David Muir

HRTOHuman Rights Tribunal of OntarioDec 10, 2015

Applicant directed to file third-party document with Tribunal and destroy copies on consent.

The respondent filed a Request for Order directing the applicant to deliver hard copies of a document containing third-party personal information to the Tribunal and destroy all digital copies.

The applicant consented to delivering the document to the Tribunal to be held in the file pending the conclusion of the proceeding.

The Tribunal directed the applicant to file the document with the Tribunal, provide a copy to the respondent to confirm filing, and destroy any digital or other copies.

Sharpe v. CTS Canadian College and Modern College of Hair Design and Esthetics, 2015 HRTO 1668

David Muir

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

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

The respondent sought early dismissal on the basis that another proceeding had appropriately dealt with the matter.

The applicant failed to respond to the respondent's request and a subsequent Case Assessment Direction from the Tribunal.

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

Teneva v. Wang, 2015 HRTO 1659

David Muir

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

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

After failing to attend a scheduled mediation session and failing to respond to multiple written directions from the Tribunal regarding her intentions to proceed, the applicant was deemed to have abandoned the application.

The application was dismissed.

Sarah Graham v. Miller Precast Ltd. and David Haywood, 2015 HRTO 1656

David Muir

Tribunal declines to dismiss ethnic origin discrimination claim at preliminary hearing.

The applicant filed a human rights application alleging discrimination in employment based on age and ethnic origin.

The Tribunal directed a preliminary hearing to determine if the application should be dismissed for having no reasonable prospect of success.

At the hearing, the applicant withdrew the age discrimination claim.

The Tribunal declined to dismiss the ethnic origin claim, finding that the applicant's allegations of differential treatment compared to francophone drivers provided a reasonable prospect of success.

The matter was directed to proceed to mediation or a hearing on the merits.

Steele v. Maxville Tank Lines, 2015 HRTO 1636

David Muir

Reconsideration request dismissed; applicant failed to show unfairness in summary hearing procedure or vexatious litigant declaration.

The applicant requested reconsideration of a Tribunal decision that dismissed 13 of his applications and declared him a vexatious litigant.

He argued the Tribunal's procedure of scheduling the matters together was unfair and contrary to established practice, and that the Tribunal improperly adduced its own evidence regarding his litigation history.

The Tribunal dismissed the request, finding no factual basis for the allegations of unfairness and noting the applicant failed to provide evidence that he personally experienced discrimination due to a disability-related impairment.

Freitag v. HGR Graham Partners LLP, 2015 HRTO 1635

David Muir

HRTOHuman Rights Tribunal of OntarioNov 30, 2015

Human rights application alleging disability discrimination in services dismissed on consent.

The applicant filed an application alleging discrimination with respect to services because of disability.

The respondent sought early dismissal of the application on the basis that it was filed beyond the one-year time limit and pursuant to section 45.1 of the Human Rights Code.

The applicant subsequently wrote to the Tribunal consenting to the dismissal of the application.

The Tribunal dismissed the application on consent.

Remtulla v. Movati Athletic Inc., 2015 HRTO 1616

David Muir

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

The applicant filed a human rights application against the respondent.

The respondent requested early dismissal, arguing the applicant was dismissed for cause and had signed a Full and Final Release.

The applicant failed to respond to the respondent's request and a subsequent Tribunal direction to file a response.

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

Burgess v. Carters Osh Kosh, 2015 HRTO 1611

David Muir

Human rights application deferred pending conclusion of concurrent grievance arbitration raising identical issues.

The applicant filed an application alleging discrimination with respect to contracts because of sex.

The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of a concurrent grievance arbitration raising identical issues.

The respondent supported deferral, while the applicant opposed it, arguing a Tribunal decision would have broader application.

The Tribunal deferred the application, noting that grievance arbitrators have the authority to enforce human rights statutes and that deferral avoids concurrent proceedings and inconsistent findings.

Walsh v. St. Joseph’s Healthcare Hamilton, 2015 HRTO 1610

David Muir

Practising Law - Employed51 cases2009–2017

Adjournment of summary hearing granted due to sudden illness of representative's colleague.

The applicant requested an adjournment of a scheduled summary hearing because their representative had to take over another case due to a colleague's sudden illness.

The respondent opposed the request.

The Tribunal granted the adjournment, finding that the sudden illness constituted extraordinary circumstances under the Tribunal's Practice Direction.

