David Muir

HRTOHuman Rights Tribunal of OntarioDec 28, 2017

Human rights application dismissed for lack of service relationship and no reasonable prospect of success.

The applicant filed a human rights complaint alleging that the Office of the Children's Lawyer failed to properly investigate his complaint regarding a clinical investigator's report in a child custody dispute.

The respondent requested a summary hearing to dismiss the application.

The Tribunal dismissed the application, finding it had no reasonable prospect of success as the applicant pled no facts linking the investigation to a protected ground.

Furthermore, the Tribunal held it lacked jurisdiction because there is no service relationship under the Code between the Office of the Children's Lawyer and parents involved in custody litigation.

Konesavarathan v. Ontario (Attorney General), 2017 HRTO 1715

David Muir

Human rights application dismissed as abandoned due to applicant's failure to comply with Tribunal directions.

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

After the applicant's counsel withdrew, the Tribunal issued multiple directions requiring the applicant to confirm his intention to proceed and to provide mutually agreeable dates for mediation.

The applicant failed to respond to the Tribunal's communications and a subsequent Case Assessment Direction warning of potential dismissal.

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

Augerinos Apostolos v. Leo A. Seydel Limited, 2017 HRTO 1674

David Muir

Practising Law - Employed3 cases2014–2017

Request for adjudicator's recusal dismissed; disagreements with prior rulings do not establish apprehension of bias.

The applicant filed a Request for Order During Proceeding seeking the adjudicator's recusal, alleging apprehension of bias, actual bias, errors of fact, and denial of procedural fairness.

The adjudicator dismissed the request, finding that the applicant's disagreements with prior rulings, including the denial of anonymization and refusal to grant further extensions, did not constitute evidence of bias.

The adjudicator noted the request was untimely and merely an attempt to re-argue previously decided matters.

Atas v. Law Society of Upper Canada, 2017 HRTO 1670

Pauline Kwan

David Muir

Applicant ordered to deliver materials by mail as respondent did not consent to email delivery.

The respondent filed a Request for Order During Proceeding seeking a direction that the applicant deliver materials to it by mail, as it had experienced issues receiving materials by email.

The applicant opposed the request.

The Tribunal granted the request, noting that under Rule 1.21 of the Tribunal's Rules, delivery by email is only permitted if the receiving party consents.

As the respondent preferred mail and did not consent to email, the applicant was directed to deliver her materials by regular mail.

Melissa Younano v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Finance, 2017 HRTO 1669

David Muir

HRTOHuman Rights Tribunal of OntarioDec 15, 2017

Tribunal orders respondent to file complete Response; document production request denied as premature.

The applicant filed a Request for Order During Proceeding seeking production of documents and a complete Response from the respondent.

The respondent had filed an incomplete Response that did not address the merits of the Application, citing a changeover in its Board of Directors.

The Tribunal denied the request for document production as premature, but ordered the respondent to deliver and file a completed Form 2 Response within 20 days, noting that failure to do so could result in the Tribunal refusing to allow the respondent to present evidence or make submissions on unraised issues.

Cortney Constantinos v. Pretty River Academy, 2017 HRTO 1659

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal directions.

The respondent filed a Request for Summary Hearing seeking to dismiss the human rights application.

The applicant failed to file a response to the Request and subsequently failed to respond to a Case Assessment Direction warning that the application could be dismissed as abandoned.

The Tribunal concluded that the applicant had abandoned the application and dismissed it.

Trisha Jury v. Saint Elizabeth Health Care, 2017 HRTO 1658

David Muir

Tribunal removes individual respondent and denies summary dismissal of discrimination application.

The applicant filed a human rights application alleging discrimination in employment after being removed from an occasional teaching assignment.

The respondent school board requested to remove the school and an individual as respondents, and sought a summary hearing to dismiss the application.

The applicant requested to add another individual respondent.

The Tribunal held that the school board was the proper organizational respondent and removed the individual respondent, finding no compelling reason to include them since the board could accept liability.

The Tribunal denied the request for a summary hearing, finding that evidence was required to determine if discrimination was a factor in the decision.

Querobin v. Toronto District School Board, 2017 HRTO 1657

David Muir

HRTOHuman Rights Tribunal of OntarioDec 8, 2017

Human rights application dismissed as abandoned after applicant failed to attend scheduled summary hearing.

The applicant filed an application alleging discrimination in employment based on gender identity, age, sex, and reprisal.

The Tribunal scheduled a summary hearing by telephone conference to determine if the application should be dismissed for having no reasonable prospect of success.

