David Muir

HRTOHuman Rights Tribunal of OntarioJun 9, 2015

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

The applicant filed a human rights application alleging discrimination based on disability.

The respondent requested dismissal on the basis that its operations fall under federal jurisdiction.

A preliminary hearing was scheduled to hear submissions on the jurisdictional issue.

The applicant failed to attend the scheduled telephone conference hearing.

The Tribunal dismissed the application as abandoned.

Jenna Elberson v. Channel Zero Inc., 2015 HRTO 758

Adjournment granted due to exceptional circumstances involving late retention of counsel and applicant's disability.

The applicant requested an adjournment of the scheduled hearing dates shortly before the hearing, citing late retention of counsel, inability to retrieve documents, and exceptional circumstances related to disability and housing.

The respondent consented on the condition that the new dates be peremptory.

The Tribunal found that the applicant's situation presented exceptional circumstances justifying the adjournment under its Practice Direction, and granted the request without making the new dates peremptory.

Prashant Kumar v. Toronto Police Services Board, 2015 HRTO 750

Meagan Williams

41 cases2009–2020

David Muir

HRTOHuman Rights Tribunal of OntarioJun 2, 2015

Human rights application dismissed as applicant withdrew underlying applications before accommodation request could be adjudicated.

The applicant filed an application alleging discrimination in the provision of services by the Landlord and Tenant Board, claiming his request to have multiple applications heard on separate days due to a disability was denied.

The Tribunal found that while the respondent's initial handling of the request was deficient, the applicant withdrew his applications before the hearing took place, preventing the adjudicator from determining the accommodation request.

The Tribunal concluded the applicant experienced no adverse impact and dismissed the application.

Arseneault v. Landlord and Tenant Board, 2015 HRTO 726

Symon Zucker

In Private Practice91 cases1985–2026

Megan Evans Maxwell

Practising Law - Employed27 cases2007–2023

David Muir

HRTOHuman Rights Tribunal of OntarioMay 28, 2015

Applicant ordered to produce bank statements and documents related to alleged moonlighting business.

The respondent in a human rights application alleging disability discrimination filed a Request for Order During Proceeding seeking production of the applicant's bank statements, income tax records, and documents related to an alleged manicure business.

The respondent argued the applicant was moonlighting while claiming to be off work sick.

The Tribunal ordered the applicant to produce her banking statements for 2014 and 2015, finding them arguably relevant to post-termination income and the respondent's defence.

The Tribunal also directed the applicant to produce pre-termination documents related to the manicure business or provide further submissions within 7 days.

Mancera v. Arun Narang Dentistry Professional Corporation, 2015 HRTO 703

David Muir

HRTOHuman Rights Tribunal of OntarioMay 25, 2015

Reconsideration request denied where applicant provided no reasons for failing to respond to earlier directions.

The applicant requested a reconsideration of the Tribunal's decisions dismissing her human rights applications as abandoned.

The applications were initially dismissed after the applicant failed to respond to Notices of Intent to Dismiss.

The Tribunal denied the reconsideration request, finding that the applicant provided no reasons to explain why the decisions should be reconsidered and offered no explanation for her failure to comply with the Tribunal's directions.

McArthur-Calhoun v. Smith, 2015 HRTO 680

David Muir

HRTOHuman Rights Tribunal of OntarioMay 22, 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 conclusion of another legal proceeding.

The Tribunal subsequently requested an update on the status of the other proceeding and warned that failure to respond could result in dismissal for abandonment.

After the applicant failed to respond to multiple communications, the Tribunal deemed the application abandoned and dismissed it.

Hall v. U.S. Steel, 2015 HRTO 669

David Muir

HRTOHuman Rights Tribunal of OntarioMay 21, 2015

Human rights applications dismissed for being out of time and lacking connection to Code grounds.

The applicant filed multiple human rights applications alleging reprisal by various respondents, including police services and court officials.

The Tribunal issued Notices of Intent to Dismiss (NOID) as the applications appeared out of time and lacked facts connecting the alleged conduct to a Code-protected ground or prior Code claim.

