants

Cindy WilkeyCounsel
1 appearance
Mary MarroneCounsel
1 appearance

for Brock University, Marla Portfilio, John Lye and Richard Brown

Brenda J. BowlbyCounsel
1 appearance

for Canadian Union of Public Employees and its Local 4705

Prasanna BalasundaramCounsel
1 appearance

for Canadian Union of Public Employees, Local 4365

Risa PancerAgent
1 appearance

for Canadian Union of Public Employees, Respondent

Peter EngelmannCounsel
1 appearance

for Dalton Yuill, Applicant

M. Kate StephensonCounsel
1 appearance

for Diane Castor

Anna ZachariahCounsel
1 appearance

for Diane LeFebvre

Georgina WattsCounsel
1 appearance

for E

Ms. Shartal-LevinthalCounsel
1 appearance

for Elementary Teachers’ Federation of Ontario, Jim White, Mary Bricco and Merlin Leis

Stephanie HobbsCounsel
1 appearance

for Hamilton Health Sciences Volunteer Association and Tonia Quinlan

Mark ZegaCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario

Matthew HornerCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario As Represented by the Minister of Community Safety and Correctional Services

Indira SawhCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as Represented by the Minister of Health and Long-Term Care

Gerry SlavinCounsel
1 appearance
Judie ImCounsel
1 appearance

for herself

Sara HormuzSelf-represented
2 appearances
Suzanne HunchukSelf-represented
2 appearances
Patricia RaySelf-represented
2 appearances
Andrea NelsonSelf-represented
2 appearances
Deborah WickhamSelf-represented
2 appearances
Carole MankeSelf-represented
2 appearances
Etta TursaSelf-represented
2 appearances
Debbie MacDonaldSelf-represented
1 appearance

for herself and John MacDonald

Debbie MacDonaldSelf-represented
1 appearance

for himself

Randy KingSelf-represented
2 appearances
Gregory YurkeSelf-represented
2 appearances
Gerald HilbornSelf-represented
2 appearances
R.J. PotomskiSelf-represented
2 appearances
Dean de LottinvilleSelf-represented
1 appearance

for Janet Collins and Monique Ouellet

Fiona PorterCounsel
1 appearance

for Julie Sauve

Lesli BisgouldCounsel
1 appearance

for Luke Speers, Duncan McDonald and Edmund Adderley, Mike Cameron, and Ryan Alexander Moir

Leanne E. StandrykCounsel
1 appearance

for Maged Y.N. Samuel

Brendan BrammallCounsel
1 appearance

for Management Research & Solutions Inc., David Cook, Dan Regan and Lorraine Baudisch

Israel BalterCounsel
1 appearance

for Mark Fennell and Jeffrey Kell

Naomi CallaCounsel
1 appearance
Melany FranklinCounsel
1 appearance

former counsel for the Town

Mr. MirskyCounsel
1 appearance

for MRSI Benchmarking Inc.

Tara LandesAgent
1 appearance

for Ms. Dame

Robert BarberCounsel
2 appearances

for Ms. Lochrie

Salvatore CaramannaCounsel
2 appearances

for Ontario March of Dimes, Brian Dunbar and Nancy Leslie

Christina HallCounsel
1 appearance

for Patricia Mary Frederick, Glenn V. Hedrich, Kristi Heyer, Lanny Hillier

Carl SymondsonCounsel
1 appearance

for Rouge Valley Health System and Sheri Bredewold

Shane SmithCounsel
1 appearance

for Sanjee Aroda, David Wilson, Richard Stavintsky, Nicholas Morris, Peter Shaw, Thomas Hockney, Lorne Bragg, and Clayton Douglas

Naomi CallaCounsel
3 appearances
Kevin A. McGivneyCounsel
3 appearances

for Shoppers Drug Mart, Mamak Shafai and Jamie Jones

Allyson FischerCounsel
1 appearance

for Terry Gibeau and Tom Peckett

Don SullivanCounsel
1 appearance

for the Affected Party Children's Aid Society of the Regional Municipality of Waterloo