Pierrette Plante v. Foyer Richelieu Welland Inc., 2015 HRTO 1609

Human rights application dismissed as untimely; applicant failed to establish good faith explanation for four-year delay.

The applicant filed a human rights application alleging discrimination on the basis of disability by her employer and sought to add her union as a respondent.

The application was filed nearly four years after the last alleged incident of discrimination.

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

The applicant argued her delay was due to her disability and the effects of medication.

The Tribunal found the medical evidence insufficient to establish that she was practically prevented from filing in a timely way, noting her active participation in a grievance arbitration during the same period.

The Tribunal also declined to add the union as a respondent, finding no factual basis to infer discrimination in its representation.

The application was dismissed as untimely.

Carter v. Workplace Safety and Insurance Board, 2015 HRTO 1608

David Patacairk

David Muir

Practising Law - Employed16 cases2008–2016

Human rights application alleging police conspiracy dismissed for having no reasonable prospect of success.

The applicant alleged discrimination on the basis of race and ethnic origin, claiming the respondent police service refused to take his criminal complaints as part of a conspiracy to protect a hate group.

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

Finding that the applicant's allegations were bald assertions and entirely speculative, with no evidence linking the respondent's actions to a Code ground, the Tribunal dismissed the application.

Hicks v. Ottawa Police Services, 2015 HRTO 1606

Justin Diggle

21 cases1997–2018

Adrienne Liang

David Muir

HRTOHuman Rights Tribunal of OntarioNov 26, 2015

Tribunal dismisses family status and union claims at summary hearing; medical restriction claim proceeds.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, family status, and reprisal against his employer, a supervisor, and his union.

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

The Tribunal dismissed the allegations regarding family status accommodation and reprisal, finding the applicant had withdrawn from the accommodation process and provided no evidence of reprisal.

The Tribunal also dismissed the application against the union, as there was no evidence its actions were discriminatory.

The allegation that the applicant was required to work outside his medical restrictions will proceed to a full hearing.

John Nahirny v. Liquor Control Board of Ontario, 2015 HRTO 1601

Thomas Ayers

83 cases2013–2022

Greg Bullen

50 cases2009–2019

David Muir

HRTOHuman Rights Tribunal of OntarioNov 24, 2015

Human rights application challenging WSIB benefits denial dismissed for no reasonable prospect of success and delay.

The applicant filed a human rights application alleging discrimination with respect to employment because of disability against her former employer (the Ministry of the Attorney General) and the WSIB.

The application stemmed from a 2005 WSIB decision denying ongoing benefits for a workplace injury, which the applicant claimed failed to properly account for her pre-existing disabilities.

Following a preliminary hearing, the Tribunal dismissed the application, finding it had no reasonable prospect of success as it essentially sought to appeal a WSIB benefits decision without any factual allegations of discriminatory treatment.

The Tribunal also found the application was filed out of time without a good faith explanation for the seven-year delay.

Aceto v. Ontario (Attorney General), 2015 HRTO 1591

Bonny Mak Waterfall

3 cases2014–2015

David Muir

HRTOHuman Rights Tribunal of OntarioNov 19, 2015

Human rights application dismissed on preliminary grounds for delay, prior settlement, and no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination in employment on the basis of race, colour, gender identity, record of offences, and association, as well as reprisal.

The respondent requested that the application be dismissed on preliminary grounds.

The Tribunal dismissed the application in its entirety, finding that the 2011 allegations were out of time, the 2013 allegations had been resolved by a prior grievance settlement, and the remaining allegations regarding the applicant's termination for unsupported bereavement leaves had no reasonable prospect of success as there was no evidence linking the respondent's actions to a protected ground or reprisal.

Thelma Wood-Whittaker v. Sunnybrook Health Sciences Centre, 2015 HRTO 1567

David Muir

HRTOHuman Rights Tribunal of OntarioNov 13, 2015

Adjournment granted due to respondent's former counsel's sudden medical emergency.

The respondent requested an adjournment of the scheduled hearing because its former counsel was forced to retire due to a significant medical problem requiring life-threatening surgery.

Although the applicant did not consent to the renewed request, the Tribunal found that the emergent medical issue constituted an exceptional circumstance under its Practice Direction.

The request to adjourn the hearing was granted.