The applicant failed to attend the scheduled hearing and did not communicate with the Tribunal to explain her absence.

Consequently, the Tribunal dismissed the application on the basis that it was deemed abandoned.

Desjardins v. Riverside Sportsmen Club, 2017 HRTO 1639

David Muir

HRTOHuman Rights Tribunal of OntarioDec 7, 2017

Adjournment of summary hearing granted due to sudden illness of respondent's counsel.

The respondent requested an adjournment of a scheduled summary hearing because her counsel became ill and was unable to attend.

The applicant opposed the request without providing a specific reason.

The Tribunal granted the adjournment, finding that counsel's illness constituted an extraordinary circumstance justifying the request.

Symonik v. Hutchings, 2017 HRTO 1631

David Muir

Not Practising Law - Employed260 cases2007–2026

Human rights application dismissed as abandoned after applicant repeatedly failed to comply with procedural directions.

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

Despite multiple Case Assessment Directions, the applicant failed to provide a Reply to the respondent's Response, failed to disclose documents, and failed to provide witness lists or statements as required by the Tribunal's Rules of Procedure.

The applicant also ceased communicating with the Tribunal.

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

Coutts v. Toronto Transit Commission, 2017 HRTO 1596

Peter Dailleboust

David Muir

Human rights application deferred pending the conclusion of a concurrent grievance arbitration proceeding.

The respondent requested that the human rights application be deferred pending the conclusion of an ongoing grievance arbitration proceeding.

The applicant opposed the deferral.

The Tribunal found that the issues raised in the grievance arbitration were largely the same as those in the application.

To avoid different conclusions about the facts in concurrent proceedings, the Tribunal exercised its discretion to defer the application pending the completion of the grievance process.

Egesi v. Ontario (Premier), 2017 HRTO 1591

David Muir

Human rights application dismissed as unfounded and for egregious abuse of process after applicant sent abusive emails.

The applicant alleged racial discrimination when seeking a replacement license plate sticker at a Service Ontario location, claiming he was required to provide documentation not asked of white clients.

The applicant failed to attend the hearing.

The Tribunal heard evidence from the respondent's witnesses, which established that the required documentation was standard and no similar transactions occurred that day.

The Tribunal found the allegations completely unfounded.

Furthermore, the Tribunal found the applicant engaged in an egregious abuse of process by sending violent, misogynistic emails to the respondent's representative.

The application was dismissed on its merits and as an abuse of process, and the applicant's request for the adjudicator's recusal was denied.

John v. 1608271 Ontario Inc., 2017 HRTO 1588

David Muir

HRTOHuman Rights Tribunal of OntarioNov 29, 2017

Request for reconsideration dismissed; applicant failed to provide reasonable excuse for missing hearing.

The applicant requested reconsideration of a decision that dismissed her human rights application as abandoned after she failed to attend a conference call hearing.

The applicant claimed she was unable to attend because she was called away to retrieve a package.

The Tribunal found this was not a reasonable excuse, noting it was inconsistent with her communication on the day of the hearing that she did not intend to participate.

The request for reconsideration was dismissed.

Weekes v. Coast Mental Health, 2017 HRTO 1579

Request to bifurcate hearing denied as merits evidence overlapped with preliminary objection defences.

The applicant filed a Request for Order During Proceeding seeking to bifurcate the hearing to address a preliminary objection raised by the respondent.

The respondent opposed the request.

The Tribunal denied the request, finding that it would not be more fair, just, and expeditious to bifurcate the hearing, as much of the evidence related to the merits was also necessary for the respondent's defences, including the argument that there was no service relationship between the parties.

Melissa Younano v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Finance, 2017 HRTO 1559

David Muir

HRTOHuman Rights Tribunal of OntarioNov 23, 2017

Request to remove individual respondents granted as corporate respondent accepted liability for their actions.

The respondent requested to remove two individual respondents (the applicant's immediate supervisor and a Disability Management Consultant) from an application alleging discrimination in employment based on disability.

The Tribunal applied the factors from Sigrist and Persaud, finding that the individuals were acting in the course of their employment, the corporate respondent accepted liability for their actions, and there was no compelling juridical reason to keep them as parties.

The request was granted and the individual respondents were removed.

Ellis v. Lifelabs, 2017 HRTO 1549

Megan Evans-Maxwell

3 cases2008–2017

David Muir

Human rights application against legal support centre dismissed at summary hearing for lack of evidence.