Virginia TorranceCounsel
1 appearance

for the applicant

Marlon RoefeCounsel
1 appearance
Cindy CameronCounsel
1 appearance

for the Applicant

Hugh ScherCounsel
4 appearances
Glen MorrisonAgent
4 appearances
David ThomasAgent
3 appearances
M. Kate StephensonCounsel
3 appearances
Self-representedSelf-represented
3 appearances
James Budan-HughesSelf-represented
2 appearances
R.J. PotomskiParalegal
2 appearances
Niki LundquistCounsel
2 appearances
T.A.Self-represented
2 appearances
Glenroy K. BastienCounsel
2 appearances
Jurgen (Jerry) DegenSelf-represented
2 appearances
E.P.Self-represented
2 appearances
P.M.Self-represented
2 appearances
Dennis WebsterSelf-represented
2 appearances
George TesserisSelf-represented
2 appearances
Kate StephensonCounsel
2 appearances
Jeffrey SeberrasSelf-represented
2 appearances
Selwyn A. PietersCounsel
2 appearances
Jo-Ann SeamonCounsel
2 appearances
Timothy BinghamCounsel
2 appearances

for the Applicant/Complainants

M. Kate StephensonCounsel
2 appearances
Elle VenholaCounsel
1 appearance

for the Applicants

Asha JamesCounsel
2 appearances
Arthur P. TarasukCounsel
2 appearances
Niki LundquistCounsel
2 appearances
R.C.Self-represented
2 appearances
J.L.Agent
1 appearance
Grace VaccarelliCounsel
1 appearance
Julian FalconerCounsel
1 appearance
Julian RoyCounsel
1 appearance
Jurgen DegenAgent
1 appearance
Mark HarringtonSelf-represented
1 appearance
M. Kate StephensonCounsel
1 appearance
Michelle BrodeurSelf-represented
1 appearance
J.L.Self-represented
1 appearance
Erica McCowanSelf-represented
1 appearance
Phillip MacAdamCounsel
1 appearance
T.B.Self-represented
1 appearance

for the Applicants Durrell Claybourn and Dave Ferguson

Bruce BestCounsel
1 appearance

for the Applicant Terence Romanchook

R.J. PotomskiAgent
1 appearance
R.J. PotomskiParalegal
1 appearance

for the Attorney General for Ontario, Intervenor

Matthew HornerCounsel
1 appearance

for the Chief of Police for the City of Toronto, William Blair

Sie-Wing KhowCounsel
4 appearances
Kalli Y. ChapmanCounsel
1 appearance

for the Chief of Police, Toronto Police Service

Rebecca BushCounsel
1 appearance

for the City of Hamilton

J. Paul R. HowardCounsel
1 appearance

for the City of Sudbury

Bridget M. JokitaloCounsel
1 appearance

for the City of Toronto and Frank Mitchell

Omo AkintanCounsel
1 appearance

for the City of Toronto and Various Individuals

Slowomit SzlapczyuskiAgent
1 appearance
Heather CrispCounsel
1 appearance
Kerri KitchuraCounsel
1 appearance
Robert FredericksCounsel
1 appearance

for the City of Toronto, James Shelton, Frank Lamie, Frank Mitchell and Susan Lawler

Kerri KitchuraCounsel
1 appearance

for the clinic lead complainants

Cindy WilkeyCounsel
1 appearance
Lesli BisgouldCounsel
1 appearance

for the College

Bernard C. LeBlancCounsel
5 appearances
Debra McKennaCounsel
5 appearances
Karen HeathCounsel
3 appearances
Emily GrahamCounsel
3 appearances
Natasha DansonCounsel
3 appearances
Ahmad MozaffariCounsel
3 appearances
Samil ChagparCounsel
2 appearances
Amy BlockCounsel
2 appearances
Kenzie BuntingCounsel
2 appearances
Alexandra MatushenkoCounsel
2 appearances
Erica RichlerCounsel
1 appearance
Enniael StairCounsel
1 appearance
Victoria CistroneCounsel
1 appearance
Sayran SulevaniCounsel
1 appearance
Penelope NgCounsel
1 appearance
Ben KatesCounsel
1 appearance

for the College of Physicians and Surgeons of Ontario

Michelle GibbsCounsel
1 appearance

for the Commission

Cathy PikeCounsel
6 appearances
Brian SmithCounsel
5 appearances
Eric del JuncoCounsel
3 appearances
Christine ElwellCounsel
2 appearances
Anthony D. GriffinCounsel
2 appearances
Sharon Ffolkes-AbrahamsCounsel
2 appearances
Prabhu RajanCounsel
2 appearances
Monmi GoswamiCounsel
2 appearances
Anthony GriffinCounsel
1 appearance
Hart SchwartzCounsel
1 appearance
Ms. PikeCounsel
1 appearance
Margaret FlynnCounsel
1 appearance
Sharon AbrahamsCounsel
1 appearance
Jean IuCounsel
1 appearance

for the Commission (from May 14, 2008)

