David Muir

HRTOHuman Rights Tribunal of OntarioJul 24, 2015

Tribunal removes Minister as personal respondent in OHIP discrimination claim and expedites mediation.

The applicant filed an Application alleging discrimination in the denial of OHIP coverage and requested to expedite the proceeding.

The respondent requested to remove the Minister of Health and Long Term Care as a personal respondent.

The Tribunal granted the respondent's request, finding no compelling reason to name the Minister personally, as the claim related to OHIP eligibility criteria and raised no Code grounds against the Minister individually.

The Tribunal also agreed to schedule mediation on an expedited basis.

M.C.M by his Litigation Guardian P.C v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long Term Care, 2015 HRTO 993

David Muir

Human rights application dismissed as abandoned and due to concurrent civil proceeding raising same issues.

The applicant filed a human rights application making allegations of differential treatment based on ethnic background.

A preliminary hearing was scheduled but cancelled after the respondents provided a Statement of Claim filed by the applicant in the Superior Court of Justice making the same allegations.

The Tribunal directed the applicant to make written submissions on whether the application should be dismissed under section 34(11) of the Human Rights Code.

The applicant failed to respond.

The Tribunal dismissed the application as abandoned and, alternatively, under section 34(11) because the civil action raised the same issues in substance.

Tomasz Raba v. David Griffith and Toronto Police Service, 2015 HRTO 981

David Muir

Tribunal orders respondents to pay $1,000 and develop health protocol after breaching human rights settlement.

The applicant filed an application alleging that the respondents breached the Minutes of Settlement resolving a human rights complaint.

The respondents failed to attend the hearing.

The Tribunal found that the respondents breached the settlement by failing to pay the agreed $1,000 and failing to develop an office protocol for assessing the risk of HIV and Hepatitis C transmission.

The Tribunal ordered the respondents to pay the $1,000 with interest and to develop and distribute the required protocol, but declined to award additional damages for the breach itself.

Lambert v. Silver Dental Centre, 2015 HRTO 979

David Muir

HRTOHuman Rights Tribunal of OntarioJul 22, 2015

Personal respondent removed from human rights application; delay issue deferred to hearing adjudicator.

The respondent brought a Request for Order During Proceeding seeking to remove the individual manager as a personal respondent and to dismiss parts of the Application for delay.

The Tribunal granted the request to remove the personal respondent, finding that the manager was acting in the course of her employment implementing corporate policy and it was not necessary to involve her as a party for a fair resolution.

The Tribunal deferred the issue of delay to the hearing adjudicator, as it was unclear whether the earlier incidents were background or separate untimely allegations.

Thomsen v. Sault Area Hospital, 2015 HRTO 970

David Muir

HRTOHuman Rights Tribunal of OntarioJul 20, 2015

Human rights application dismissed as out of time; pursuing other legal proceedings is not good faith delay.

The applicant filed a human rights application alleging discrimination on the basis of disability regarding the use of the Glasgow Coma Scale to assess his injuries following a 1997 motor vehicle accident.

The Tribunal issued a Notice of Intent to Dismiss as the application was filed 17 years after the incident.

The applicant argued the delay was due to his ongoing pursuit of Statutory Accident Benefits, which settled in 2014.

The Tribunal dismissed the application, finding it was out of time and that the pursuit of other legal proceedings does not constitute a good faith explanation for delay under section 34(2) of the Human Rights Code.

John Dryden v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Finance, 2015 HRTO 961

Interim remedy request for $17,000 denied as applicant failed to meet Rule 23.2 criteria.

The applicant filed a human rights application alleging discrimination and subsequently requested an interim remedy of $17,000 to support an 'upper class' lifestyle and travel.

The Tribunal denied the request, finding that the applicant failed to meet the significant onus under Rule 23.2 to establish that the application appeared to have merit, that the balance of harm favoured the remedy, or that it was just and appropriate.

The Tribunal noted that a summary hearing had already been directed because the application appeared to have no reasonable prospect of success, and the requested remedy did not align with the remedial purposes of the Code.

Sherazee v. Durham Children’s Aid Society, 2015 HRTO 951

David Muir

Adjournment of summary hearing denied as documentary medical evidence is not required at this stage.