The applicant filed a human rights application alleging discrimination and reprisal by the Human Rights Legal Support Centre and two of its staff members for refusing to represent him in a prior Tribunal proceeding.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The adjudicator found no evidence linking the respondents' decision not to represent the applicant to any prohibited grounds under the Code.

The application was dismissed for having no reasonable prospect of success.

Bagherian v. Human Rights Legal Support Centre, 2017 HRTO 1543

David Muir

Reconsideration request denied as applicant failed to meet threshold criteria and attempted to re-argue case.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application alleging a breach of settlement.

The applicant argued there were new facts, the decision conflicted with established case law, and the adjudicator was biased.

The Tribunal found that the applicant was attempting to re-argue his case and failed to establish any of the threshold criteria under Rule 26.5 justifying reconsideration.

The request for reconsideration was denied.

Tarek Ibrahim v. Hilton Toronto Hotel, 2017 HRTO 1539

David Muir

Request for reconsideration dismissed as applicant failed to meet threshold criteria and attempted to re-argue case.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application for being filed beyond the one-year limitation period under section 34(1) of the Human Rights Code.

The applicant argued the decision conflicted with established jurisprudence and failed to address all allegations.

The Tribunal found the applicant was attempting to re-argue his case and failed to establish any of the threshold criteria for reconsideration under Rule 26.5.

The request for reconsideration was dismissed.

Jeremiah McCann v. City of Toronto (Paramedic Services), 2017 HRTO 1538

David Muir

HRTOHuman Rights Tribunal of OntarioNov 20, 2017

Requests for reconsideration of final and interim decisions denied as applicant merely sought to re-argue case.

The applicant requested reconsideration of a final decision dismissing her applications and an interim decision denying her requests for anonymization.

The Tribunal found that the applicant failed to meet the threshold criteria for reconsideration, as she merely sought to re-argue issues already decided and did not present new determinative evidence or demonstrate a conflict with established jurisprudence.

The requests for reconsideration were denied.

Atas v. Law Society of Upper Canada, 2017 HRTO 1520

David Muir

HRTOHuman Rights Tribunal of OntarioNov 17, 2017

Human rights application dismissed as abandoned and for lack of jurisdiction over Crown Attorney conduct.

The respondent filed a Request for Summary Hearing.

The applicant failed to respond to the Request and failed to comply with a subsequent Case Assessment Direction requiring submissions.

The Tribunal deemed the application abandoned and dismissed it.

The Tribunal also noted that the application, which concerned the conduct of a Crown Attorney and the terms of a bail order, was beyond its jurisdiction.

John v. Ontario (Attorney General), 2017 HRTO 1510

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1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

for The Crown in Right of Ontario as represented by the Minister of Finance, Respondent

Lori PatykCounsel
1 appearance
Jessica FioreCounsel
1 appearance

for the Crown in Right of Ontario as represented by the Ministry of the Attorney General

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

Andrew T. GrahamCounsel
2 appearances
William M. SproullCounsel
2 appearances
Kevin GriffithsCounsel
1 appearance
James V. LeoneCounsel
1 appearance

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

Sue LottCounsel
4 appearances
Ryan GoldvineCounsel
3 appearances
Louis SokolovCounsel
2 appearances
Cathy PikeCounsel
2 appearances
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Paul O’RyanCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Quadira JacksonCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Insiya EssajeeCounsel
1 appearance
Elizabeth NurseCounsel
1 appearance
Rick LaporteUnion representative
1 appearance
Jerry RasoCounsel
1 appearance

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

Ross GowerCounsel
1 appearance
Elliot SpearsCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

Jeff BrooksSelf-represented
1 appearance
Stephen RobinsonSelf-represented
1 appearance
Jon CannSelf-represented
1 appearance
Sandra JohnsonSelf-represented
1 appearance

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

for The Regional Municipality of Halton Police Services Board, Staff Sgt. Andrews, Officer Proulx, Sgt. Brown and Sgt. Crawford

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
Melanie HerbinCounsel
4 appearances
Roy FilionCounsel
4 appearances
David PatacairkCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Steve LavenderCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Greg BullenCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Adrien IafrateCounsel
1 appearance
Kerri KitchenCounsel
1 appearance
Vivian BercoviciCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance
Jeffrey NicholsonCounsel
1 appearance
Civity GauleyCounsel
1 appearance

for the Respondent 1524700 Ontario Inc. o/a Connect Personnel

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

for the Respondent Canusa-CPS, a Division of ShawCor Ltd.

