David Muir

HRTOHuman Rights Tribunal of OntarioJan 12, 2016

Request to remove individual respondents granted as corporate respondent conceded vicarious liability.

The corporate respondent filed a Request for Order During Proceeding to remove two individual respondents from an application alleging discrimination in employment on the basis of ethnic origin.

The applicant did not respond to the request.

Applying the Persaud factors, the Tribunal found that the corporate respondent would be vicariously liable for the actions of the individuals, there was no issue regarding its ability to remedy the alleged violation, and no compelling reason existed to keep the individuals as parties.

The request was granted and the individual respondents were removed.

Steven Steele v. Maxville Tank Lines, 2016 HRTO 47

David Muir

HRTOHuman Rights Tribunal of OntarioJan 7, 2016

Adjournment request denied as applicant's active participation in other legal matters contradicted his medical evidence.

The applicant requested an adjournment of a scheduled summary hearing for medical reasons, providing a letter from his family physician.

The Tribunal denied the request, finding that the applicant's active participation in other legal proceedings, including filing complex legal submissions and participating in mediation, contradicted the medical evidence that he was incapable of engaging in activities requiring focused cognition.

The summary hearing was ordered to proceed as scheduled.

King v. Sherbourne Mental Health Centre, 2016 HRTO 24

David Muir

HRTOHuman Rights Tribunal of OntarioDec 30, 2015

Request for production of applicant's prior work experience records granted in part.

The respondent filed a Request for Order During Proceeding seeking the production of records related to the applicant's prior work experience.

The applicant opposed the Request.

The Tribunal found the applicant's prior experience arguably relevant to the reasons for his dismissal, as he asserted having 25 years of sales experience in his reply and witness statement.

The Tribunal granted the Request in part, ordering the applicant to provide a resume of his prior sales experience with contact information.

Salvador Bejar v. 2001 Audio/Video Centre Ltd., 2015 HRTO 1751

David Muir

Request to defer human rights application pending regulatory college complaint denied.

The applicant filed a human rights application alleging discrimination with respect to goods and services because of disability.

The applicant subsequently requested that the Tribunal defer the application pending the conclusion of a complaint he filed with the College of Registered Psychotherapists of Ontario.

The respondents opposed the request.

The Tribunal denied the deferral request, finding that under section 36(3) of the Regulated Health Professions Act, 1991, the College proceeding could have no legal impact on the human rights case, and deferral would only result in significant delay.

King v. Sherbourne Health Centre, 2015 HRTO 1734

David Muir

Unopposed request for a six-month adjournment due to applicant's medical issues granted.

The applicant requested a six-month adjournment of the hearing scheduled for January 14, 2016, citing medical issues that prevented him from participating effectively.

The respondent did not oppose the request.

The Tribunal granted the adjournment, finding that the medical information provided described exceptional circumstances related to the conduct of the hearing.

The hearing was rescheduled to June 2016.

Randy King v. Dollarama, 2015 HRTO 1733

David Muir

HRTOHuman Rights Tribunal of OntarioDec 23, 2015

Adjournment request denied as counsel's unavailability was not raised within the 14-day window.

The respondents requested an adjournment of the scheduled hearing dates because their counsel was unavailable.

The applicant opposed the request.

The Tribunal denied the adjournment, noting that under its Practice Direction, requests made more than 14 days after the Notice of Hearing require extraordinary circumstances.

Counsel's pre-existing unavailability, discovered after the 14-day window, did not constitute an extraordinary circumstance.

Lattrulo v. Comprehensive Petcare Inc. cob as the Animal Hospital of Unionville, 2015 HRTO 1729

David Muir

In Private Practice12 cases2015–2026

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal's status update request.

The applicant filed an application under section 34 of the Human Rights Code, which was deferred pending the resolution of another legal proceeding.

The Tribunal subsequently requested an update from the applicant regarding the status of the other proceeding, warning that failure to respond could result in dismissal for abandonment.

The applicant failed to respond to the Tribunal's correspondence.

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

Lessey v. City of Toronto, 2015 HRTO 1720

Kayla Kwinter

David Muir

Request for Tribunal Ordered Inquiry denied due to lack of particulars regarding alleged witness threats.

The applicant in a human rights proceeding filed a Request for Tribunal Ordered Inquiry, alleging that potential witnesses had been threatened.