The applicant requested an adjournment of a scheduled summary hearing in order to gather medical evidence to support her case.

The Tribunal denied the request, noting that parties are not expected to submit documents or call witnesses at a summary hearing.

The applicant only needs to be prepared to explain what the proposed evidence will be if the application proceeds to a merits hearing.

Martha Fiallos v. PWD-Division of InStore Focus Inc., 2015 HRTO 947

David Muir

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 (NOID) because the application appeared to be outside its jurisdiction.

After the applicant failed to respond to the NOID by the required deadlines, the Tribunal deemed the application abandoned and dismissed it.

Akash Sharma v. Mac’s Convenience Stores Inc., 2015 HRTO 946

David Muir

HRTOHuman Rights Tribunal of OntarioJul 15, 2015

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

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

After the other proceeding concluded, the Tribunal directed the applicant to file a Request for an Order During Proceedings to reactivate the application by a specified deadline.

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

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

Simone Williams v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, 2015 HRTO 935

Marshall Reinhart

35 cases2005–2025

Civity Gauley

David Muir

HRTOHuman Rights Tribunal of OntarioJul 14, 2015

Human rights application alleging racial discrimination in employment and termination dismissed for insufficient evidence.

The applicant, a cook, alleged he experienced discrimination in employment on the basis of race, colour, and place of origin, claiming he was denied promotions, subjected to racist comments, and discriminatorily terminated following a verbal altercation with a manager.

The Tribunal dismissed the application, finding insufficient evidence to establish a prima facie case of discrimination.

The Tribunal preferred the respondent's evidence, concluding the applicant never applied for a promotion and was terminated for insubordination rather than discriminatory reasons.

Mendosa v. SIR Corp., 2015 HRTO 927

David Muir

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, which was sent by both regular mail and email, and did not otherwise communicate with the Tribunal.

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

Lemar Nicholson v. Peel Regional Police Service, 2015 HRTO 924

David Muir

Human rights application dismissed as out of time with no good faith explanation for delay.

The applicant filed a human rights application alleging discrimination based on age, disability, and reprisal after police officers took her to a hospital against her will.

The Tribunal issued a Notice of Intent to Dismiss because the application was filed more than one year after the incident and failed to make specific allegations against certain respondents.

The applicant did not provide a reasonable explanation for the delay.

The Tribunal dismissed the application as out of time and for failing to plead facts against the remaining respondents.

McArthur-Calhoun v. Toronto Police Services, 2015 HRTO 923

David Muir

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

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

The Tribunal subsequently wrote to the applicant requesting an update on the other proceeding and warning that failure to respond could result in the application being dismissed as abandoned.

The applicant failed to respond to multiple communications from the Tribunal.

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

Anida Gryc v. Scotia McLeod, a Division of Scotia Capital Inc., 2015 HRTO 920

David Muir

Tribunal grants anonymization and removes unnecessary Ministries as respondents in OHIP funding discrimination case.

The applicant filed a human rights application alleging discrimination regarding OHIP funding for sex reassignment surgery.

In this interim decision, the Tribunal granted the applicant's request for anonymization due to the social stigma attached to the medical services at issue.

The Tribunal also granted the respondent's request to remove the Ministry of the Attorney General and the Premier as respondents, finding that the Crown was adequately represented by the Ministry of Health and Long Term Care.

The applicant's request to compel the attendance of the Ministers at mediation was dismissed.

E.C. v. Ontario (Minister of Health and Long Term Care), 2015 HRTO 917

Stephen A. McArthur

21 cases1988–2015

David Muir

HRTOHuman Rights Tribunal of OntarioJul 3, 2015

Human rights application alleging racial discrimination in employment dismissed due to applicant's lack of credibility.

The applicant, a laundry room worker, alleged that she was subjected to verbal abuse and differential treatment by her supervisor because of her race and colour.

The Tribunal dismissed the application, finding the applicant's evidence to be inconsistent, lacking in detail, and not credible.

The Tribunal accepted the respondents' evidence that the alleged abuse did not occur and that the applicant was replaced after failing to report for scheduled shifts.