Li Dong Wang v. TS Tech Canada Inc., 2015 HRTO 1536

David Muir

HRTOHuman Rights Tribunal of OntarioNov 12, 2015

Human rights application deferred pending conclusion of concurrent grievance arbitrations and OLRB application.

The applicant filed an application alleging discrimination and reprisal with respect to employment.

The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of concurrent grievance arbitrations and an Ontario Labour Relations Board application.

The respondent supported deferral, while the applicant opposed it.

The Tribunal found that deferral was appropriate to avoid different conclusions about the facts in concurrent proceedings, and deferred the application pending the completion of the other proceedings.

McLaughlin v. Bluewater District School Board, 2015 HRTO 1523

David Muir

HRTOHuman Rights Tribunal of OntarioNov 10, 2015

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

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

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be outside its jurisdiction.

The applicant failed to respond to the Notice by the required deadline.

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

Tran v. Toronto Police Service, 2015 HRTO 1515

David Muir

HRTOHuman Rights Tribunal of OntarioNov 9, 2015

Adjournment request denied; witness absence for business does not constitute extraordinary circumstances.

The respondent requested an adjournment of the scheduled hearing because a key witness was called away on business and would be out of the country.

The applicant opposed the request but suggested scheduling a third hearing day for the witness.

The Tribunal denied the adjournment, finding that the witness's absence did not constitute an extraordinary circumstance under the Practice Direction, and agreed that scheduling an additional day if necessary was a more fair and expeditious solution.

Kuntal Pathak v. Johnson Controls Manufacturing, 2015 HRTO 1506

David Muir

Adjournment request denied; change of counsel is not an exceptional circumstance.

The respondent requested an adjournment of the scheduled hearing because its former counsel retired and it retained new counsel.

The applicant consented to the adjournment.

The Tribunal denied the request, finding that a change of counsel does not constitute an exceptional circumstance under the Tribunal's Practice Direction to justify a late adjournment request.

The Tribunal amended the timelines for document delivery and filing.

Li Dong Wang v. TS Tech Canada Inc., 2015 HRTO 1503

David Muir

Employment and Labour Law

Human rights application dismissed as abandoned after failure to respond to notice.

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

The Tribunal issued a Notice of Intent to Dismiss the application because it appeared to be outside the Tribunal's jurisdiction.

The applicant failed to respond to the Notice by the required deadline and did not otherwise communicate with the Tribunal.

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

Milonas v. Bank of Montreal, 2015 HRTO 1502

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for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
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

Jessica FioreCounsel
1 appearance
Lori PatykCounsel
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
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
Jessica AmeyCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Quadira JacksonCounsel
1 appearance
Rick LaporteUnion representative
1 appearance
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Insiya EssajeeCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Elizabeth NurseCounsel
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

Sandra JohnsonSelf-represented
1 appearance
Stephen RobinsonSelf-represented
1 appearance
Jon CannSelf-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
David PatacairkCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Greg BullenCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Brian O’ByrneCounsel
1 appearance
Brian SilvaCounsel
1 appearance
Bruce CowleyAgent
1 appearance
Bruce EllisCounsel
1 appearance
Carolyn KayCounsel
1 appearance
Catherine PowellCounsel
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)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Patricia G. MurrayCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Craig R. ColraineCounsel
1 appearance
Darragh MeagherCounsel
1 appearance
David AmyotCounsel
1 appearance
David GourlayCounsel
1 appearance
David MigicovskyCounsel
1 appearance
David PatacairkCounsel
1 appearance
Derek L. RogersCounsel
1 appearance
Derek TrueloveCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Edward J. PosliffCounsel
1 appearance
Elizabeth J. McIntyreCounsel
1 appearance
Erin R. KuzzAgent
1 appearance
Eshiva EisenbergAgent
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

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

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

Albert BayletSelf-represented
1 appearance
Dhirendra SharmaSelf-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

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

Kathryn J. BirdCounsel
1 appearance
Neal SommerCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

Al BagherianSelf-represented
1 appearance
Cathy CharpentierSelf-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

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 OntarioDec 10, 2015

Applicant directed to file third-party document with Tribunal and destroy copies on consent.

The respondent filed a Request for Order directing the applicant to deliver hard copies of a document containing third-party personal information to the Tribunal and destroy all digital copies.

The applicant consented to delivering the document to the Tribunal to be held in the file pending the conclusion of the proceeding.