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

for the Respondent HMQ in Right of Ontario as represented by the Minister of Community and Social Services

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

for the Respondent Luxottica Retail Canada Inc. c.o.b. as LensCrafters

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

for the Respondent National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Local 1643

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

David C. TurnerCounsel
1 appearance
Greg BullenCounsel
1 appearance
Paula M. RusakCounsel
1 appearance

for the Respondent(s)

Jenifer RichardsCounsel
1 appearance
Mireille KhoraychCounsel
1 appearance
Mark JosslynCounsel
1 appearance
Stephen F. WIlsonCounsel
1 appearance

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Robert WeirCounsel
1 appearance
Beverly BanksAgent
1 appearance
Glenn K. L. ChuCounsel
1 appearance
Derek L. RogersCounsel
1 appearance
Casey PicardAgent
1 appearance
James BallCounsel
1 appearance
Frank ChengAgent
1 appearance
1818224 Ontario Limited o/a Country Style DonutSelf-represented
1 appearance
Kristin A. LeyCounsel
1 appearance
Nelda LozinskiSelf-represented
1 appearance
David GourlayCounsel
1 appearance
Terry TaylorSelf-represented
1 appearance
Brenda BowlbyCounsel
1 appearance

for the Respondents 2333508 Ontario Inc. o.a. McArthur & Lafontaine Freshco and Eric Ala-Kanti

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

for the Respondents Communications, Energy and Paperworkers Union of Canada, Local 1701 and Rob Gardner

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

for the Respondents Gail Shields, Paul Clarke, Arleen Duffy and Ralph Lyon

Naomi CallaCounsel
1 appearance

for the Respondents Greater Essex County District School Board, Mary Gallagher, Heather Liffiton, Bob Garrett, and Diane Beck

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

for the Respondents Ontario Secondary School Teachers’ Federation, District 9, Sandra Sahli, Pat Pajot and Geoff Delaplanque

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

for the Respondent Swiss Chalet Restaurant o/a Eagle Rock Hospitality

Andy BalauraCounsel
1 appearance

for the Respondent, The Governing Council of the Salvation Army in Canada

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

Antonella CeddiaCounsel
1 appearance
Andrea DonevanCounsel
1 appearance

for the Respondent United Food and Commercial Workers International Union, Local 333

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

for The Salvation Army – Ontario General East and Salvation Army – Territorial Headquarters

Andy PushalikCounsel
1 appearance
Christine LeblancCounsel
1 appearance

for the Social Benefits Tribunal and Social Justice Tribunals of Ontario

Asad MotenCounsel
1 appearance

for the TPA respondents

Caroline v. (Nini) JonesCounsel
1 appearance

for the TPSB respondents

Omo AkintanCounsel
1 appearance

for the TPSOA respondents

Ian RolandCounsel
1 appearance

for the United Food and Commercial Workers Union, Local 175

Sandra ColeAgent
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for Toronto District School Board

Glorie AlfredCounsel
1 appearance

for Traders General Insurance Company

Mark DonaldsonCounsel
1 appearance

for University Health Network

Jacqueline SilveraAgent
1 appearance

for Waste Management of Canada Corporation

Seann D. McAleeseCounsel
1 appearance

for Wawanesa Mutual Insurance Company

Danette CashmanCounsel
1 appearance
Darrell MarchCounsel
1 appearance
Donald G. CormackCounsel
1 appearance

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

Jennifer GuthCounsel
1 appearance
Melanie MalachCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

Jody WilliamsSelf-represented
1 appearance
Indira HansrajSelf-represented
1 appearance

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

Santo BarbieriSelf-represented
1 appearance
Albert BayletSelf-represented
1 appearance
Dhirendra SharmaSelf-represented
1 appearance
Narine LoojuneSelf-represented
1 appearance

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

Neal SommerCounsel
1 appearance
Kathryn J. BirdCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

Cathy CharpentierSelf-represented
1 appearance
Al BagherianSelf-represented
1 appearance
Elisabeth MitchinsonSelf-represented
1 appearance

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

/Adjudicator

David Muir — Vice-Chair

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

Vice-Chair·Human Rights Tribunal of Ontario·Since 1999

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 1053Vice-chair· 110Arbitrator· 98Adjudicator· 76Vice-Chair· 43Adjudicator· 13Vice Chair· 5Vice-Chair· 1

Tamar Friedman

3 cases2017–2019

David Muir

HRTOHuman Rights Tribunal of OntarioDec 28, 2017

Human rights application dismissed for lack of service relationship and no reasonable prospect of success.

