David Muir

HRTOHuman Rights Tribunal of OntarioJun 29, 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 (NOID) because the application appeared to be outside its jurisdiction.

The applicant failed to respond to the NOID by the required deadlines.

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

Beverley Thomas v. Ontario Conference of the Seventh Day Adventists, 2015 HRTO 866

David Muir

HRTOHuman Rights Tribunal of OntarioJun 26, 2015

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

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

The Tribunal scheduled a mediation session, which the applicant failed to attend without explanation.

The Tribunal subsequently directed the applicant to advise of his intentions regarding the application, warning that failure to respond could result in the application being deemed abandoned.

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

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

Mandalentsis v. Whitby Fabric Sewing Centre, 2015 HRTO 862

David Muir

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

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

The respondent sought early dismissal due to delay.

The Tribunal directed the applicant to respond to the dismissal issue by a specified date, warning that failure to do so could result in the application being dismissed as abandoned.

The applicant failed to respond.

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

Simon Cheong v. Bank of Montreal, 2015 HRTO 849

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to jurisdictional notice.

The applicant filed an application under section 34 of the Human Rights Code against the Canadian Border Services Agency.

The Tribunal issued a Notice of Intent to Dismiss because the matter 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.

Walter Vianga v. Canadian Border Services Agency, 2015 HRTO 846

David Muir

Reconsideration request denied as applicant failed to establish new facts or conflict with established jurisprudence.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application for lack of jurisdiction.

The applicant argued there were new facts and that the decision conflicted with established jurisprudence.

The Tribunal denied the request, finding that the applicant was attempting to re-argue his case and failed to identify any new determinative facts or any clear departure from established legal rules.

Wayne Ferron v. Toronto Metropolitan Police Services Division 13 and P.C. Green, 2015 HRTO 840

David Muir

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

The applicant filed a human rights application alleging discrimination on the basis of disability, more than a year after the last alleged incident.

The Tribunal issued a Notice of Intent to Dismiss for delay.

The applicant argued the delay was due to her pursuit of another ongoing legal proceeding.

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

Donna Wilson v. Centre for Addiction and Mental Health, 2015 HRTO 838

David Muir

HRTOHuman Rights Tribunal of OntarioJun 19, 2015

Tribunal dismisses claims against prosecutors based on immunity and directs summary hearing for remaining claims.

The applicant alleged discrimination on the basis of marital status after his driver's licence was suspended for child support arrears and he was subsequently charged with driving with a suspended licence.

The Tribunal dismissed the Application against the Provincial Prosecutor/Crown Attorney's Office on the basis of prosecutorial immunity.

The Tribunal also granted the respondent's Request for Summary Hearing to determine whether the remainder of the Application has no reasonable prospect of success or is an abuse of process.

Noble-Gresty v. Ontario (Community and Social Services), 2015 HRTO 822

David Muir

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

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

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to a Tribunal direction inquiring about her intentions with respect to the application.

The Tribunal deemed the application abandoned and dismissed it.

Clay v. Nordia Inc., 2015 HRTO 811

David Muir

Tribunal awards $5,000 for sexual harassment and poisoned work environment in a family business.

The applicant alleged discrimination in employment on the basis of sex, claiming that the individual respondents engaged in inappropriate sexualized behaviour, including making references to genitalia, exposing genitalia, and making suggestive jokes.

The Tribunal found the applicant's evidence credible and corroborated by an independent witness.

The Tribunal concluded that the respondents' conduct sexualized the workplace and created a poisoned work environment.

The respondents were ordered jointly and severally to pay $5,000 in compensation for injury to dignity, feelings, and self-respect.

Hill v. Intersteam Technologies Inc., 2015 HRTO 804

David Muir

HRTOHuman Rights Tribunal of OntarioJun 15, 2015

Request for interim remedy denied as application was deferred and requested orders were inappropriate.

The applicant filed a Request for Interim Remedy seeking various orders, including funds for document production and travel, while his human rights application alleging reprisal at an emergency shelter was deferred pending other legal proceedings.

The Tribunal denied the request, finding it was inappropriate to grant an interim remedy while the application was deferred and that the applicant failed to meet the significant onus of establishing that the requested orders were necessary to further the remedial objects of the Code.

Ferron v. The Regional Municipality of Peel, 2015 HRTO 795

David Muir

HRTOHuman Rights Tribunal of OntarioJun 12, 2015

Request to remove personal respondents granted in part; individual centrally involved in alleged discrimination retained.

The respondents in a human rights application alleging employment discrimination filed a request to remove four individual respondents as parties.

The Tribunal applied the principles from Persaud and Sigrist, noting that personal respondents should generally be removed where a corporate respondent is liable, unless the individual's conduct is a central issue.

The Tribunal retained one individual respondent who allegedly conducted the discriminatory interview and termination, but removed the other three individuals against whom no specific allegations were made.