Vicki Akinretoye v. Admiral Inn and Verica Sam, 2015 HRTO 885

David Muir

HRTOHuman Rights Tribunal of OntarioJul 2, 2015

Application for contravention of settlement dismissed as abandoned after applicant failed to respond to directions.

The applicant filed an Application for Contravention of Settlement alleging the respondent failed to make a settlement payment.

The respondent filed a Response indicating the payment had been made.

The applicant subsequently failed to file documents, submissions, or respond to a Case Assessment Direction requiring her to confirm her intention to proceed.

The Tribunal found the applicant had abandoned the Application and dismissed it.

Kaleigh Smith v. 1849732 Ontario Inc. (o/a Diana’s Oyster Bar and Grill), 2015 HRTO 880

David Muir

Tribunal orders applicant to provide particulars of discrimination allegations and extends respondents' time to file Response.

The respondents filed a Request for Order During Proceedings seeking an extension of time to file a Response, an order directing the applicant to particularize her Application, and the removal of the personal respondent.

The Tribunal granted the request for particulars, finding the Application devoid of necessary details regarding the alleged harassment and discrimination.

The Tribunal also granted the extension of time to file a Response until after the particulars are provided.

The request to remove the personal respondent was denied as premature, with leave to renew after the Application is particularized.

Tresha Wallace-Dunkley v. Dr. Bernstein Diet and Health Clinic and Michael McGuire, 2015 HRTO 871

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code, which was previously deferred pending a grievance arbitration.

The Tribunal directed the applicant to provide an update on the status of the arbitration and warned that failure to respond could result in the application being dismissed as abandoned.

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

Consequently, the application was deemed abandoned and dismissed.

Gidey Haylu v. Stationnement Métropolitan Inc., 2015 HRTO 869

Graham B. Fraser

David Muir

Human rights application dismissed due to concurrent civil proceeding seeking remedy for same alleged infringement.

The applicant filed a human rights application alleging disability discrimination in employment.

The Tribunal issued a Notice of Intent to Dismiss because the applicant had commenced a concurrent civil proceeding seeking a remedy for the same alleged Code infringement.

The Tribunal found that section 34(11) of the Human Rights Code acts as a statutory bar preventing concurrent proceedings.

The application was dismissed.

Shields v. IBM Canada Inc., 2015 HRTO 868

David Muir

Employment and Labour Law

Human rights application dismissed as out of time; fear of losing severance not good faith delay.

The applicant filed a human rights application alleging age discrimination in employment 19 months after his dismissal.

The Tribunal issued a Notice of Intent to Dismiss because the application was filed outside the one-year limitation period under section 34(1) of the Human Rights Code.

The applicant explained the delay by stating he was receiving severance payments and did not want to jeopardize them.

The Tribunal found this was not a reasonable excuse or a good faith explanation for the delay under section 34(2).

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

Demaries v. Canadian Tire Corporation, 2015 HRTO 867

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1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Karen SargeantCounsel
1 appearance
Nicole SinghCounsel
1 appearance

for The Corporation of the Town of Midland, HGR Graham Partners LLP, and Midland Service Ontario Centre

Andrew MaeCounsel
1 appearance

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

Sandra JohnsonSelf-represented
1 appearance
Jeff BrooksSelf-represented
1 appearance
Jon CannSelf-represented
1 appearance
Stephen RobinsonSelf-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
David PatacairkCounsel
4 appearances
Melanie HerbinCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Sari SpringerCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Greg BullenCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Jeanine WattCounsel
2 appearances
James HeeneyCounsel
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

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
John CruikshankAgent
1 appearance
Katherine PollockCounsel
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
David PatacairkCounsel
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

Christine LeblancCounsel
1 appearance
Andy PushalikCounsel
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

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

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

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

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

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 OntarioJul 24, 2015

Tribunal removes Minister as personal respondent in OHIP discrimination claim and expedites mediation.

The applicant filed an Application alleging discrimination in the denial of OHIP coverage and requested to expedite the proceeding.

The respondent requested to remove the Minister of Health and Long Term Care as a personal respondent.

The Tribunal also agreed to schedule mediation on an expedited basis.

M.C.M by his Litigation Guardian P.C v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long Term Care, 2015 HRTO 993

David Muir

Human rights application dismissed as abandoned and due to concurrent civil proceeding raising same issues.