The Tribunal denied the request, noting that such inquiries are not routine and cannot substitute for the usual production process.

The applicant failed to provide particulars of the alleged threats or explain why the inquiry was necessary for a fair adjudication.

Furthermore, the matter was scheduled for a summary hearing where no evidence would be tendered.

Powless v. Ontario Lacrosse Association, 2015 HRTO 1719

David Muir

HRTOHuman Rights Tribunal of OntarioDec 21, 2015

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

The applicant filed an application under the Human Rights Code.

The respondent filed a response and requests for early dismissal and summary hearing.

The applicant failed to respond to the respondent's pleadings and subsequent Tribunal directions.

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

Williams v. Ontario (Ministry of Community Safety and Correctional Services), 2015 HRTO 1718

David Muir

HRTOHuman Rights Tribunal of OntarioDec 18, 2015

Human rights application dismissed as abandoned after applicant failed to file submissions on jurisdiction.

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

The respondent raised a jurisdictional objection, arguing the Code was expressly excluded by statute.

The Tribunal directed the applicant to file submissions on the jurisdictional issue.

After being granted an extension, the applicant failed to file submissions or communicate further with the Tribunal.

The Tribunal deemed the application abandoned and dismissed it.

James Spooner v. Her Majesty the Queen in right of Ontario as represented by the Ministry of Transportation, 2015 HRTO 1708

Brian O'Byrne

20 cases1983–2016

David Muir

Interim order granted permitting applicant to visit hospitalized mother-in-law with his service animal.

The applicant sought an interim remedy to allow him to visit his mother-in-law in her hospital room while accompanied by his service animal.

The respondent hospital did not oppose the request.

The Tribunal found the test for interim relief was met, noting the urgency due to the family member's health status and the lack of identified harm.

The Tribunal granted the interim order, permitting access on the same basis as other family members, subject to specific exclusions for sterile and critical care environments.

Andrew Sprague v. University Health Network, 2015 HRTO 1706

David Muir

Reconsideration denied; late offer to produce medical records does not cure abuse of process.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application as an abuse of process.

The original dismissal was based on the applicant's refusal to produce medical records and the prior dismissal of a related grievance arbitration for the same reason.

The applicant argued he received bad advice from his health care team and was now willing to produce the documents.

The Tribunal denied the reconsideration request, finding that the applicant's change of heart did not constitute new evidence and that the application remained an abuse of process due to forum shopping.

Hicks v. Hamilton-Wentworth Catholic District School Board, 2015 HRTO 1702

David Muir

Request for reconsideration dismissed as the applicant failed to meet the threshold criteria.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application for having no reasonable prospect of success.

The applicant argued that the decision did not correlate with the admitted facts.

The Tribunal found that the applicant failed to meet the threshold criteria for reconsideration under Rule 26.5, noting that mere disagreement with the decision without reference to the criteria is insufficient.

The request for reconsideration was dismissed.

Anthony Hicks v. Ottawa Police Services, 2015 HRTO 1699

David Muir

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

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

The Tribunal deferred the application on consent pending the resolution of another legal proceeding.

The Tribunal later wrote to the applicant requesting an update on the other proceeding and warning that failure to respond could result in dismissal for abandonment.

The applicant failed to respond to the Tribunal's inquiry.

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

Charlotte Veras v. Baywood Paper Ltd., 2015 HRTO 1697

David Muir

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

The applicant filed an application under s. 34 of the Human Rights Code, which the Tribunal previously deferred pending the resolution of another legal proceeding.

The Tribunal later requested a status update on the other proceeding, warning that failure to respond might result in the application being dismissed as abandoned.

The applicant did not respond to the Tribunal's correspondence.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Peters v. Law Society of Upper Canada, 2015 HRTO 1691

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal's request.

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

The Tribunal deferred the application pending the resolution of another legal proceeding.

The Tribunal later requested an update from the applicant, warning that failure to respond might result in dismissal for abandonment.

The applicant did not respond.

The application was deemed abandoned and dismissed.

Ayesha Najib v. Preston Phipps Inc., 2015 HRTO 1688

David Muir

Request to remove seven individual respondents from human rights application granted.

The applicant alleged discrimination in employment based on disability, including failure to accommodate and reprisal.