Julio Garcia v. Commissionaires Great Lakes and Bill Neeson, 2015 HRTO 783

David Muir

Request to add individual respondents granted in part; owner with constructive notice added.

The applicant in a human rights proceeding brought a Request for Order to add three individual respondents to her Application alleging discrimination in employment.

Applying the Smyth and Persaud factors, the Tribunal allowed the request in part.

The Tribunal added the owner and contact person, Arlene St. Bernard, as a personal respondent because she had constructive notice of the Application and there were allegations of Code violations against her, including that she terminated the applicant's employment.

The request to add the other two individuals was denied due to the late stage of the proceeding and lack of notice.

Knox-Heldmann v. 1818224 Ontario Limited, 2015 HRTO 780

David Muir

Human rights application dismissed as abandoned after applicant failed to file withdrawal form or respond.

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

The applicant later indicated an intention to withdraw the application but failed to file the required Form 9.

After the applicant failed to respond to a Tribunal direction to file the form or face dismissal, the Tribunal found the application to be abandoned and dismissed it.

Christian Renz v. Champs Family Entertainment Centre, 2015 HRTO 775

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.

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

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

Davis v. Region of Waterloo, 2015 HRTO 772

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.

The applicant failed to respond to the NOID despite multiple notices.

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

Singh v. Ottawa Sikh Society, 2015 HRTO 770

David Muir

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

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

The Tribunal had previously deferred the application 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 dismissal.

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

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

Cormier v. Loblaws Inc., 2015 HRTO 763

David Muir

Application against union dismissed at preliminary stage as inadequate representation allegations did not engage the Code.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability against the City of Toronto and CUPE Local 79.

The Tribunal issued a Case Assessment Direction requiring the applicant to explain how her allegations against the union engaged the Human Rights Code.

The applicant submitted that the union provided inadequate representation.

The Tribunal dismissed the application against the union respondents, finding it plain and obvious that the allegations did not constitute discrimination under the Code, as a mere failure to act or provide adequate representation without a discriminatory basis does not violate the Code.

Joan Holmes v. City of Toronto and CUPE Local 79, 2015 HRTO 762

David Muir

Reconsideration denied; applicant failed to prove he did not receive notice before application was deemed abandoned.

The applicant requested a reconsideration of a decision that dismissed his human rights application as abandoned.

The application had been dismissed after the applicant failed to respond to a Tribunal direction requesting a status update on another proceeding.

The applicant argued he had instructed the Tribunal to contact him by email and that the notice should have been sent by registered mail.

The Tribunal denied the reconsideration request, finding no evidence that the applicant had requested email-only communication and noting that he had previously received and responded to regular mail at the same address.

The applicant failed to establish that he did not receive the correspondence.

McIntosh v. Shred-It, 2015 HRTO 761

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.

The applicant failed to provide written submissions in response to the NOID despite multiple notices.

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

Farrow v. Nipissing Detoxification & Substance Abuse Program, 2015 HRTO 760

David Muir

Employment and Labour Law

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.

Marilyn Hunter v. Provincial Schools Branch and Ontario Public Service Employees Union, 2015 HRTO 759

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1 appearance

for the Intervenor

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

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

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Glorie AlfredCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
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

Antonella CeddiaCounsel
1 appearance
Andrea DonevanCounsel
1 appearance

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

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

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

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
Donald G. CormackCounsel
1 appearance
Darrell MarchCounsel
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

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

Neal SommerCounsel
1 appearance
Kathryn J. BirdCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

Al BagherianSelf-represented
1 appearance
Elisabeth MitchinsonSelf-represented
1 appearance
Cathy CharpentierSelf-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 OntarioJun 29, 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 (NOID) because the application appeared to be outside its jurisdiction.

The applicant failed to respond to the NOID by the required deadlines.

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

Beverley Thomas v. Ontario Conference of the Seventh Day Adventists, 2015 HRTO 866

David Muir

HRTOHuman Rights Tribunal of OntarioJun 26, 2015

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

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

The Tribunal scheduled a mediation session, which the applicant failed to attend without explanation.

The Tribunal subsequently directed the applicant to advise of his intentions regarding the application, warning that failure to respond could result in the application being deemed abandoned.

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

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

Mandalentsis v. Whitby Fabric Sewing Centre, 2015 HRTO 862

David Muir

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

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

The respondent sought early dismissal due to delay.

The Tribunal directed the applicant to respond to the dismissal issue by a specified date, warning that failure to do so could result in the application being dismissed as abandoned.

The applicant failed to respond.

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

Simon Cheong v. Bank of Montreal, 2015 HRTO 849

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to jurisdictional notice.

The applicant filed an application under section 34 of the Human Rights Code against the Canadian Border Services Agency.

The Tribunal issued a Notice of Intent to Dismiss because the matter 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.

Walter Vianga v. Canadian Border Services Agency, 2015 HRTO 846

David Muir

Reconsideration request denied as applicant failed to establish new facts or conflict with established jurisprudence.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application for lack of jurisdiction.

