David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 25, 2009

Tribunal corrects institutional respondent's name and extends deadline for personal respondents to file responses.

The applicant filed an application under the Human Rights Code against the Toronto Police Service and two individuals.

The Tribunal issued an interim decision correcting the institutional respondent's name to the Toronto Police Services Board.

As the personal respondents had not yet filed responses, the Tribunal extended their deadline to do so, warning that failure to participate could result in the matter proceeding without them.

Byaruhanga v. Toronto Police Services Board, 2009 HRTO 1557

David A. Wright

Application regarding special diet allowance suspended pending final decision in related lead cases.

The applicant filed an application relating to the special diet allowance under the Ontario Disability Support Program.

The Tribunal noted that over one hundred similar complaints had been referred to it and were proceeding under a lead case approach.

The Tribunal issued an interim decision suspending further steps in this application until a final decision is issued in the lead cases, consistent with its procedure for similar applications.

Lance v. Ontario (Community and Social Services), 2009 HRTO 1543

David A. Wright

Request to expedite human rights application denied for failing to meet the high threshold of urgency.

The applicant filed a human rights application alleging discrimination on the basis of disability and requested that it be expedited to be heard with her previously scheduled application regarding age discrimination.

The Tribunal denied the request to expedite, finding that the applicant failed to demonstrate the high threshold of urgency required by the Tribunal's jurisprudence, and that expediting the matter on less than a week's notice would be unfair to the respondents.

The Tribunal requested submissions on whether the upcoming hearing should be cancelled and the two applications joined.

Marsden v. Ontario (Community Safety and Correctional Services), 2009 HRTO 1542

David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 23, 2009

Human rights application against personal respondent stayed as it would affect insolvent corporate respondent's business.

The applicant filed a human rights application against her former employer and a personal respondent.

The corporate respondent was subject to a stay of proceedings under the Companies' Creditors Arrangement Act (CCAA).

The Tribunal requested submissions on whether the stay also applied to the personal respondent.

Finding that the allegations against the personal respondent related to her role in conveying human resources decisions made by the corporate respondent, the Tribunal concluded that proceeding against her would affect the corporate respondent's business.

The application against both respondents was stayed pending leave of the Superior Court or consent of the respondents.

Matheson v. Smurfit Stone Container Canada, 2009 HRTO 1528

David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 21, 2009

Tribunal restates test for adding respondents and denies request to add individual paramedics.

The applicant filed a human rights application alleging discrimination during a medical incident and sought to correct the style of cause to name the Toronto Police Services Board as a respondent, and to add two paramedics as individual respondents.

The Tribunal granted the request to correct the style of cause.

However, the Tribunal denied the request to add the individual paramedics, restating the three-part test for adding respondents and finding no compelling reason to add them, as the City of Toronto's liability was not in question and the paramedics' individual actions were not central issues.

William Smyth v. Toronto Police Services Board, City of Toronto, Pawel Holubko, Jeffrey Ma, and Robert McInnis, 2009 HRTO 1513

David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 15, 2009

Human rights application deferred pending resolution of related criminal proceedings to protect respondent's right to silence.

The respondent in a human rights application alleging sexual solicitation and reprisal requested an order to defer filing a Response until related criminal proceedings for sexual assault were resolved.

The respondent argued that proceeding with the human rights application would affect his Charter right to remain silent in the criminal matter.

The Tribunal granted the request, finding that the potential effects on the respondent's rights in the criminal proceedings outweighed the applicant's interests in avoiding delay.

The Tribunal ordered that no further steps be taken in the application for up to one year.

Shannon Wright v. Love Dhawan, 2009 HRTO 1476

David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 14, 2009

Human rights application dismissed for lack of jurisdiction over federally-regulated municipal transit authority.

The applicant filed a human rights application against a municipal transit authority and the city.

The Tribunal previously invited submissions on whether it had jurisdiction, given that the transit authority is a federally-regulated business subject to the Canadian Human Rights Act.

The applicant did not provide submissions.

The Tribunal dismissed the application for lack of jurisdiction.

Adrienne Jarabek v. OC Transpo and the City of Ottawa, 2009 HRTO 1466

David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 8, 2009

Tribunal directs submissions on jurisdiction and schedules conference call for preliminary issues of delay.

The applicant filed a human rights application alleging discrimination during a vocational rehabilitation program.

The respondents filed responses raising preliminary issues, including the Tribunal's lack of jurisdiction over the Government of Canada, delay in filing the application beyond the one-year limitation period, and a request to remove the individually named respondents.