The corporate respondent, Independent Electricity System Operator (IESO), brought a Request for an Order During Proceeding to remove seven individual respondents as parties.

The Tribunal granted the request, finding that the individuals were acting in the course of their employment and implementing corporate policy, and that the corporate respondent would be able to provide a remedy if a Code violation was found.

Salisbury v. Independent Electrical System Operator, 2015 HRTO 1685

David Muir

Request to reactivate deferred human rights application denied; concurrent grievance arbitration must conclude first.

The applicant filed a Request for an Order During Proceedings seeking to reactivate his human rights application, which had been deferred pending the conclusion of a concurrent grievance arbitration.

The applicant cited concerns with the conduct of the arbitration and delays in scheduling.

The Tribunal dismissed the request, finding that the delay was not sufficiently egregious to justify concurrent proceedings and that the settlement discussions described by the applicant were typical for an arbitration.

The application remains deferred.

Chowdhury v. Hilton Toronto, 2015 HRTO 1682

David Muir

Request to reactivate deferred human rights application denied as related police disciplinary proceedings remained ongoing.

The applicant filed a Request for an Order During Proceedings to reactivate his human rights application, which had been deferred pending the conclusion of related proceedings under the Police Services Act.

The respondent opposed the request because the Police Services Act proceedings had not yet concluded.

The Tribunal dismissed the request, finding it inappropriate to reactivate the application before the conclusion of the proceedings to which it was deferred.

Andrew Robson v. Region of Waterloo Police Services Board, 2015 HRTO 1681

David Muir

HRTOHuman Rights Tribunal of OntarioDec 10, 2015

Human rights application dismissed as out of time; pursuing other litigation is not a good faith excuse.

The applicant filed a human rights application alleging discrimination in the provision of goods and services on the basis of disability, almost 23 months after the last alleged incident.

The Tribunal issued a Case Assessment Direction requiring submissions on whether the application was out of time.

The applicant argued the delay was due to his involvement in extensive other litigation and his disability.

The Tribunal found that pursuing other legal proceedings does not constitute a good faith reason for delay, and the applicant provided no medical evidence that his disability prevented him from filing on time.

The application was dismissed as out of time.

Barksey v. Health Science North or Ramsay Lake Health Case, 2015 HRTO 1670

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Wayne FerronSelf-represented
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Cecil NormanAgent
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Self-representedSelf-represented
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Self-representedSelf-represented
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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

William M. SproullCounsel
2 appearances
Andrew T. GrahamCounsel
2 appearances
James V. LeoneCounsel
1 appearance
Kevin GriffithsCounsel
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
Rick LaporteUnion representative
1 appearance
Elizabeth NurseCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Insiya EssajeeCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Jerry RasoCounsel
1 appearance
Quadira JacksonCounsel
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

Elliot SpearsCounsel
1 appearance
Ross GowerCounsel
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

Stephen RobinsonSelf-represented
1 appearance
Jon CannSelf-represented
1 appearance
Sandra JohnsonSelf-represented
1 appearance
Jeff BrooksSelf-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
Greg BullenCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
James HeeneyCounsel
1 appearance
Vivian BercoviciCounsel
1 appearance
Kerri KitchenCounsel
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

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Glorie AlfredCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Patricia G. MurrayCounsel
2 appearances
Karen EnsslenCounsel
1 appearance
Katherine PollockCounsel
1 appearance
Melanie Borowicz-SibenikCounsel
1 appearance
Sheryl L. JohnsonCounsel
1 appearance
Steve WilliamsCounsel
1 appearance
Meredith GaydaCounsel
1 appearance
Paula M. RusakCounsel
1 appearance
Stephen ShortCounsel
1 appearance
Michelle AltonCounsel
1 appearance
Barry J. BrownCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance
Craig R. ColraineCounsel
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

Andrea DonevanCounsel
1 appearance
Antonella CeddiaCounsel
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

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

Melanie MalachCounsel
1 appearance
Jennifer GuthCounsel
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

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Graham H. SmithAgent
1 appearance
Carla AdamsAgent
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

David Muir

HRTOHuman Rights Tribunal of OntarioJan 12, 2016

Request to remove individual respondents granted as corporate respondent conceded vicarious liability.