Eric del JuncoCounsel
1 appearance

for the Commission/Intervenor

Insiya EssajeeCounsel
1 appearance
Cathy PikeCounsel
1 appearance

for the Complainant

Vickie McPheeAgent
4 appearances
Geri SansonCounsel
3 appearances
Devika J. RatnayakeCounsel
2 appearances
Darby DunnSelf-represented
2 appearances
Greg GoodridgeSelf-represented
1 appearance
Michelle BoyceSelf-represented
1 appearance
Ms. VenholaCounsel
1 appearance
Rachel JacobSelf-represented
1 appearance
Sandra BayneSelf-represented
1 appearance
E.M. VenholaCounsel
1 appearance
Patricia SavoySelf-represented
1 appearance
Anthony TubbsSelf-represented
1 appearance
Kifle BekeleSelf-represented
1 appearance
Vincent SinclairSelf-represented
1 appearance
Deirdre McDadeCounsel
1 appearance
Jennifer FinanSelf-represented
1 appearance
Rafi VeetilAgent
1 appearance
Edwin EspeySelf-represented
1 appearance
Jason WilliamsSelf-represented
1 appearance
Patricia RaySelf-represented
1 appearance

for the Complainant Diane Castor

Anna ZachariahCounsel
1 appearance

for the Complainant Diane LeFebvre

Georgina WattsCounsel
1 appearance

for the Complainant Julie Sauve

Lesli BisgouldCounsel
1 appearance

for the Complainants

Lesli BisgouldCounsel
4 appearances
Cindy WilkeyCounsel
2 appearances
Cynthia WilkeyCounsel
2 appearances
Sarah ShartalCounsel
1 appearance
R.A.Self-represented
1 appearance
Carl SymondsonCounsel
1 appearance
Deirdre McDadeCounsel
1 appearance
Mary MarroneCounsel
1 appearance
Daniel SimionanCounsel
1 appearance
Sheila DrohanCounsel
1 appearance
Jackie EsmondeCounsel
1 appearance

for the Complainants/Applicants

Cynthia WilkeyCounsel
1 appearance
Jackie EsmondeCounsel
1 appearance
Lesli BisgouldCounsel
1 appearance

for the Complainants S. and W.

Cynthia WilkeyCounsel
1 appearance
Lesli BisgouldCounsel
1 appearance

for the Corporation of the City of London

R. Lance CeaserCounsel
2 appearances
Peter J. ThorupCounsel
2 appearances

for the Corporation of the City of Thunder Bay

Rosalie A. EvansCounsel
1 appearance

for the Human Rights Legal Support Centre, Intervenor

Bay RyleyCounsel
1 appearance

for the Intervenor

Cathy PikeCounsel
3 appearances
Sunil GurmukhCounsel
2 appearances
Tess SheldonCounsel
2 appearances
Bruce EllisCounsel
1 appearance
Howard GoldblattCounsel
1 appearance
Mark RowlinsonCounsel
1 appearance
Margaret FlynnCounsel
1 appearance
Risa PancerCounsel
1 appearance
Prassanna BalasundaramCounsel
1 appearance
Stuart SvonkinCounsel
1 appearance
Susan BallantyneCounsel
1 appearance
David ButtCounsel
1 appearance
Anthony D. GriffinCounsel
1 appearance
Sarah WhitmoreCounsel
1 appearance
Grace VaccarelliCounsel
1 appearance
Anita LyonCounsel
1 appearance

for the Intervenor ARCH Disability Law Centre

Tess SheldonCounsel
1 appearance

for the Intervenor Attorney General for Ontario

Matthew HornerCounsel
1 appearance

for the Intervenor Canadian Civil Liberties Association

Stuart SvonkinCounsel
1 appearance
Sarah WhitmoreCounsel
1 appearance

for the Intervenor Canadian Union of Public Employees, Local 79

Ken StuebingCounsel
1 appearance

for the Intervenor Independent Police Review Director

Jean IuCounsel
1 appearance

for the Intervenor Justicia for Migrant Workers

Grace VaccarelliCounsel
1 appearance

for the Intervenor Office of the Worker Advisor

Margaret KeysCounsel
1 appearance

for the Intervenor Ontario Human Rights Commission

Cathy PikeCounsel
6 appearances
Sunil GurmukhCounsel
2 appearances
Rana ArbabianCounsel
1 appearance

for the Intervenor Regional Municipality of Peel Police Services Board

Patricia MurrayCounsel
1 appearance

for the Intervenor/Respondent Mississauga Professional Fire Fighters’ Association

Howard GoldblattCounsel
1 appearance
Heather Ann McConnellCounsel
1 appearance

for the Intervenors African Canadian Legal Clinic, Metro Toronto Chinese & Southeast Asian Legal Clinic and South Asian Legal Clinic of Ontario