The applicant filed a human rights application making allegations of differential treatment based on ethnic background.

A preliminary hearing was scheduled but cancelled after the respondents provided a Statement of Claim filed by the applicant in the Superior Court of Justice making the same allegations.

The Tribunal directed the applicant to make written submissions on whether the application should be dismissed under section 34(11) of the Human Rights Code.

The applicant failed to respond.

The Tribunal dismissed the application as abandoned and, alternatively, under section 34(11) because the civil action raised the same issues in substance.

Tomasz Raba v. David Griffith and Toronto Police Service, 2015 HRTO 981

David Muir

Tribunal orders respondents to pay $1,000 and develop health protocol after breaching human rights settlement.

The applicant filed an application alleging that the respondents breached the Minutes of Settlement resolving a human rights complaint.

The respondents failed to attend the hearing.

The Tribunal ordered the respondents to pay the $1,000 with interest and to develop and distribute the required protocol, but declined to award additional damages for the breach itself.

Lambert v. Silver Dental Centre, 2015 HRTO 979

David Muir

HRTOHuman Rights Tribunal of OntarioJul 22, 2015

Personal respondent removed from human rights application; delay issue deferred to hearing adjudicator.

The respondent brought a Request for Order During Proceeding seeking to remove the individual manager as a personal respondent and to dismiss parts of the Application for delay.

The Tribunal deferred the issue of delay to the hearing adjudicator, as it was unclear whether the earlier incidents were background or separate untimely allegations.

Thomsen v. Sault Area Hospital, 2015 HRTO 970

David Muir

HRTOHuman Rights Tribunal of OntarioJul 20, 2015

Human rights application dismissed as out of time; pursuing other legal proceedings is not good faith delay.

The Tribunal issued a Notice of Intent to Dismiss as the application was filed 17 years after the incident.

The applicant argued the delay was due to his ongoing pursuit of Statutory Accident Benefits, which settled in 2014.

John Dryden v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Finance, 2015 HRTO 961

Vincent Panetta

9 cases2013–2016

Stephen Maio

Not Practising Law - Employed21 cases2009–2017

David Muir

Interim remedy request for $17,000 denied as applicant failed to meet Rule 23.2 criteria.

The applicant filed a human rights application alleging discrimination and subsequently requested an interim remedy of $17,000 to support an 'upper class' lifestyle and travel.

Sherazee v. Durham Children’s Aid Society, 2015 HRTO 951

David Muir

Adjournment of summary hearing denied as documentary medical evidence is not required at this stage.

The applicant requested an adjournment of a scheduled summary hearing in order to gather medical evidence to support her case.

The Tribunal denied the request, noting that parties are not expected to submit documents or call witnesses at a summary hearing.

The applicant only needs to be prepared to explain what the proposed evidence will be if the application proceeds to a merits hearing.

Martha Fiallos v. PWD-Division of InStore Focus Inc., 2015 HRTO 947

David Muir

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 (NOID) because the application appeared to be outside its jurisdiction.

After the applicant failed to respond to the NOID by the required deadlines, the Tribunal deemed the application abandoned and dismissed it.

Akash Sharma v. Mac’s Convenience Stores Inc., 2015 HRTO 946

David Muir

HRTOHuman Rights Tribunal of OntarioJul 15, 2015

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

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

After the other proceeding concluded, the Tribunal directed the applicant to file a Request for an Order During Proceedings to reactivate the application by a specified deadline.

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

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

Simone Williams v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, 2015 HRTO 935

Marshall Reinhart

35 cases2005–2025

Civity Gauley

David Muir

HRTOHuman Rights Tribunal of OntarioJul 14, 2015

Human rights application alleging racial discrimination in employment and termination dismissed for insufficient evidence.

The Tribunal dismissed the application, finding insufficient evidence to establish a prima facie case of discrimination.

The Tribunal preferred the respondent's evidence, concluding the applicant never applied for a promotion and was terminated for insubordination rather than discriminatory reasons.

Mendosa v. SIR Corp., 2015 HRTO 927

David Muir

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, which was sent by both regular mail and email, and did not otherwise communicate with the Tribunal.