The corporate respondent filed a Request for Order During Proceeding to remove two individual respondents from an application alleging discrimination in employment on the basis of ethnic origin.

The applicant did not respond to the request.

The request was granted and the individual respondents were removed.

Steven Steele v. Maxville Tank Lines, 2016 HRTO 47

David Muir

HRTOHuman Rights Tribunal of OntarioJan 7, 2016

Adjournment request denied as applicant's active participation in other legal matters contradicted his medical evidence.

The applicant requested an adjournment of a scheduled summary hearing for medical reasons, providing a letter from his family physician.

The summary hearing was ordered to proceed as scheduled.

King v. Sherbourne Mental Health Centre, 2016 HRTO 24

David Muir

HRTOHuman Rights Tribunal of OntarioDec 30, 2015

Request for production of applicant's prior work experience records granted in part.

The respondent filed a Request for Order During Proceeding seeking the production of records related to the applicant's prior work experience.

The applicant opposed the Request.

The Tribunal found the applicant's prior experience arguably relevant to the reasons for his dismissal, as he asserted having 25 years of sales experience in his reply and witness statement.

The Tribunal granted the Request in part, ordering the applicant to provide a resume of his prior sales experience with contact information.

Salvador Bejar v. 2001 Audio/Video Centre Ltd., 2015 HRTO 1751

David Muir

Request to defer human rights application pending regulatory college complaint denied.

The applicant filed a human rights application alleging discrimination with respect to goods and services because of disability.

The applicant subsequently requested that the Tribunal defer the application pending the conclusion of a complaint he filed with the College of Registered Psychotherapists of Ontario.

The respondents opposed the request.

King v. Sherbourne Health Centre, 2015 HRTO 1734

David Muir

Unopposed request for a six-month adjournment due to applicant's medical issues granted.

The applicant requested a six-month adjournment of the hearing scheduled for January 14, 2016, citing medical issues that prevented him from participating effectively.

The respondent did not oppose the request.

The Tribunal granted the adjournment, finding that the medical information provided described exceptional circumstances related to the conduct of the hearing.

The hearing was rescheduled to June 2016.

Randy King v. Dollarama, 2015 HRTO 1733

David Muir

HRTOHuman Rights Tribunal of OntarioDec 23, 2015

Adjournment request denied as counsel's unavailability was not raised within the 14-day window.

The respondents requested an adjournment of the scheduled hearing dates because their counsel was unavailable.

The applicant opposed the request.

The Tribunal denied the adjournment, noting that under its Practice Direction, requests made more than 14 days after the Notice of Hearing require extraordinary circumstances.

Counsel's pre-existing unavailability, discovered after the 14-day window, did not constitute an extraordinary circumstance.

Lattrulo v. Comprehensive Petcare Inc. cob as the Animal Hospital of Unionville, 2015 HRTO 1729

David Muir

In Private Practice12 cases2015–2026

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal's status update request.

The applicant filed an application under section 34 of the Human Rights Code, which was deferred pending the resolution of another legal proceeding.

The Tribunal subsequently requested an update from the applicant regarding the status of the other proceeding, warning that failure to respond could result in dismissal for abandonment.

The applicant failed to respond to the Tribunal's correspondence.

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

Lessey v. City of Toronto, 2015 HRTO 1720

Kayla Kwinter

David Muir

Request for Tribunal Ordered Inquiry denied due to lack of particulars regarding alleged witness threats.

The applicant in a human rights proceeding filed a Request for Tribunal Ordered Inquiry, alleging that potential witnesses had been threatened.

The Tribunal denied the request, noting that such inquiries are not routine and cannot substitute for the usual production process.

The applicant failed to provide particulars of the alleged threats or explain why the inquiry was necessary for a fair adjudication.

Furthermore, the matter was scheduled for a summary hearing where no evidence would be tendered.

Powless v. Ontario Lacrosse Association, 2015 HRTO 1719

David Muir

HRTOHuman Rights Tribunal of OntarioDec 21, 2015

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

The applicant filed an application under the Human Rights Code.

The respondent filed a response and requests for early dismissal and summary hearing.

The applicant failed to respond to the respondent's pleadings and subsequent Tribunal directions.