Avvy Yao-Yao GoCounsel
1 appearance
Virginia NelderCounsel
1 appearance

for the Intervenor United Food and Commercial Workers Canada, Local 175 & 633

Marcia BarryCounsel
1 appearance

for the lead complainants

Lesli BisgouldCounsel
2 appearances
Cindy WilkeyCounsel
2 appearances

for the lead complainants in the special diet allowance cases

Cindy WilkeyCounsel
1 appearance
Lesli BisgouldCounsel
1 appearance

for the London Professional Fire Fighters’ Association

Charlene WisemanCounsel
2 appearances
Howard GoldblattCounsel
2 appearances

for the Office of the Employer Advisor, Intervenor

Michael ZacksCounsel
1 appearance

for the Office of the Worker Advisor, Intervenor

Teresa GianfeliceCounsel
1 appearance

for the Ontario Human Rights Commission

Cathy PikeCounsel
4 appearances
Anthony D. GriffinCounsel
2 appearances
Kikee MalikCounsel
2 appearances
Brian SmithCounsel
2 appearances
Prabhu RajanCounsel
1 appearance
Christine ElwellCounsel
1 appearance
Melanie ShulmanCounsel
1 appearance

for the Ontario Human Rights Commission, Intervenor

Isfahan MeraliCounsel
1 appearance

for the Proposed Intervenor

Niki LundquistCounsel
1 appearance

for the Proposed Respondent

Randy A. PepperCounsel
1 appearance
Valerie S. GreifenbergerCounsel
1 appearance

for the registrant

Nabiel DawoodCounsel
2 appearances
Jordan GlickCounsel
2 appearances
Lisa E. HamiltonCounsel
2 appearances
Leon PresnerCounsel
1 appearance
Andrew LocatelliCounsel
1 appearance
Lonny RosenCounsel
1 appearance
Lorne HonickmanCounsel
1 appearance
Alisha KapurCounsel
1 appearance
Reem ZaiaCounsel
1 appearance
Adrienne AndersonCounsel
1 appearance
Andrew McKennaCounsel
1 appearance
Carolyn BrandowCounsel
1 appearance
Lisa SpiegelCounsel
1 appearance
Mina KarabitCounsel
1 appearance
Daniel LibmanCounsel
1 appearance
Dylan CrosbyCounsel
1 appearance
Komal HorrilCounsel
1 appearance
Jaan LillesCounsel
1 appearance

for the Registrant

Jamie AndreyechenSelf-represented
1 appearance
Jun YangSelf-represented
1 appearance
Rolando ArangoSelf-represented
1 appearance

for the respondent

Mr. GeigerCounsel
2 appearances
Sophie NunnelleyCounsel
1 appearance

for the Respondent

Robert E. CharneyCounsel
8 appearances
Bruce EllisCounsel
4 appearances
Rochelle FoxCounsel
4 appearances
Sophie NunnelleyCounsel
3 appearances
Sean HanleyCounsel
3 appearances
Courtney HarrisCounsel
3 appearances
Gurjit BrarCounsel
3 appearances
Brenda BowlbyCounsel
3 appearances
Lori PatykCounsel
2 appearances
Jessica FioreCounsel
2 appearances
Matthew R. VellaCounsel
2 appearances
Elizabeth TraynorCounsel
2 appearances
S. Zachary GreenCounsel
2 appearances
Ranjan K. AgarwalCounsel
2 appearances
Anita LyonCounsel
1 appearance
Michael KealyCounsel
1 appearance
Father Peter MentisAgent
1 appearance
Rosanne GiuliettiCounsel
1 appearance
Carl W. PetersonCounsel
1 appearance
Krzysztof CierpichAgent
1 appearance

for the Respondent and Intervenor Mississauga Fire Fighters’ Association

Stephanie HobbsCounsel
1 appearance
Howard GoldblattCounsel
1 appearance

for the Respondent Bradley Verspeeten

Lisa C. CabelCounsel
1 appearance

for the Respondent Canadian Union of Public Employees

Peter EngelmannCounsel
1 appearance
Anne GregoryCounsel
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4365

Risa PancerAgent
1 appearance

for the Respondent Cascades Recovery Inc.

Carissa TanzolaCounsel
1 appearance

for the Respondent Children’s Aid Society of London and Middlesex

Jill Scrutton-FulfordCounsel
3 appearances

for the Respondent City of Hamilton

Lauri A. ReesorCounsel
1 appearance

for the Respondent City of Toronto

Antonella CeddiaCounsel
1 appearance
Amy MurakamiCounsel
1 appearance
Cory LynchCounsel
1 appearance

for the Respondent Daniel Pang

Aaron SchwartzCounsel
1 appearance

for the Respondent Garda Canada Security Corporation

Michelle RolstonAgent
1 appearance

for the Respondent Garda Ontario

Steven J. GearingCounsel
1 appearance

for the Respondent Governing Council of the Salvation Army

Blair W. McCreadieCounsel
1 appearance

for the Respondent Grievance Settlement Board

Susan StewartAgent
1 appearance

for the Respondent Hamilton Professional Fire Fighters’ Association

Mandy WojcikCounsel
1 appearance
Howard GoldblattCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario

Mimi SinghCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Minister of Children and Youth Services

Mimi SinghCounsel
2 appearances
Arif ViraniCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services

Katharine RenisonCounsel
2 appearances

for the Respondent Her Majesty the Queen in Right of Ontario as Represented by the Minister of Community and Social Services

Katharine RenisonCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as Represented by the Minister of Community Safety and Correctional Services (Ontario Provincial Police)

Jinan KubursiCounsel
1 appearance
Marnie CorboldCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Minister of Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care

Beth BeattieCounsel
2 appearances

for the Respondent Her Majesty the Queen in Right of Ontario as Represented by the Minister of Health and Long-Term Care

Beth BeattieCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Ministry of Children and Youth Services

Mimi SinghCounsel
1 appearance

for the Respondent Hillary Whyte

Sally P. BryantCounsel
1 appearance

for the Respondent Jose Pratas

Laura JoyCounsel
3 appearances

for the Respondent Lynwood Charlton Centre

Brent J. ForemanCounsel
1 appearance

for the Respondent Mitsume Fukui

Michael KlugCounsel
1 appearance

for the Respondent Ontario Public Service Employees Union

Caroline V. (Nini) JonesCounsel
1 appearance
Nick ColemanCounsel
1 appearance
Danny KastnerCounsel
1 appearance

for the Respondent Presteve Foods Ltd.

Gino MorgaCounsel
2 appearances

for the respondents

Mr. MantiniCounsel
1 appearance
Erik SavasCounsel
1 appearance
Michele A. WrightCounsel
1 appearance

for the Respondents

Heather CrispCounsel
3 appearances
Robert J. BaldwinCounsel
2 appearances
David PatacairkCounsel
2 appearances
Cindy ClarkeCounsel
2 appearances
S. John PageCounsel
2 appearances
Colin JohnsonCounsel
2 appearances
Elizabeth TraynorCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Danny KastnerCounsel
2 appearances
Dean T. PalmerCounsel
2 appearances
Claudio MartiniCounsel
2 appearances
Brenda BowlbyCounsel
2 appearances
Kerri KitchuraCounsel
2 appearances
Timothy R. PedwellCounsel
1 appearance
Mary KopcokCounsel
1 appearance
Jayson RiderCounsel
1 appearance
Claire VachonCounsel
1 appearance
Damien HornichAgent
1 appearance
Wade PoziomkaCounsel
1 appearance
Glenn E. CohenCounsel
1 appearance

for the Respondents Ariss Place Residential Care and Treatment, Leisa Garniss-Marsh and Vivien Pukarowski

Kathryn J. BirdCounsel
1 appearance

for the respondents Management Research & Solutions Inc., David Cook, Dan Regan and Lorraine Baudisch

Israel BalterCounsel
1 appearance

for the Respondent South East Community Care Access Centre

Shane SmithCounsel
3 appearances

for the Respondents Rouge Valley Health System and Sheri Bredewold

Shane SmithCounsel
1 appearance

for the Respondents The University of Western Ontario, Lisa Ann Korab and Donna Pennee

Barry BrownCounsel
1 appearance

for the Respondents (to May 14, 2008)

Melanie ShulmanCounsel
1 appearance

for the Respondents Toronto Police Service and Toronto Police Services Board

Andrea DenovanCounsel
1 appearance
Robert BaldwinCounsel
1 appearance

for the Respondents Toronto Police Services Board and Wayne Alexander

Andrea DenovanCounsel
1 appearance

for the Respondents Waterloo Catholic District School Board, Deb Zettel-Schmidt, Peter Gross and Roger Lawler

John W. WoonCounsel
1 appearance

for the Respondent The Children’s Aid Society of Toronto

Landon P. YoungCounsel
1 appearance

for the Respondent The Corporation of the City of Mississauga

Lauri A. ReesorCounsel
1 appearance
Patty MurrayCounsel
1 appearance
Graham J. WalshCounsel
1 appearance
Laurie A. ReesorCounsel
1 appearance