The applicant argued there were new facts and that the decision conflicted with established jurisprudence.

The Tribunal denied the request, finding that the applicant was attempting to re-argue his case and failed to identify any new determinative facts or any clear departure from established legal rules.

Wayne Ferron v. Toronto Metropolitan Police Services Division 13 and P.C. Green, 2015 HRTO 840

David Muir

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

The applicant filed a human rights application alleging discrimination on the basis of disability, more than a year after the last alleged incident.

The Tribunal issued a Notice of Intent to Dismiss for delay.

The applicant argued the delay was due to her pursuit of another ongoing legal proceeding.

Donna Wilson v. Centre for Addiction and Mental Health, 2015 HRTO 838

David Muir

HRTOHuman Rights Tribunal of OntarioJun 19, 2015

Tribunal dismisses claims against prosecutors based on immunity and directs summary hearing for remaining claims.

The Tribunal dismissed the Application against the Provincial Prosecutor/Crown Attorney's Office on the basis of prosecutorial immunity.

The Tribunal also granted the respondent's Request for Summary Hearing to determine whether the remainder of the Application has no reasonable prospect of success or is an abuse of process.

Noble-Gresty v. Ontario (Community and Social Services), 2015 HRTO 822

David Muir

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

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

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to a Tribunal direction inquiring about her intentions with respect to the application.

The Tribunal deemed the application abandoned and dismissed it.

Clay v. Nordia Inc., 2015 HRTO 811

David Muir

Tribunal awards $5,000 for sexual harassment and poisoned work environment in a family business.

The Tribunal found the applicant's evidence credible and corroborated by an independent witness.

The Tribunal concluded that the respondents' conduct sexualized the workplace and created a poisoned work environment.

The respondents were ordered jointly and severally to pay $5,000 in compensation for injury to dignity, feelings, and self-respect.

Hill v. Intersteam Technologies Inc., 2015 HRTO 804

David Muir

HRTOHuman Rights Tribunal of OntarioJun 15, 2015

Request for interim remedy denied as application was deferred and requested orders were inappropriate.

Ferron v. The Regional Municipality of Peel, 2015 HRTO 795

David Muir

HRTOHuman Rights Tribunal of OntarioJun 12, 2015

Request to remove personal respondents granted in part; individual centrally involved in alleged discrimination retained.

The respondents in a human rights application alleging employment discrimination filed a request to remove four individual respondents as parties.

Julio Garcia v. Commissionaires Great Lakes and Bill Neeson, 2015 HRTO 783

David Muir

Request to add individual respondents granted in part; owner with constructive notice added.

The applicant in a human rights proceeding brought a Request for Order to add three individual respondents to her Application alleging discrimination in employment.

Applying the Smyth and Persaud factors, the Tribunal allowed the request in part.

The request to add the other two individuals was denied due to the late stage of the proceeding and lack of notice.

Knox-Heldmann v. 1818224 Ontario Limited, 2015 HRTO 780

David Muir

Human rights application dismissed as abandoned after applicant failed to file withdrawal form or respond.

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

The applicant later indicated an intention to withdraw the application but failed to file the required Form 9.

After the applicant failed to respond to a Tribunal direction to file the form or face dismissal, the Tribunal found the application to be abandoned and dismissed it.

Christian Renz v. Champs Family Entertainment Centre, 2015 HRTO 775

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.

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

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

Davis v. Region of Waterloo, 2015 HRTO 772

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.

The applicant failed to respond to the NOID despite multiple notices.

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

Singh v. Ottawa Sikh Society, 2015 HRTO 770

David Muir

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

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

The Tribunal had previously deferred the application 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 dismissal.

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

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

Cormier v. Loblaws Inc., 2015 HRTO 763

David Muir

Application against union dismissed at preliminary stage as inadequate representation allegations did not engage the Code.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability against the City of Toronto and CUPE Local 79.

The Tribunal issued a Case Assessment Direction requiring the applicant to explain how her allegations against the union engaged the Human Rights Code.

The applicant submitted that the union provided inadequate representation.

Joan Holmes v. City of Toronto and CUPE Local 79, 2015 HRTO 762

David Muir

Reconsideration denied; applicant failed to prove he did not receive notice before application was deemed abandoned.

The applicant requested a reconsideration of a decision that dismissed his human rights application as abandoned.

The application had been dismissed after the applicant failed to respond to a Tribunal direction requesting a status update on another proceeding.

The applicant argued he had instructed the Tribunal to contact him by email and that the notice should have been sent by registered mail.

The applicant failed to establish that he did not receive the correspondence.

McIntosh v. Shred-It, 2015 HRTO 761

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.

The applicant failed to provide written submissions in response to the NOID despite multiple notices.

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

Farrow v. Nipissing Detoxification & Substance Abuse Program, 2015 HRTO 760

David Muir