The respondent requested a summary hearing to dismiss the application.

The Tribunal dismissed the application, finding it had no reasonable prospect of success as the applicant pled no facts linking the investigation to a protected ground.

Furthermore, the Tribunal held it lacked jurisdiction because there is no service relationship under the Code between the Office of the Children's Lawyer and parents involved in custody litigation.

Konesavarathan v. Ontario (Attorney General), 2017 HRTO 1715

David Muir

Human rights application dismissed as abandoned due to applicant's failure to comply with Tribunal directions.

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

After the applicant's counsel withdrew, the Tribunal issued multiple directions requiring the applicant to confirm his intention to proceed and to provide mutually agreeable dates for mediation.

The applicant failed to respond to the Tribunal's communications and a subsequent Case Assessment Direction warning of potential dismissal.

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

Augerinos Apostolos v. Leo A. Seydel Limited, 2017 HRTO 1674

David Muir

Practising Law - Employed3 cases2014–2017

Request for adjudicator's recusal dismissed; disagreements with prior rulings do not establish apprehension of bias.

The applicant filed a Request for Order During Proceeding seeking the adjudicator's recusal, alleging apprehension of bias, actual bias, errors of fact, and denial of procedural fairness.

The adjudicator noted the request was untimely and merely an attempt to re-argue previously decided matters.

Atas v. Law Society of Upper Canada, 2017 HRTO 1670

Pauline Kwan

David Muir

Applicant ordered to deliver materials by mail as respondent did not consent to email delivery.

The respondent filed a Request for Order During Proceeding seeking a direction that the applicant deliver materials to it by mail, as it had experienced issues receiving materials by email.

The applicant opposed the request.

The Tribunal granted the request, noting that under Rule 1.21 of the Tribunal's Rules, delivery by email is only permitted if the receiving party consents.

As the respondent preferred mail and did not consent to email, the applicant was directed to deliver her materials by regular mail.

Melissa Younano v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Finance, 2017 HRTO 1669

David Muir

HRTOHuman Rights Tribunal of OntarioDec 15, 2017

Tribunal orders respondent to file complete Response; document production request denied as premature.

The applicant filed a Request for Order During Proceeding seeking production of documents and a complete Response from the respondent.

The respondent had filed an incomplete Response that did not address the merits of the Application, citing a changeover in its Board of Directors.

Cortney Constantinos v. Pretty River Academy, 2017 HRTO 1659

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal directions.

The respondent filed a Request for Summary Hearing seeking to dismiss the human rights application.

The applicant failed to file a response to the Request and subsequently failed to respond to a Case Assessment Direction warning that the application could be dismissed as abandoned.

The Tribunal concluded that the applicant had abandoned the application and dismissed it.

Trisha Jury v. Saint Elizabeth Health Care, 2017 HRTO 1658

David Muir

Tribunal removes individual respondent and denies summary dismissal of discrimination application.

The applicant filed a human rights application alleging discrimination in employment after being removed from an occasional teaching assignment.

The respondent school board requested to remove the school and an individual as respondents, and sought a summary hearing to dismiss the application.

The applicant requested to add another individual respondent.

The Tribunal denied the request for a summary hearing, finding that evidence was required to determine if discrimination was a factor in the decision.

Querobin v. Toronto District School Board, 2017 HRTO 1657

David Muir

HRTOHuman Rights Tribunal of OntarioDec 8, 2017

Human rights application dismissed as abandoned after applicant failed to attend scheduled summary hearing.

The applicant filed an application alleging discrimination in employment based on gender identity, age, sex, and reprisal.

The Tribunal scheduled a summary hearing by telephone conference to determine if the application should be dismissed for having no reasonable prospect of success.

The applicant failed to attend the scheduled hearing and did not communicate with the Tribunal to explain her absence.

Consequently, the Tribunal dismissed the application on the basis that it was deemed abandoned.

Desjardins v. Riverside Sportsmen Club, 2017 HRTO 1639

David Muir

HRTOHuman Rights Tribunal of OntarioDec 7, 2017

Adjournment of summary hearing granted due to sudden illness of respondent's counsel.

The respondent requested an adjournment of a scheduled summary hearing because her counsel became ill and was unable to attend.

The applicant opposed the request without providing a specific reason.

The Tribunal granted the adjournment, finding that counsel's illness constituted an extraordinary circumstance justifying the request.

Symonik v. Hutchings, 2017 HRTO 1631

David Muir

Not Practising Law - Employed260 cases2007–2026

Human rights application dismissed as abandoned after applicant repeatedly failed to comply with procedural directions.