Finding no good faith explanation for the delay and no plain and obvious connection to the Code, the Tribunal dismissed the applications for lack of jurisdiction.

Wayne Ferron v. Peel Regional Police Services, 2015 HRTO 665

David Muir

In Private Practice32 cases1998–2017

Human rights application dismissed as abandoned after applicant failed to comply with directions or communicate.

The applicant filed an application alleging discrimination with respect to goods and services because of creed, disability, and race.

After the applicant's representative advised they were no longer retained, the applicant failed to comply with Tribunal directions to file witness lists and documents, and ceased communicating with the Tribunal.

The Tribunal cancelled the hearing dates and directed the applicant to explain the non-compliance.

When the applicant failed to respond, the respondent requested dismissal.

The Tribunal deemed the application abandoned and dismissed it.

Spooner v. Ontario (Community Safety and Correctional Services), 2015 HRTO 661

John-Paul Alexandrowicz

Howard Goldblatt

In Private Practice102 cases1984–2025

David Muir

In Private Practice8 cases2000–2015

Early dismissal request denied where applicant received no benefit from union's group grievance settlement.

The respondent requested early dismissal of an age discrimination application under section 45.1 of the Human Rights Code, arguing the issues were resolved in a group grievance settlement between the respondent and the affected party union.

The Tribunal denied the request, finding that the applicant received no benefit from the settlement and did not expressly adopt it.

The respondent was directed to file its response.

Karen Linder v. Lambton Kent District School Board, 2015 HRTO 658

Lia Chiarotto

David Muir

HRTOHuman Rights Tribunal of OntarioMay 15, 2015

Reconsideration request denied as applicant failed to establish she did not receive notice of mediation.

The applicant requested a reconsideration of a decision dismissing her human rights application as abandoned after she failed to attend a scheduled mediation.

The applicant argued she did not receive notice because she relied on email communication.

The Tribunal denied the request, finding that notice was sent by regular mail to the address provided by the applicant, was not returned as undeliverable, and the applicant had previously requested correspondence be sent to that mailing address.

Chambers v. Whole Foods Market, 2015 HRTO 645

Andrew Camman

In Private Practice25 cases1990–2026

David Muir

HRTOHuman Rights Tribunal of OntarioMay 11, 2015

Employees lack standing to request reconsideration of a Tribunal order reinstating their former manager.

Four employees of the respondent sought reconsideration of a Tribunal order reinstating the applicant to his former position as Manager of Emergency Medical Services.

The employees, who had testified about the applicant's workplace harassment, argued that his return would cause them significant mental health consequences.

The Tribunal dismissed the request, finding that the employees lacked standing as they were not parties to the proceeding.

The Tribunal also declined to reconsider the decision on its own initiative, noting that the employees' concerns were addressed at the original hearing and that the reinstatement order included conditions to repair workplace relationships.

Ian MacLeod v. The Corporation of the County of Lambton, 2015 HRTO 604

David Muir

HRTOHuman Rights Tribunal of OntarioMay 8, 2015

Human rights application alleging police reprisal dismissed at preliminary stage for lack of factual foundation.

The applicant filed a human rights application alleging reprisal by the Toronto Police Service and an individual officer following a motor vehicle accident.

The applicant claimed the police failed to properly investigate the accident in reprisal for a prior human rights application he had filed against unrelated respondents.

The Tribunal issued a Notice of Intent to Dismiss.

Finding no factual foundation connecting the alleged denial of police services to any protected ground or the prior application, the Tribunal dismissed the application as it was plain and obvious that it fell outside its jurisdiction.

Ferron v. Toronto Metropolitan Police Services Board – Division 13, 2015 HRTO 597

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 did not respond to subsequent Tribunal correspondence directing her to advise of her intentions.

The Tribunal deemed the application abandoned and dismissed it.

Donnette Collins v. Woodbridge Foam Corporation, 2015 HRTO 580

David Muir

Application against Canada Post dismissed for abandonment and lack of provincial jurisdiction.

The applicant filed a human rights application against Canada Post Corporation regarding mail delivery.