The Tribunal directed the applicant to provide written submissions on the jurisdictional issue and scheduled a conference call to hear submissions on the issues of delay and the removal of the personal respondents.

Reid v. Ontario March of Dimes, 2009 HRTO 1280

David A. Wright

HRTOHuman Rights Tribunal of OntarioAug 21, 2009

Tribunal directs hearing on whether civil action bars human rights application against different respondents.

The applicant filed a human rights application against a corporate respondent and several personal respondents.

The Tribunal issued an interim decision directing a hearing to determine whether the application is barred by section 34(11) of the Human Rights Code, given a related court proceeding involving different respondents.

The hearing will also address whether the corporate respondent is a proper organization respondent and whether the personal respondents should remain.

Saxe-Braithwaite v. Catholic Health Corporation of Ontario, 2009 HRTO 1299

David A. Wright

HRTOHuman Rights Tribunal of OntarioAug 20, 2009

Individual respondents removed from human rights application as school board can implement any ordered systemic remedies.

The applicant filed a human rights application against the school board and 22 individual respondents.

The respondent school board requested the removal of the individual respondents.

The Tribunal granted the request, finding that the school board had the ability to remedy any human rights violations, including through systemic changes, and that keeping the individuals as respondents would unnecessarily prolong and complicate the hearing process.

G.A. v. York Region District School Board, 2009 HRTO 1269

David A. Wright

HRTOHuman Rights Tribunal of OntarioAug 13, 2009

Request to expedite human rights application denied as circumstances did not meet the threshold for urgency.

The applicant filed an application alleging employment discrimination contrary to the Human Rights Code and requested that the matter be expedited due to stress from ongoing discrimination.

The Tribunal denied the request to expedite, finding that the applicant's circumstances did not meet the high threshold of true urgency required to prioritize the application over other matters.

Syska v. Ontario (Attorney General), 2009 HRTO 1252

David A. Wright

Human rights application allowed to proceed as concurrent civil claim did not explicitly seek Code remedies.

The applicant filed a human rights application while a wrongful dismissal proceeding was in progress.

The Tribunal issued a Notice of Intent to Dismiss under section 34(11) of the Human Rights Code, which bars duplicate proceedings.

After reviewing the applicant's draft Statement of Claim, the Tribunal found it did not explicitly refer to the Code or seek damages for its violation.

The Tribunal concluded it was not plain and obvious that the application was barred and directed that it be processed and delivered to the respondent.

Villeneuve v. Paul Ayotte Insurance Brokers, 2009 HRTO 1249

David A. Wright

Respondent granted 10 days to file a Response to human rights application before Tribunal proceeds without notice.

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

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

The Tribunal issued an interim decision warning the respondent of the consequences of failing to participate, including the possibility of the Tribunal proceeding without further notice under Rule 5.5.

The Tribunal granted the respondent 10 days to file a Response along with an explanation for the delay.

Jean Paul Desaulniers v. Satisfied Brake Products Inc., 2009 HRTO 1247

David A. Wright

HRTOHuman Rights Tribunal of OntarioAug 11, 2009

Request for extension to file witness list denied; parties ordered to file compliant lists.

The respondent sought an extension of time to file her witness list, alleging that the applicant had been contacting potential witnesses and causing them to feel harassed.

The Tribunal denied the request, noting that parties are entitled to contact potential witnesses for the other side, though harassment is not permitted.

The Tribunal also noted that the applicant's witness list did not comply with Rule 17.2 and ordered both parties to file compliant witness lists within 10 days.

Chopra v. Kratiuk, 2009 HRTO 1243

Gordon V. Meakings

3 cases2009–2018

David A. Wright

Settlement agreement's specific carve-out allowed human rights application to proceed despite general release clause.

The applicant filed a human rights application alleging discrimination and reprisals by his former employer.

The respondents sought to dismiss the application, arguing it was barred by a settlement agreement signed by the parties that ended the applicant's employment and included a full and final release.

The Tribunal interpreted the agreement, noting a specific clause preserving the applicant's right to make complaints to the Tribunal.

The Tribunal held that the specific clause modified the general release, allowing the applicant to proceed with claims of harassment and reprisal during his employment, but barring him from challenging the termination of his employment or seeking reinstatement.

Robert Pellerin v. Conseil scolaire de district catholique Centre-Sud and Maryse Francella, 2009 HRTO 1238

David A. Wright

Request to add respondent dismissed; proposed representative directed to confirm licensing or exemption status.

The applicant filed a Request for Order During Proceedings to add an individual as a respondent and to add an unlicensed individual as his legal representative.