The Tribunal directed the applicant to file the document with the Tribunal, provide a copy to the respondent to confirm filing, and destroy any digital or other copies.

Sharpe v. CTS Canadian College and Modern College of Hair Design and Esthetics, 2015 HRTO 1668

David Muir

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

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

The respondent sought early dismissal on the basis that another proceeding had appropriately dealt with the matter.

The applicant failed to respond to the respondent's request and a subsequent Case Assessment Direction from the Tribunal.

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

Teneva v. Wang, 2015 HRTO 1659

David Muir

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

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

The application was dismissed.

Sarah Graham v. Miller Precast Ltd. and David Haywood, 2015 HRTO 1656

David Muir

Tribunal declines to dismiss ethnic origin discrimination claim at preliminary hearing.

The applicant filed a human rights application alleging discrimination in employment based on age and ethnic origin.

The Tribunal directed a preliminary hearing to determine if the application should be dismissed for having no reasonable prospect of success.

At the hearing, the applicant withdrew the age discrimination claim.

The Tribunal declined to dismiss the ethnic origin claim, finding that the applicant's allegations of differential treatment compared to francophone drivers provided a reasonable prospect of success.

The matter was directed to proceed to mediation or a hearing on the merits.

Steele v. Maxville Tank Lines, 2015 HRTO 1636

David Muir

Reconsideration request dismissed; applicant failed to show unfairness in summary hearing procedure or vexatious litigant declaration.

The applicant requested reconsideration of a Tribunal decision that dismissed 13 of his applications and declared him a vexatious litigant.

Freitag v. HGR Graham Partners LLP, 2015 HRTO 1635

David Muir

HRTOHuman Rights Tribunal of OntarioNov 30, 2015

Human rights application alleging disability discrimination in services dismissed on consent.

The applicant filed an application alleging discrimination with respect to services because of disability.

The respondent sought early dismissal of the application on the basis that it was filed beyond the one-year time limit and pursuant to section 45.1 of the Human Rights Code.

The applicant subsequently wrote to the Tribunal consenting to the dismissal of the application.

The Tribunal dismissed the application on consent.

Remtulla v. Movati Athletic Inc., 2015 HRTO 1616

David Muir

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

The applicant filed a human rights application against the respondent.

The respondent requested early dismissal, arguing the applicant was dismissed for cause and had signed a Full and Final Release.

The applicant failed to respond to the respondent's request and a subsequent Tribunal direction to file a response.

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

Burgess v. Carters Osh Kosh, 2015 HRTO 1611

David Muir

Human rights application deferred pending conclusion of concurrent grievance arbitration raising identical issues.

The applicant filed an application alleging discrimination with respect to contracts because of sex.

The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of a concurrent grievance arbitration raising identical issues.

The respondent supported deferral, while the applicant opposed it, arguing a Tribunal decision would have broader application.

The Tribunal deferred the application, noting that grievance arbitrators have the authority to enforce human rights statutes and that deferral avoids concurrent proceedings and inconsistent findings.

Walsh v. St. Joseph’s Healthcare Hamilton, 2015 HRTO 1610

David Muir

Adjournment of summary hearing granted due to sudden illness of representative's colleague.

The applicant requested an adjournment of a scheduled summary hearing because their representative had to take over another case due to a colleague's sudden illness.

The respondent opposed the request.

The Tribunal granted the adjournment, finding that the sudden illness constituted extraordinary circumstances under the Tribunal's Practice Direction.

Pierrette Plante v. Foyer Richelieu Welland Inc., 2015 HRTO 1609

Greg Bullen

50 cases2009–2019

Anne Gregory

9 cases2012–2017

David Muir

Practising Law - Employed51 cases2009–2017

Human rights application dismissed as untimely; applicant failed to establish good faith explanation for four-year delay.

The applicant filed a human rights application alleging discrimination on the basis of disability by her employer and sought to add her union as a respondent.

The application was filed nearly four years after the last alleged incident of discrimination.

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

The applicant argued her delay was due to her disability and the effects of medication.

The Tribunal also declined to add the union as a respondent, finding no factual basis to infer discrimination in its representation.

The application was dismissed as untimely.

Carter v. Workplace Safety and Insurance Board, 2015 HRTO 1608

David Patacairk

David Muir

Practising Law - Employed16 cases2008–2016

Human rights application alleging police conspiracy dismissed for having no reasonable prospect of success.