The Tribunal issued a Notice of Intent to Dismiss because the matter appeared to fall outside provincial jurisdiction.

The applicant failed to respond to the notice.

The Tribunal dismissed the application, finding it was deemed abandoned and that mail delivery by Canada Post is exclusively within federal jurisdiction.

Sandra Calhoun v. Canada Post Corporation, 2015 HRTO 576

David Muir

Human rights application against Superior Court judge dismissed for abandonment and lack of jurisdiction.

The applicant filed a human rights application against the Superior Court of Justice and a judge.

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

The applicant failed to provide written submissions in response and was deemed to have abandoned the application.

The Tribunal also found it lacked jurisdiction because a decision of the Superior Court of Justice is not a service under the Code, and judges are protected by judicial immunity.

The application was dismissed.

Sandra McArthur-Calhoun v. Superior Court of Justice (Family Court Division) and Madam Justice Greer, 2015 HRTO 575

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 was granted an extension of time to file written submissions in response to the NOID but failed to do so.

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

McArthur-Calhoun v. Smith, 2015 HRTO 574

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.

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

The applicant failed to respond to the Notice.

The Tribunal deemed the application abandoned and dismissed it.

Debra Ann Nitsotolis v. FedEx Canada, 2015 HRTO 573

David Muir

HRTOHuman Rights Tribunal of OntarioMay 5, 2015

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

The respondents requested the removal of two individual respondents from an application alleging discrimination in employment on the basis of disability.

The organizational respondent acknowledged liability for any acts or omissions of the individual respondents in relation to the dispute.

Applying the factors from Sigrist and Carson and Persaud, the Tribunal found no compelling reason to keep the individuals as parties, as they were acting in the course of their employment and the corporate respondent could fully respond to the allegations and any remedial orders.

The request to remove the individual respondents was granted.

McMillan v. ProResp Inc., 2015 HRTO 570

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 provide written submissions in response to the Notice by the required deadline.

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

Ray Dion v. Public Guardian and Trustee, 2015 HRTO 563

David Muir

Employment and Labour Law

Human rights application deferred pending conclusion of concurrent grievance process regarding the same termination.

The applicant filed a human rights application alleging discriminatory dismissal based on disability.

In its response, the respondent requested that the application be deferred pending the conclusion of a concurrent grievance filed by the applicant alleging unjust termination.

The Tribunal granted the request, finding that the issues in the grievance and the application were sufficiently similar and that the orderly administration of justice favoured deferral to the grievance process.

Hinshelwood v. Ford Motor Company of Canada Limited, 2015 HRTO 561

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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

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

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

Sue LottCounsel
4 appearances
Ryan GoldvineCounsel
3 appearances
Louis SokolovCounsel
2 appearances
Cathy PikeCounsel
2 appearances
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

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
Mireille KhoraychCounsel
1 appearance
Jenifer RichardsCounsel
1 appearance

for the Respondents

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

Andy PushalikCounsel
1 appearance
Christine LeblancCounsel
1 appearance

for the Social Benefits Tribunal and Social Justice Tribunals of Ontario

Asad MotenCounsel
1 appearance

for the TPA respondents

Caroline v. (Nini) JonesCounsel
1 appearance

for the TPSB respondents

Omo AkintanCounsel
1 appearance

for the TPSOA respondents

Ian RolandCounsel
1 appearance

for the United Food and Commercial Workers Union, Local 175

Sandra ColeAgent
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for Toronto District School Board

Glorie AlfredCounsel
1 appearance

for Traders General Insurance Company

Mark DonaldsonCounsel
1 appearance

for University Health Network

Jacqueline SilveraAgent
1 appearance

for Waste Management of Canada Corporation

Seann D. McAleeseCounsel
1 appearance

for Wawanesa Mutual Insurance Company

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

Jennifer GuthCounsel
1 appearance
Melanie MalachCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

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 OntarioJun 9, 2015

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

The applicant filed a human rights application alleging discrimination based on disability.

The respondent requested dismissal on the basis that its operations fall under federal jurisdiction.