The Tribunal dismissed the request to add the respondent, as the application contained no allegations of Code violations against him and the events were outside the statutory time limit.

Regarding the representative, the Tribunal noted he appeared to be unlicensed by the Law Society of Upper Canada and directed him to confirm his licensing status or applicable exemption before permitting him to act.

Miguel Avila v. Riverdale Co-operative Houses and Denise Toussaint, 2009 HRTO 1236

David A. Wright

Human rights application dismissed for failing to allege Code violations and ignoring Tribunal directions.

The applicant filed an application under section 34 of the Human Rights Code alleging discrimination on the basis of disability.

The Tribunal previously directed the applicant to provide submissions explaining the allegations, as they were unclear.

The applicant failed to provide the requested submissions.

Finding that the application did not contain allegations of a Code violation and noting the failure to respond to the Tribunal's direction, the adjudicator dismissed the application.

Sparkes v. Brampton Legal Community Services, 2009 HRTO 1235

Human rights application dismissed due to applicant's failure to attend scheduled conference call hearing.

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

The Tribunal scheduled a conference call to hear submissions on preliminary issues.

The applicant failed to attend the scheduled conference call despite being aware of it.

In accordance with its standard practice, the Tribunal proceeded in the applicant's absence and dismissed the application for non-attendance.

Drenic v. YMCA of Greater Toronto, 2009 HRTO 1234

David A. Wright

Practising Law - Employed3 cases2009–2014

Tribunal adds franchisee as respondent but refuses to dismiss application against franchisor at preliminary stage.

The applicant filed a human rights application alleging discrimination on the basis of sex and ethnic origin at a Giant Tiger store.

The franchisor, Giant Tiger Stores Limited, requested an order dismissing the application against it, arguing it had no legal relationship with the store's employees.

The Tribunal dismissed this request, finding that the franchisor's liability should be determined at a hearing.

The applicant requested to add the franchisee, Tora Ottawa Limited, and another corporation, Tora Chabanel Limitée, as respondents.

The Tribunal added Tora Ottawa Limited as it operated the store, but declined to add Tora Chabanel Limitée due to a lack of evidence connecting it to the events.

Beata Philip v. Giant Tiger Stores Limited and Tora Ottawa Limited, 2009 HRTO 1227

Sara Parchello

Brian P. Smeenk

34 cases1982–2012

David A. Wright

HRTOHuman Rights Tribunal of OntarioJul 31, 2009

Human rights application alleging discriminatory termination dismissed for lack of evidence.

The applicant, who was dismissed for poor performance, alleged that his termination and a prior refusal of annual leave were discriminatory based on race, colour, ancestry, place of origin, citizenship, ethnic origin, and creed.

The Tribunal found that the applicant failed to establish on a balance of probabilities that any prohibited ground was a factor in the respondent's actions.

The evidence supported the respondent's position that the dismissal was the result of progressive discipline for poor performance.

The application was dismissed.

Saeed Iqbal v. Inscape Corporation, 2009 HRTO 1189

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

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Leanne E. StandrykCounsel
1 appearance

for Maged Y.N. Samuel

Brendan BrammallCounsel
1 appearance

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Israel BalterCounsel
1 appearance

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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

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Carl SymondsonCounsel
1 appearance

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Shane SmithCounsel
1 appearance

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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

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Asha JamesCounsel
2 appearances
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2 appearances
Niki LundquistCounsel
2 appearances
R.C.Self-represented
2 appearances
J.L.Agent
1 appearance
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1 appearance
Julian FalconerCounsel
1 appearance
Julian RoyCounsel
1 appearance
Jurgen DegenAgent
1 appearance
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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

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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

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Lesli BisgouldCounsel
4 appearances
Cindy WilkeyCounsel
2 appearances
Cynthia WilkeyCounsel
2 appearances
Sarah ShartalCounsel
1 appearance
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1 appearance
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1 appearance
Deirdre McDadeCounsel
1 appearance
Mary MarroneCounsel
1 appearance
Daniel SimionanCounsel
1 appearance
Sheila DrohanCounsel
1 appearance
Jackie EsmondeCounsel
1 appearance

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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

Employment and Labour Law

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 OntarioSep 25, 2009

Tribunal corrects institutional respondent's name and extends deadline for personal respondents to file responses.

The applicant filed an application under the Human Rights Code against the Toronto Police Service and two individuals.

The Tribunal issued an interim decision correcting the institutional respondent's name to the Toronto Police Services Board.