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

Lemar Nicholson v. Peel Regional Police Service, 2015 HRTO 924

David Muir

Human rights application dismissed as out of time with no good faith explanation for delay.

The applicant filed a human rights application alleging discrimination based on age, disability, and reprisal after police officers took her to a hospital against her will.

The Tribunal issued a Notice of Intent to Dismiss because the application was filed more than one year after the incident and failed to make specific allegations against certain respondents.

The applicant did not provide a reasonable explanation for the delay.

The Tribunal dismissed the application as out of time and for failing to plead facts against the remaining respondents.

McArthur-Calhoun v. Toronto Police Services, 2015 HRTO 923

David Muir

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

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

The Tribunal subsequently wrote to the applicant requesting an update on the other proceeding and warning that failure to respond could result in the application being dismissed as abandoned.

The applicant failed to respond to multiple communications from the Tribunal.

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

Anida Gryc v. Scotia McLeod, a Division of Scotia Capital Inc., 2015 HRTO 920

David Muir

Tribunal grants anonymization and removes unnecessary Ministries as respondents in OHIP funding discrimination case.

The applicant filed a human rights application alleging discrimination regarding OHIP funding for sex reassignment surgery.

In this interim decision, the Tribunal granted the applicant's request for anonymization due to the social stigma attached to the medical services at issue.

The applicant's request to compel the attendance of the Ministers at mediation was dismissed.

E.C. v. Ontario (Minister of Health and Long Term Care), 2015 HRTO 917

Stephen A. McArthur

21 cases1988–2015

David Muir

HRTOHuman Rights Tribunal of OntarioJul 3, 2015

Human rights application alleging racial discrimination in employment dismissed due to applicant's lack of credibility.

The applicant, a laundry room worker, alleged that she was subjected to verbal abuse and differential treatment by her supervisor because of her race and colour.

The Tribunal dismissed the application, finding the applicant's evidence to be inconsistent, lacking in detail, and not credible.

The Tribunal accepted the respondents' evidence that the alleged abuse did not occur and that the applicant was replaced after failing to report for scheduled shifts.

Vicki Akinretoye v. Admiral Inn and Verica Sam, 2015 HRTO 885

David Muir

HRTOHuman Rights Tribunal of OntarioJul 2, 2015

Application for contravention of settlement dismissed as abandoned after applicant failed to respond to directions.

The applicant filed an Application for Contravention of Settlement alleging the respondent failed to make a settlement payment.

The respondent filed a Response indicating the payment had been made.

The applicant subsequently failed to file documents, submissions, or respond to a Case Assessment Direction requiring her to confirm her intention to proceed.

The Tribunal found the applicant had abandoned the Application and dismissed it.

Kaleigh Smith v. 1849732 Ontario Inc. (o/a Diana’s Oyster Bar and Grill), 2015 HRTO 880

David Muir

Tribunal orders applicant to provide particulars of discrimination allegations and extends respondents' time to file Response.

The Tribunal granted the request for particulars, finding the Application devoid of necessary details regarding the alleged harassment and discrimination.

The Tribunal also granted the extension of time to file a Response until after the particulars are provided.

The request to remove the personal respondent was denied as premature, with leave to renew after the Application is particularized.

Tresha Wallace-Dunkley v. Dr. Bernstein Diet and Health Clinic and Michael McGuire, 2015 HRTO 871

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code, which was previously deferred pending a grievance arbitration.

The Tribunal directed the applicant to provide an update on the status of the arbitration and warned that failure to respond could result in the application being dismissed as abandoned.

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

Consequently, the application was deemed abandoned and dismissed.

Gidey Haylu v. Stationnement Métropolitan Inc., 2015 HRTO 869

Graham B. Fraser

David Muir

Human rights application dismissed due to concurrent civil proceeding seeking remedy for same alleged infringement.

The applicant filed a human rights application alleging disability discrimination in employment.

The Tribunal issued a Notice of Intent to Dismiss because the applicant had commenced a concurrent civil proceeding seeking a remedy for the same alleged Code infringement.

The Tribunal found that section 34(11) of the Human Rights Code acts as a statutory bar preventing concurrent proceedings.

The application was dismissed.

Shields v. IBM Canada Inc., 2015 HRTO 868

David Muir