for the Respondent The Corporation of the City of Sault Ste. Marie

Nuala KennyCounsel
2 appearances
Matt CaputoCounsel
1 appearance

for the respondent Toronto Police Services Board

Andrea DenovanCounsel
1 appearance

for the Respondent United Transportation Union, Local 104

Melissa AtkinsCounsel
2 appearances
Brian ShellCounsel
2 appearances

for the Toronto Police Association

David ButtCounsel
2 appearances

for the Toronto Police Association, Intervenor

David ButtCounsel
1 appearance

for the Toronto Police Service

Darragh MeagharCounsel
1 appearance

for the Toronto Police Services Board

Kirsten FranzCounsel
1 appearance

for the Toronto Police Services Board and Julian Fantino

Robert J. BaldwinCounsel
3 appearances

for the Toronto Police Services Board, Doug Bethune, and Tony White

Michele WrightCounsel
1 appearance

for the Toronto Professional Firefighters’ Association and Scott Marks

Amanda WojcikCounsel
1 appearance

for the Toronto Professional Fire Fighters' Association and Scott Marks

Howard GoldblattCounsel
1 appearance

for the Toronto Professional Fire Fighters’ Association, Local 3888 and Various Individuals

Mandy WojcikCounsel
1 appearance
Adrienne LeiAgent
1 appearance

for the Town

Mr. O'BrienCounsel
1 appearance

for the Town of Arnprior, Larry Donaldson, Nancy Black, Jack Lammert, Mark Willmer, and Eric Burton

Peter S. MirskyCounsel
1 appearance

for Timothy Denham

Herman FaberCounsel
1 appearance

for Trailmobile Canada Limited

Melodie D. EngCounsel
1 appearance

for Victoria Reaume

Mark EdelsteinCounsel
1 appearance
Raj AnandCounsel
1 appearance

for VON Canada (Middlesex, Elgin), Lyn Leclair, and Connie Milliken

Lynne PoirierCounsel
1 appearance

for Walter Stack

Steven MenardCounsel
1 appearance

for Waterloo Catholic District School Board, Deb Zettel-Schmidt, Peter Gross, and Roger Lawler

John W. WoonCounsel
1 appearance

for Windsor Regional Hospital

Paula TrattnerCounsel
1 appearance

for Workplace Safety and Insurance Board

Gurjit BrarCounsel
1 appearance

Litigation Guardian for John MacDonald

Debbie MacDonaldAgent
1 appearance

On her own behalf

Vesna GuzinaSelf-represented
1 appearance

On Her Own Behalf

Cheryl SchleiferSelf-represented
1 appearance
Uzma AkhtarSelf-represented
1 appearance
Elizabeth WoodworkSelf-represented
1 appearance

on his own behalf

Vincent SinclairSelf-represented
1 appearance
Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

Vincent SinclairSelf-represented
1 appearance
Denis A. HotteSelf-represented
1 appearance
Yusuf ShaikhSelf-represented
1 appearance
Frank PaternoSelf-represented
1 appearance
Peter LowrySelf-represented
1 appearance

On His Own Behalf

Greg GoodridgeSelf-represented
2 appearances
Mahes WeerawardaneSelf-represented
2 appearances
Probhash MondalSelf-represented
1 appearance
Randolph BoyceSelf-represented
1 appearance
William ReidSelf-represented
1 appearance
Jeremy WoodcockSelf-represented
1 appearance
Richy DubeSelf-represented
1 appearance
Bill FarionSelf-represented
1 appearance
Terry WarlingSelf-represented
1 appearance
Stanley DwyerSelf-represented
1 appearance
James GaspariniSelf-represented
1 appearance
Bruno LorangerSelf-represented
1 appearance
Randy KingSelf-represented
1 appearance
David LachanceSelf-represented
1 appearance
Romeo RitlopSelf-represented
1 appearance
Asmond TullochSelf-represented
1 appearance
Denis PilonSelf-represented
1 appearance

plus proche ami for the Applicant

L.L.Agent
1 appearance

pour la Commission

Lise LeducCounsel
2 appearances
Allyssa CaseCounsel
1 appearance

pour le plaignant

Hélène AubertinAgent
2 appearances

pour le requérant

Rahim BadouralySelf-represented
1 appearance
François MorinSelf-represented
1 appearance
Guy LafondSelf-represented
1 appearance

pour les intimés

Marie-Ève L. CoutureCounsel
2 appearances

pour les intimés Hôpital Montford, Reina Binette, André St-Pierre et Diane Lavallée

André ChampagneCounsel
1 appearance

pour l'intimé

Sébastien LorquetCounsel
1 appearance

pour l'intimé Emmanuel Augustin

François BarilCounsel
1 appearance

procureure

Sophia DuguayCounsel
1 appearance

Representative

R.J. PotomskiAgent
1 appearance
Ian FaulknerAgent
1 appearance
Robin GordonUnion representative
1 appearance

requérant

Raul Ricardo Llorente TopeteSelf-represented
1 appearance

Requérant

Rahim BadouralySelf-represented
1 appearance

Respondent

Caroline PicardCounsel
1 appearance

respondents

Melany FranklinCounsel
1 appearance
Naomi CallaCounsel
1 appearance

self-represented

Brenda BergeSelf-represented
2 appearances
Coel FindlaySelf-represented
1 appearance
Maxine ProcopeSelf-represented
1 appearance
Gary CanhotoSelf-represented
1 appearance