As the personal respondents had not yet filed responses, the Tribunal extended their deadline to do so, warning that failure to participate could result in the matter proceeding without them.

Byaruhanga v. Toronto Police Services Board, 2009 HRTO 1557

David A. Wright

Application regarding special diet allowance suspended pending final decision in related lead cases.

The applicant filed an application relating to the special diet allowance under the Ontario Disability Support Program.

The Tribunal noted that over one hundred similar complaints had been referred to it and were proceeding under a lead case approach.

The Tribunal issued an interim decision suspending further steps in this application until a final decision is issued in the lead cases, consistent with its procedure for similar applications.

Lance v. Ontario (Community and Social Services), 2009 HRTO 1543

David A. Wright

Request to expedite human rights application denied for failing to meet the high threshold of urgency.

The Tribunal requested submissions on whether the upcoming hearing should be cancelled and the two applications joined.

Marsden v. Ontario (Community Safety and Correctional Services), 2009 HRTO 1542

David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 23, 2009

Human rights application against personal respondent stayed as it would affect insolvent corporate respondent's business.

The applicant filed a human rights application against her former employer and a personal respondent.

The corporate respondent was subject to a stay of proceedings under the Companies' Creditors Arrangement Act (CCAA).

The Tribunal requested submissions on whether the stay also applied to the personal respondent.

The application against both respondents was stayed pending leave of the Superior Court or consent of the respondents.

Matheson v. Smurfit Stone Container Canada, 2009 HRTO 1528

David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 21, 2009

Tribunal restates test for adding respondents and denies request to add individual paramedics.

The Tribunal granted the request to correct the style of cause.

William Smyth v. Toronto Police Services Board, City of Toronto, Pawel Holubko, Jeffrey Ma, and Robert McInnis, 2009 HRTO 1513

David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 15, 2009

Human rights application deferred pending resolution of related criminal proceedings to protect respondent's right to silence.

The respondent argued that proceeding with the human rights application would affect his Charter right to remain silent in the criminal matter.

The Tribunal granted the request, finding that the potential effects on the respondent's rights in the criminal proceedings outweighed the applicant's interests in avoiding delay.

The Tribunal ordered that no further steps be taken in the application for up to one year.

Shannon Wright v. Love Dhawan, 2009 HRTO 1476

David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 14, 2009

Human rights application dismissed for lack of jurisdiction over federally-regulated municipal transit authority.

The applicant filed a human rights application against a municipal transit authority and the city.

The Tribunal previously invited submissions on whether it had jurisdiction, given that the transit authority is a federally-regulated business subject to the Canadian Human Rights Act.

The applicant did not provide submissions.

The Tribunal dismissed the application for lack of jurisdiction.

Adrienne Jarabek v. OC Transpo and the City of Ottawa, 2009 HRTO 1466

David A. Wright

HRTOHuman Rights Tribunal of OntarioSep 8, 2009

Tribunal directs submissions on jurisdiction and schedules conference call for preliminary issues of delay.

The applicant filed a human rights application alleging discrimination during a vocational rehabilitation program.

Reid v. Ontario March of Dimes, 2009 HRTO 1280

David A. Wright

HRTOHuman Rights Tribunal of OntarioAug 21, 2009

Tribunal directs hearing on whether civil action bars human rights application against different respondents.

The applicant filed a human rights application against a corporate respondent and several personal respondents.

The hearing will also address whether the corporate respondent is a proper organization respondent and whether the personal respondents should remain.

Saxe-Braithwaite v. Catholic Health Corporation of Ontario, 2009 HRTO 1299

David A. Wright

HRTOHuman Rights Tribunal of OntarioAug 20, 2009

Individual respondents removed from human rights application as school board can implement any ordered systemic remedies.

The applicant filed a human rights application against the school board and 22 individual respondents.

The respondent school board requested the removal of the individual respondents.

G.A. v. York Region District School Board, 2009 HRTO 1269

David A. Wright

HRTOHuman Rights Tribunal of OntarioAug 13, 2009

Request to expedite human rights application denied as circumstances did not meet the threshold for urgency.

The applicant filed an application alleging employment discrimination contrary to the Human Rights Code and requested that the matter be expedited due to stress from ongoing discrimination.

The Tribunal denied the request to expedite, finding that the applicant's circumstances did not meet the high threshold of true urgency required to prioritize the application over other matters.

Syska v. Ontario (Attorney General), 2009 HRTO 1252

David A. Wright

Human rights application allowed to proceed as concurrent civil claim did not explicitly seek Code remedies.