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

The applicant also ceased communicating with the Tribunal.

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

Coutts v. Toronto Transit Commission, 2017 HRTO 1596

Peter Dailleboust

David Muir

Human rights application deferred pending the conclusion of a concurrent grievance arbitration proceeding.

The respondent requested that the human rights application be deferred pending the conclusion of an ongoing grievance arbitration proceeding.

The applicant opposed the deferral.

The Tribunal found that the issues raised in the grievance arbitration were largely the same as those in the application.

To avoid different conclusions about the facts in concurrent proceedings, the Tribunal exercised its discretion to defer the application pending the completion of the grievance process.

Egesi v. Ontario (Premier), 2017 HRTO 1591

David Muir

Human rights application dismissed as unfounded and for egregious abuse of process after applicant sent abusive emails.

The applicant failed to attend the hearing.

The Tribunal heard evidence from the respondent's witnesses, which established that the required documentation was standard and no similar transactions occurred that day.

The Tribunal found the allegations completely unfounded.

Furthermore, the Tribunal found the applicant engaged in an egregious abuse of process by sending violent, misogynistic emails to the respondent's representative.

The application was dismissed on its merits and as an abuse of process, and the applicant's request for the adjudicator's recusal was denied.

John v. 1608271 Ontario Inc., 2017 HRTO 1588

David Muir

HRTOHuman Rights Tribunal of OntarioNov 29, 2017

Request for reconsideration dismissed; applicant failed to provide reasonable excuse for missing hearing.

The applicant requested reconsideration of a decision that dismissed her human rights application as abandoned after she failed to attend a conference call hearing.

The applicant claimed she was unable to attend because she was called away to retrieve a package.

The Tribunal found this was not a reasonable excuse, noting it was inconsistent with her communication on the day of the hearing that she did not intend to participate.

The request for reconsideration was dismissed.

Weekes v. Coast Mental Health, 2017 HRTO 1579

Pauline Kwan

Practising Law - Employed3 cases2014–2017

Michael Anasakta

2 cases2017–2017

David Muir

HRTOHuman Rights Tribunal of OntarioNov 27, 2017

Request to bifurcate hearing denied as merits evidence overlapped with preliminary objection defences.

The applicant filed a Request for Order During Proceeding seeking to bifurcate the hearing to address a preliminary objection raised by the respondent.

The respondent opposed the request.

Melissa Younano v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Finance, 2017 HRTO 1559

David Muir

HRTOHuman Rights Tribunal of OntarioNov 23, 2017

Request to remove individual respondents granted as corporate respondent accepted liability for their actions.

The request was granted and the individual respondents were removed.

Ellis v. Lifelabs, 2017 HRTO 1549

Megan Evans-Maxwell

3 cases2008–2017

David Muir

Human rights application against legal support centre dismissed at summary hearing for lack of evidence.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The adjudicator found no evidence linking the respondents' decision not to represent the applicant to any prohibited grounds under the Code.

The application was dismissed for having no reasonable prospect of success.

Bagherian v. Human Rights Legal Support Centre, 2017 HRTO 1543

David Muir

Reconsideration request denied as applicant failed to meet threshold criteria and attempted to re-argue case.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application alleging a breach of settlement.

The applicant argued there were new facts, the decision conflicted with established case law, and the adjudicator was biased.

The Tribunal found that the applicant was attempting to re-argue his case and failed to establish any of the threshold criteria under Rule 26.5 justifying reconsideration.

The request for reconsideration was denied.

Tarek Ibrahim v. Hilton Toronto Hotel, 2017 HRTO 1539

David Muir

Request for reconsideration dismissed as applicant failed to meet threshold criteria and attempted to re-argue case.

The applicant argued the decision conflicted with established jurisprudence and failed to address all allegations.

The Tribunal found the applicant was attempting to re-argue his case and failed to establish any of the threshold criteria for reconsideration under Rule 26.5.

The request for reconsideration was dismissed.

Jeremiah McCann v. City of Toronto (Paramedic Services), 2017 HRTO 1538

David Muir

HRTOHuman Rights Tribunal of OntarioNov 20, 2017

Requests for reconsideration of final and interim decisions denied as applicant merely sought to re-argue case.

The applicant requested reconsideration of a final decision dismissing her applications and an interim decision denying her requests for anonymization.

The requests for reconsideration were denied.

Atas v. Law Society of Upper Canada, 2017 HRTO 1520

David Muir