A preliminary hearing was scheduled to hear submissions on the jurisdictional issue.

The applicant failed to attend the scheduled telephone conference hearing.

The Tribunal dismissed the application as abandoned.

Jenna Elberson v. Channel Zero Inc., 2015 HRTO 758

Peter Rosenthal

33 cases1997–2016

Glenn K.L. Chu

3 cases2014–2015

David Muir

HRTOHuman Rights Tribunal of OntarioJun 8, 2015

Adjournment granted due to exceptional circumstances involving late retention of counsel and applicant's disability.

The respondent consented on the condition that the new dates be peremptory.

Prashant Kumar v. Toronto Police Services Board, 2015 HRTO 750

Meagan Williams

41 cases2009–2020

David Muir

HRTOHuman Rights Tribunal of OntarioJun 2, 2015

Human rights application dismissed as applicant withdrew underlying applications before accommodation request could be adjudicated.

The Tribunal concluded the applicant experienced no adverse impact and dismissed the application.

Arseneault v. Landlord and Tenant Board, 2015 HRTO 726

Symon Zucker

In Private Practice91 cases1985–2026

Megan Evans Maxwell

Practising Law - Employed27 cases2007–2023

David Muir

HRTOHuman Rights Tribunal of OntarioMay 28, 2015

Applicant ordered to produce bank statements and documents related to alleged moonlighting business.

The respondent argued the applicant was moonlighting while claiming to be off work sick.

The Tribunal ordered the applicant to produce her banking statements for 2014 and 2015, finding them arguably relevant to post-termination income and the respondent's defence.

The Tribunal also directed the applicant to produce pre-termination documents related to the manicure business or provide further submissions within 7 days.

Mancera v. Arun Narang Dentistry Professional Corporation, 2015 HRTO 703

David Muir

HRTOHuman Rights Tribunal of OntarioMay 25, 2015

Reconsideration request denied where applicant provided no reasons for failing to respond to earlier directions.

The applicant requested a reconsideration of the Tribunal's decisions dismissing her human rights applications as abandoned.

The applications were initially dismissed after the applicant failed to respond to Notices of Intent to Dismiss.

McArthur-Calhoun v. Smith, 2015 HRTO 680

David Muir

HRTOHuman Rights Tribunal of OntarioMay 22, 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 conclusion of another legal proceeding.

The Tribunal subsequently requested an update on the status of the other proceeding and warned that failure to respond could result in dismissal for abandonment.

After the applicant failed to respond to multiple communications, the Tribunal deemed the application abandoned and dismissed it.

Hall v. U.S. Steel, 2015 HRTO 669

David Muir

HRTOHuman Rights Tribunal of OntarioMay 21, 2015

Human rights applications dismissed for being out of time and lacking connection to Code grounds.

The applicant filed multiple human rights applications alleging reprisal by various respondents, including police services and court officials.

The Tribunal issued Notices of Intent to Dismiss (NOID) as the applications appeared out of time and lacked facts connecting the alleged conduct to a Code-protected ground or prior Code claim.

Finding no good faith explanation for the delay and no plain and obvious connection to the Code, the Tribunal dismissed the applications for lack of jurisdiction.

Wayne Ferron v. Peel Regional Police Services, 2015 HRTO 665

David Muir

In Private Practice32 cases1998–2017

Human rights application dismissed as abandoned after applicant failed to comply with directions or communicate.

The applicant filed an application alleging discrimination with respect to goods and services because of creed, disability, and race.

The Tribunal cancelled the hearing dates and directed the applicant to explain the non-compliance.

When the applicant failed to respond, the respondent requested dismissal.

The Tribunal deemed the application abandoned and dismissed it.

Spooner v. Ontario (Community Safety and Correctional Services), 2015 HRTO 661

John-Paul Alexandrowicz

Howard Goldblatt

In Private Practice102 cases1984–2025

David Muir

In Private Practice8 cases2000–2015

Early dismissal request denied where applicant received no benefit from union's group grievance settlement.