Self-represented

Heather DuncanSelf-represented
1 appearance

692

Decisions

Years active

Tribunals

3.0

cases/mo

HRTO660(95%)

OCPDT8(1%)

OMTDT8(1%)

ORPDT5(1%)

OASLPDT4(1%)

OPSDT3(0%)

OCASPD3(0%)

OCFSRB1(0%)

Decision types

motion

638

trial

costs

/Adjudicator

David A. Wright — Membre de la Commission

Human Rights

Administrative Law

Other Tribunals

Health Law

Workplace Safety and Insurance Law

Bankruptcy and Insolvency Law

Landlord and Tenant

Family and Matrimonial Law

Real Estate Law

David A. Wright

Membre de la Commission·Child and Family Services Review Board·Since 2007

OCFSRB OCPDT OMTDT ORPDT OASLPDT OCASPD OPSDT HRTO

692

cases · 20 yrs · HRTO, OCPDT, OMTDT, ORPDT, OASLPDT, OPSDT, OCASPD, OCFSRB

Trial

Motion

Costs

Appeal

Sentencing

Adjudicator· 186Vice-chair· 146Associate Chair· 98Interim Chair· 71Vice-Chair· 58Vice-chair· 21Adjudicator· 18Interim Chair· 15

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 27, 2011

Tribunal invites interventions on whether a Police Services Act investigation appropriately deals with human rights issues under s. 45.1.

Durrell Claybourn v. Toronto Police Service and Toronto Police Services Board, 2011 HRTO 1406

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 26, 2011

Deferred human rights application reactivated on consent following conclusion of related criminal proceedings.

The applicant requested to reactivate her human rights application, which had been deferred pending the conclusion of criminal proceedings against one of the respondents.

Having provided proof that the criminal proceedings were concluded, the respondents consented to the reactivation.

The Tribunal ordered the application reactivated and placed in the queue for scheduling.

Young v. Arbor Memorial Gardens Canada Ltd., 2011 HRTO 1397

Stephanie Hobbs

In Private Practice8 cases2011–2015

Raj Anand

54 cases1981–2017

Mark Edelstein

Practising Law - Employed6 cases2011–2012

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 25, 2011

Human rights application against union and its lawyer dismissed at summary hearing for no reasonable prospect of success.

The respondents requested a summary hearing to dismiss the application.

Concluding that the application had no reasonable prospect of success, the Tribunal dismissed it.

Forde v. Elementary Teachers’ Federation of Ontario, 2011 HRTO 1389

David A. Wright

Human rights complaint withdrawn with leave of the Tribunal.

The complainant sought to withdraw his human rights complaint against the Ontario Human Rights Commission and the Ministry of Community and Social Services.

The Human Rights Tribunal of Ontario granted leave and the complaint was withdrawn.

Costello v. Ontario (Community and Social Services), 2011 HRTO 1381

David A. Wright

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

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

After repeatedly failing to attend scheduled mediation sessions and failing to provide written reasons for her absences, the Tribunal issued a Case Assessment Direction.

The direction required the applicant's next friend to confirm attendance at a summary hearing to determine if the application should be dismissed.

When no response was received, the Tribunal deemed the application abandoned and dismissed it.

George v. St. Jude Catholic School, 2011 HRTO 1376

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 20, 2011

Reconsideration request dismissed as new medical evidence would not alter the legal basis for dismissal.

The applicant sought reconsideration of a Tribunal decision that dismissed his human rights application against a doctor and a Children's Aid Society.

The applicant argued that new medical evidence contradicted the findings that led to the child protection report.

T.A. v. The Children’s Aid Society of Toronto, 2011 HRTO 1368

David A. Wright

Request for reconsideration dismissed as applicant provided no new evidence and attempted to reargue case.

The applicant requested reconsideration of a previous decision that dismissed his human rights application for lack of jurisdiction.

The applicant argued that the Tribunal erred in concluding the application did not fall under the social area of services.

Tesseris v. Greek Orthodox Church of Canada, 2011 HRTO 1363

David A. Wright

Human rights application dismissed for lack of jurisdiction as no acts of discrimination were alleged.

The Tribunal issued a Notice of Intent to Dismiss to determine if the application fell within its jurisdiction.

The Tribunal found that the applicant made no allegations of acts of discrimination within the meaning of the Code and that the website in question was not affiliated with the respondent.