The applicant filed a human rights application while a wrongful dismissal proceeding was in progress.

The Tribunal issued a Notice of Intent to Dismiss under section 34(11) of the Human Rights Code, which bars duplicate proceedings.

After reviewing the applicant's draft Statement of Claim, the Tribunal found it did not explicitly refer to the Code or seek damages for its violation.

The Tribunal concluded it was not plain and obvious that the application was barred and directed that it be processed and delivered to the respondent.

Villeneuve v. Paul Ayotte Insurance Brokers, 2009 HRTO 1249

David A. Wright

Respondent granted 10 days to file a Response to human rights application before Tribunal proceeds without notice.

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

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

The Tribunal granted the respondent 10 days to file a Response along with an explanation for the delay.

Jean Paul Desaulniers v. Satisfied Brake Products Inc., 2009 HRTO 1247

David A. Wright

HRTOHuman Rights Tribunal of OntarioAug 11, 2009

Request for extension to file witness list denied; parties ordered to file compliant lists.

The respondent sought an extension of time to file her witness list, alleging that the applicant had been contacting potential witnesses and causing them to feel harassed.

The Tribunal denied the request, noting that parties are entitled to contact potential witnesses for the other side, though harassment is not permitted.

The Tribunal also noted that the applicant's witness list did not comply with Rule 17.2 and ordered both parties to file compliant witness lists within 10 days.

Chopra v. Kratiuk, 2009 HRTO 1243

Gordon V. Meakings

3 cases2009–2018

David A. Wright

Settlement agreement's specific carve-out allowed human rights application to proceed despite general release clause.

The applicant filed a human rights application alleging discrimination and reprisals by his former employer.

The respondents sought to dismiss the application, arguing it was barred by a settlement agreement signed by the parties that ended the applicant's employment and included a full and final release.

The Tribunal interpreted the agreement, noting a specific clause preserving the applicant's right to make complaints to the Tribunal.

Robert Pellerin v. Conseil scolaire de district catholique Centre-Sud and Maryse Francella, 2009 HRTO 1238

David A. Wright

Request to add respondent dismissed; proposed representative directed to confirm licensing or exemption status.

The applicant filed a Request for Order During Proceedings to add an individual as a respondent and to add an unlicensed individual as his legal representative.

The Tribunal dismissed the request to add the respondent, as the application contained no allegations of Code violations against him and the events were outside the statutory time limit.

Miguel Avila v. Riverdale Co-operative Houses and Denise Toussaint, 2009 HRTO 1236

David A. Wright

Human rights application dismissed for failing to allege Code violations and ignoring Tribunal directions.

The applicant filed an application under section 34 of the Human Rights Code alleging discrimination on the basis of disability.

The Tribunal previously directed the applicant to provide submissions explaining the allegations, as they were unclear.

The applicant failed to provide the requested submissions.

Finding that the application did not contain allegations of a Code violation and noting the failure to respond to the Tribunal's direction, the adjudicator dismissed the application.

Sparkes v. Brampton Legal Community Services, 2009 HRTO 1235

Naomi Calla

32 cases2009–2017

Melany Franklin

12 cases1991–2013

David A. Wright

Human rights application dismissed due to applicant's failure to attend scheduled conference call hearing.

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

The Tribunal scheduled a conference call to hear submissions on preliminary issues.

The applicant failed to attend the scheduled conference call despite being aware of it.

In accordance with its standard practice, the Tribunal proceeded in the applicant's absence and dismissed the application for non-attendance.

Drenic v. YMCA of Greater Toronto, 2009 HRTO 1234

David A. Wright

Practising Law - Employed3 cases2009–2014

Tribunal adds franchisee as respondent but refuses to dismiss application against franchisor at preliminary stage.

The applicant filed a human rights application alleging discrimination on the basis of sex and ethnic origin at a Giant Tiger store.

The franchisor, Giant Tiger Stores Limited, requested an order dismissing the application against it, arguing it had no legal relationship with the store's employees.

The Tribunal dismissed this request, finding that the franchisor's liability should be determined at a hearing.

The applicant requested to add the franchisee, Tora Ottawa Limited, and another corporation, Tora Chabanel Limitée, as respondents.

The Tribunal added Tora Ottawa Limited as it operated the store, but declined to add Tora Chabanel Limitée due to a lack of evidence connecting it to the events.

Beata Philip v. Giant Tiger Stores Limited and Tora Ottawa Limited, 2009 HRTO 1227

Sara Parchello

Brian P. Smeenk

34 cases1982–2012

David A. Wright