The Tribunal denied the request, finding that the applicant received no benefit from the settlement and did not expressly adopt it.

The respondent was directed to file its response.

Karen Linder v. Lambton Kent District School Board, 2015 HRTO 658

Lia Chiarotto

David Muir

HRTOHuman Rights Tribunal of OntarioMay 15, 2015

Reconsideration request denied as applicant failed to establish she did not receive notice of mediation.

The applicant requested a reconsideration of a decision dismissing her human rights application as abandoned after she failed to attend a scheduled mediation.

The applicant argued she did not receive notice because she relied on email communication.

Chambers v. Whole Foods Market, 2015 HRTO 645

Andrew Camman

In Private Practice25 cases1990–2026

David Muir

HRTOHuman Rights Tribunal of OntarioMay 11, 2015

Employees lack standing to request reconsideration of a Tribunal order reinstating their former manager.

Four employees of the respondent sought reconsideration of a Tribunal order reinstating the applicant to his former position as Manager of Emergency Medical Services.

The employees, who had testified about the applicant's workplace harassment, argued that his return would cause them significant mental health consequences.

The Tribunal dismissed the request, finding that the employees lacked standing as they were not parties to the proceeding.

Ian MacLeod v. The Corporation of the County of Lambton, 2015 HRTO 604

David Muir

HRTOHuman Rights Tribunal of OntarioMay 8, 2015

Human rights application alleging police reprisal dismissed at preliminary stage for lack of factual foundation.

The applicant filed a human rights application alleging reprisal by the Toronto Police Service and an individual officer following a motor vehicle accident.

The applicant claimed the police failed to properly investigate the accident in reprisal for a prior human rights application he had filed against unrelated respondents.

The Tribunal issued a Notice of Intent to Dismiss.

Ferron v. Toronto Metropolitan Police Services Board – Division 13, 2015 HRTO 597

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 did not respond to subsequent Tribunal correspondence directing her to advise of her intentions.

The Tribunal deemed the application abandoned and dismissed it.

Donnette Collins v. Woodbridge Foam Corporation, 2015 HRTO 580

David Muir

Application against Canada Post dismissed for abandonment and lack of provincial jurisdiction.

The applicant filed a human rights application against Canada Post Corporation regarding mail delivery.

The Tribunal issued a Notice of Intent to Dismiss because the matter appeared to fall outside provincial jurisdiction.

The applicant failed to respond to the notice.

The Tribunal dismissed the application, finding it was deemed abandoned and that mail delivery by Canada Post is exclusively within federal jurisdiction.

Sandra Calhoun v. Canada Post Corporation, 2015 HRTO 576

David Muir

Human rights application against Superior Court judge dismissed for abandonment and lack of jurisdiction.

The applicant filed a human rights application against the Superior Court of Justice and a judge.

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

The applicant failed to provide written submissions in response and was deemed to have abandoned the application.

The Tribunal also found it lacked jurisdiction because a decision of the Superior Court of Justice is not a service under the Code, and judges are protected by judicial immunity.

The application was dismissed.

Sandra McArthur-Calhoun v. Superior Court of Justice (Family Court Division) and Madam Justice Greer, 2015 HRTO 575

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 was granted an extension of time to file written submissions in response to the NOID but failed to do so.

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

McArthur-Calhoun v. Smith, 2015 HRTO 574

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.

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

The applicant failed to respond to the Notice.

The Tribunal deemed the application abandoned and dismissed it.

Debra Ann Nitsotolis v. FedEx Canada, 2015 HRTO 573

David Muir

HRTOHuman Rights Tribunal of OntarioMay 5, 2015

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

The respondents requested the removal of two individual respondents from an application alleging discrimination in employment on the basis of disability.

The organizational respondent acknowledged liability for any acts or omissions of the individual respondents in relation to the dispute.

The request to remove the individual respondents was granted.

McMillan v. ProResp Inc., 2015 HRTO 570

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 provide written submissions in response to the Notice by the required deadline.

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

Ray Dion v. Public Guardian and Trustee, 2015 HRTO 563

David Muir