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

Finding that the applicant's allegations were bald assertions and entirely speculative, with no evidence linking the respondent's actions to a Code ground, the Tribunal dismissed the application.

Hicks v. Ottawa Police Services, 2015 HRTO 1606

Justin Diggle

21 cases1997–2018

Adrienne Liang

David Muir

HRTOHuman Rights Tribunal of OntarioNov 26, 2015

Tribunal dismisses family status and union claims at summary hearing; medical restriction claim proceeds.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, family status, and reprisal against his employer, a supervisor, and his union.

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

The Tribunal dismissed the allegations regarding family status accommodation and reprisal, finding the applicant had withdrawn from the accommodation process and provided no evidence of reprisal.

The Tribunal also dismissed the application against the union, as there was no evidence its actions were discriminatory.

The allegation that the applicant was required to work outside his medical restrictions will proceed to a full hearing.

John Nahirny v. Liquor Control Board of Ontario, 2015 HRTO 1601

Thomas Ayers

83 cases2013–2022

Greg Bullen

50 cases2009–2019

David Muir

HRTOHuman Rights Tribunal of OntarioNov 24, 2015

Human rights application challenging WSIB benefits denial dismissed for no reasonable prospect of success and delay.

The application stemmed from a 2005 WSIB decision denying ongoing benefits for a workplace injury, which the applicant claimed failed to properly account for her pre-existing disabilities.

The Tribunal also found the application was filed out of time without a good faith explanation for the seven-year delay.

Aceto v. Ontario (Attorney General), 2015 HRTO 1591

Bonny Mak Waterfall

3 cases2014–2015

David Muir

HRTOHuman Rights Tribunal of OntarioNov 19, 2015

Human rights application dismissed on preliminary grounds for delay, prior settlement, and no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination in employment on the basis of race, colour, gender identity, record of offences, and association, as well as reprisal.

The respondent requested that the application be dismissed on preliminary grounds.

Thelma Wood-Whittaker v. Sunnybrook Health Sciences Centre, 2015 HRTO 1567

David Muir

HRTOHuman Rights Tribunal of OntarioNov 13, 2015

Adjournment granted due to respondent's former counsel's sudden medical emergency.

The respondent requested an adjournment of the scheduled hearing because its former counsel was forced to retire due to a significant medical problem requiring life-threatening surgery.

Although the applicant did not consent to the renewed request, the Tribunal found that the emergent medical issue constituted an exceptional circumstance under its Practice Direction.

The request to adjourn the hearing was granted.

Li Dong Wang v. TS Tech Canada Inc., 2015 HRTO 1536

David Muir

HRTOHuman Rights Tribunal of OntarioNov 12, 2015

Human rights application deferred pending conclusion of concurrent grievance arbitrations and OLRB application.

The applicant filed an application alleging discrimination and reprisal with respect to employment.

The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of concurrent grievance arbitrations and an Ontario Labour Relations Board application.

The respondent supported deferral, while the applicant opposed it.

McLaughlin v. Bluewater District School Board, 2015 HRTO 1523

David Muir

HRTOHuman Rights Tribunal of OntarioNov 10, 2015

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

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

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be outside its jurisdiction.

The applicant failed to respond to the Notice by the required deadline.

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

Tran v. Toronto Police Service, 2015 HRTO 1515

David Muir

HRTOHuman Rights Tribunal of OntarioNov 9, 2015

Adjournment request denied; witness absence for business does not constitute extraordinary circumstances.

The respondent requested an adjournment of the scheduled hearing because a key witness was called away on business and would be out of the country.

The applicant opposed the request but suggested scheduling a third hearing day for the witness.

Kuntal Pathak v. Johnson Controls Manufacturing, 2015 HRTO 1506

David Muir

Adjournment request denied; change of counsel is not an exceptional circumstance.

The respondent requested an adjournment of the scheduled hearing because its former counsel retired and it retained new counsel.

The applicant consented to the adjournment.

The Tribunal denied the request, finding that a change of counsel does not constitute an exceptional circumstance under the Tribunal's Practice Direction to justify a late adjournment request.

The Tribunal amended the timelines for document delivery and filing.

Li Dong Wang v. TS Tech Canada Inc., 2015 HRTO 1503

David Muir