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

Williams v. Ontario (Ministry of Community Safety and Correctional Services), 2015 HRTO 1718

David Muir

HRTOHuman Rights Tribunal of OntarioDec 18, 2015

Human rights application dismissed as abandoned after applicant failed to file submissions on jurisdiction.

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

The respondent raised a jurisdictional objection, arguing the Code was expressly excluded by statute.

The Tribunal directed the applicant to file submissions on the jurisdictional issue.

After being granted an extension, the applicant failed to file submissions or communicate further with the Tribunal.

The Tribunal deemed the application abandoned and dismissed it.

James Spooner v. Her Majesty the Queen in right of Ontario as represented by the Ministry of Transportation, 2015 HRTO 1708

Brian O'Byrne

20 cases1983–2016

David Muir

Interim order granted permitting applicant to visit hospitalized mother-in-law with his service animal.

The applicant sought an interim remedy to allow him to visit his mother-in-law in her hospital room while accompanied by his service animal.

The respondent hospital did not oppose the request.

The Tribunal found the test for interim relief was met, noting the urgency due to the family member's health status and the lack of identified harm.

The Tribunal granted the interim order, permitting access on the same basis as other family members, subject to specific exclusions for sterile and critical care environments.

Andrew Sprague v. University Health Network, 2015 HRTO 1706

David Muir

Reconsideration denied; late offer to produce medical records does not cure abuse of process.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application as an abuse of process.

The original dismissal was based on the applicant's refusal to produce medical records and the prior dismissal of a related grievance arbitration for the same reason.

The applicant argued he received bad advice from his health care team and was now willing to produce the documents.

Hicks v. Hamilton-Wentworth Catholic District School Board, 2015 HRTO 1702

David Muir

Request for reconsideration dismissed as the applicant failed to meet the threshold criteria.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application for having no reasonable prospect of success.

The applicant argued that the decision did not correlate with the admitted facts.

The request for reconsideration was dismissed.

Anthony Hicks v. Ottawa Police Services, 2015 HRTO 1699

David Muir

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

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

The Tribunal deferred the application on consent pending the resolution of another legal proceeding.

The Tribunal later wrote to the applicant requesting an update on the other proceeding and warning that failure to respond could result in dismissal for abandonment.

The applicant failed to respond to the Tribunal's inquiry.

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

Charlotte Veras v. Baywood Paper Ltd., 2015 HRTO 1697

David Muir

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

The applicant filed an application under s. 34 of the Human Rights Code, which the Tribunal previously deferred pending the resolution of another legal proceeding.

The Tribunal later requested a status update on the other proceeding, warning that failure to respond might result in the application being dismissed as abandoned.

The applicant did not respond to the Tribunal's correspondence.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Peters v. Law Society of Upper Canada, 2015 HRTO 1691

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal's request.

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

The Tribunal deferred the application pending the resolution of another legal proceeding.

The Tribunal later requested an update from the applicant, warning that failure to respond might result in dismissal for abandonment.

The applicant did not respond.

The application was deemed abandoned and dismissed.

Ayesha Najib v. Preston Phipps Inc., 2015 HRTO 1688

David Muir

Request to remove seven individual respondents from human rights application granted.

The applicant alleged discrimination in employment based on disability, including failure to accommodate and reprisal.

The corporate respondent, Independent Electricity System Operator (IESO), brought a Request for an Order During Proceeding to remove seven individual respondents as parties.

Salisbury v. Independent Electrical System Operator, 2015 HRTO 1685

David Muir

Request to reactivate deferred human rights application denied; concurrent grievance arbitration must conclude first.

The applicant filed a Request for an Order During Proceedings seeking to reactivate his human rights application, which had been deferred pending the conclusion of a concurrent grievance arbitration.

The applicant cited concerns with the conduct of the arbitration and delays in scheduling.

The application remains deferred.

Chowdhury v. Hilton Toronto, 2015 HRTO 1682

David Muir

Request to reactivate deferred human rights application denied as related police disciplinary proceedings remained ongoing.

The respondent opposed the request because the Police Services Act proceedings had not yet concluded.

The Tribunal dismissed the request, finding it inappropriate to reactivate the application before the conclusion of the proceedings to which it was deferred.

Andrew Robson v. Region of Waterloo Police Services Board, 2015 HRTO 1681

David Muir