The application was dismissed as being outside the Tribunal's jurisdiction.

Hana Abdul v. Toronto International Film Festival, 2011 HRTO 1361

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 15, 2011

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

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

The applicant failed to attend a scheduled mediation session and did not communicate with the Tribunal to explain the absence.

The Tribunal directed the applicant to advise of her intentions, warning that failure to respond within ten days would be deemed an abandonment of the application.

The applicant did not respond.

The Tribunal deemed the application abandoned and dismissed it.

Pamela D’Alimonte v. Brimar Apartments, 2011 HRTO 1344

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 12, 2011

Human rights complaints dismissed as abandoned after parties failed to respond to Tribunal direction.

No correspondence was received.

The complaints were dismissed as abandoned.

Crarey v. Ontario (Education), 2011 HRTO 1331

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 8, 2011

Individual respondents removed from human rights application on consent.

The applicants brought a human rights application against the Oakville Aquatic Club and individual respondents.

On consent of the parties, the Tribunal issued an interim decision removing the individual respondents from the proceeding and amending the style of cause accordingly.

J.B. and R.B. by their next friend M.B. v. Oakville Aquatic Club, 2011 HRTO 1311

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 6, 2011

Human rights application dismissed as abandoned after applicant failed to file requested WSIB documents.

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

The respondent requested deferral pending the outcome of a related WSIB claim.

The Tribunal issued two interim decisions directing the applicant to file documents regarding the status of the WSIB matter.

The applicant failed to provide the requested documents within the specified timeframes.

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

Brochu v. Micko’s Chips Stand, 2011 HRTO 1284

David A. Wright

Human rights application dismissed as abandoned after applicant failed to respond to early dismissal request.

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

The respondent filed a Request for Early Dismissal on the basis that the issues were within exclusive federal jurisdiction.

The Tribunal directed the applicant to file a response by a specified date, warning that failure to do so could result in the application being deemed abandoned.

The applicant failed to respond.

The Tribunal deemed the application abandoned and dismissed it.

Kerr v. Transit Windsor, 2011 HRTO 1267

David A. Wright

Human rights application dismissed as abandoned after applicant failed to provide respondent's contact information.

The applicant filed a human rights application alleging discrimination with respect to goods, services, and facilities against a travel agency.

The Tribunal was unable to contact the respondent at the addresses provided by the applicant and directed the applicant to provide updated contact information or explain his efforts to find it.

The applicant failed to respond to the Tribunal's directions or communicate further.

Consequently, the Tribunal dismissed the application as abandoned.

Sheikh v. 143005 Ontario Inc., 2011 HRTO 1264

David A. Wright

Reconsideration request dismissed; court finding of constructive dismissal did not alter human rights discrimination analysis.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights applications alleging racial discrimination in employment.

He argued that his successful court action for constructive dismissal constituted new evidence.

Sauve v. Ininew Friendship Centre, 2011 HRTO 1260

David A. Wright

Application withdrawn against Tribunal and Court; reprisal claim against Hospital allowed to proceed.

The applicant filed a human rights application initially naming the Cambridge Memorial Hospital, the Human Rights Tribunal of Ontario, and the Superior Court of Justice as respondents.

Following a letter from the Registrar raising jurisdictional issues, the applicant withdrew the application against the Tribunal and the Court.

The applicant also amended her claim against the Hospital to allege that its failure to respond to a request for her medical file constituted a reprisal.

The adjudicator found it was not plain and obvious that the allegations against the Hospital fell outside the Tribunal's jurisdiction, allowing the application against the Hospital to continue.

Samurai Diler v. Cambridge Memorial Hospital, 2011 HRTO 1252

David A. Wright

Respondent given 10 days to file Response to human rights application or face default proceedings.

The applicant filed an application under the Human Rights Code.

The respondent failed to file a Response by the deadline set in the Notice of Application.

Michael St. Louis v. The DMS Group Inc., 2011 HRTO 1232

David A. Wright

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

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

After failing to attend a rescheduled mediation session, the Tribunal directed the applicant to advise in writing whether she intended to proceed.

The applicant called the Tribunal to state she would not be responding and failed to provide a written response.

The Tribunal deemed the application abandoned and dismissed it.

Wolfe v. Amco Storage Inc., 2011 HRTO 1231

David A. Wright

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

The applicant filed an application under section 34 of the Human Rights Code but failed to attend a scheduled mediation session.

The Tribunal subsequently wrote to the applicant warning that failure to respond could result in the application being deemed abandoned.

After the applicant failed to respond to the Tribunal's correspondence, the application was deemed abandoned and dismissed.

Cindy Young v. Tulmar Safety Systems Inc., 2011 HRTO 1226

David A. Wright