David Muir

Human rights application dismissed; Tribunal lacks jurisdiction to review WSIB benefit denial decisions.

The applicant alleged that the Workplace Safety and Insurance Board discriminated against him on the basis of age and disability when it terminated his benefits.

Following a summary hearing, the Tribunal found that the dispute was essentially an attack on the correctness of the WSIB's decision to deny benefits.

The Tribunal held that it lacks jurisdiction to review the substantive or procedural correctness of decisions made under other statutory schemes absent a Code violation.

The application was dismissed.

Martin v. Workplace Safety and Insurance Board, 2015 HRTO 540

David Muir

Request for reconsideration denied; applicant failed to adequately explain failure to receive Tribunal correspondence.

The applicant filed a request for reconsideration of a decision that dismissed his human rights application as abandoned.

The application had been deferred pending a WSIB proceeding, and the applicant failed to respond to a Tribunal inquiry about the status of that proceeding.

The applicant argued he did not receive the Tribunal's correspondence due to a computer virus and mail issues.

The Tribunal denied the request, finding the applicant failed to provide a sufficient explanation for why he did not receive the correspondence sent by both email and regular mail.

Cull v. Alliance Forming Ltd., 2015 HRTO 539

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.

Matthew Gauntlett v. Weishaupt Corporation, 2015 HRTO 538

David Muir

HRTOHuman Rights Tribunal of OntarioApr 24, 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.

The Tribunal subsequently requested an update from the applicant regarding the status of the other proceeding, warning 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 Tribunal deemed the application abandoned and dismissed it.

Jessica Glemnitz v. Splashworks.com Inc., 2015 HRTO 528

David Muir

Adjournment request denied; late retention of unavailable counsel is not an extraordinary circumstance.

The applicant requested an adjournment of the scheduled hearing because his newly retained representative was unavailable on one of the hearing dates.

The respondent consented to the request.

The Tribunal denied the adjournment, noting that under its Practice Direction, adjournments are only granted in extraordinary circumstances when requested outside the 14-day period.

The Tribunal held that retaining a representative who is unavailable on the scheduled dates does not constitute an extraordinary circumstance.

Mendosa v. SIR Corp. o/a Jack Astor’s Dundas Square, 2015 HRTO 506

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 correspondence from the Tribunal directing her to advise of her intentions.

The Tribunal deemed the application abandoned and dismissed it.

Dakota Bowers v. Convergys Corporation, 2015 HRTO 503

David Muir

HRTOHuman Rights Tribunal of OntarioApr 17, 2015

Request to defer human rights application pending grievance dismissed due to lack of overlapping issues.

The applicant filed a Request for Order During Proceedings seeking to defer her human rights application pending the conclusion of a grievance proceeding initiated by her union.

The Tribunal dismissed the request, finding that the reprisal allegations remaining in the application were distinct from the systemic discrimination issues raised in the grievance.

As there was no overlap in the issues in dispute, deferral was not appropriate.

Joan Marshall-Wilkinson v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services (Toronto Jail), 2015 HRTO 491

David Muir

HRTOHuman Rights Tribunal of OntarioApr 15, 2015

Human rights application dismissed as abandoned after applicant failed to respond and parties executed settlement.

The applicant filed a human rights application which was deferred pending another legal proceeding.

The Tribunal requested an update on the other proceeding, warning that failure to respond could result in dismissal for abandonment.

The applicant did not respond.

The respondent subsequently filed a request to dismiss the application, providing Minutes of Settlement in which the applicant agreed to withdraw the application.

The applicant did not respond to the respondent's request.

The Tribunal found the application abandoned and dismissed it.

Dorsay v. Coach Canada, 2015 HRTO 480

David Muir

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

The applicant filed an application alleging a breach of settlement under section 45.9(3) of the Human Rights Code.

The respondents asserted that the dispute had been resolved.

After the applicant failed to respond to multiple Tribunal directions requesting confirmation of whether she intended to proceed, the Tribunal found the application to be abandoned and dismissed it.

Simon v. Red Cross Partners, 2015 HRTO 471

David Muir

Reconsideration request denied as applicant failed to meet threshold criteria under Rule 26.

The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application under section 34(11) of the Human Rights Code, which bars applications where the applicant has pursued human rights claims in a civil proceeding.

The applicant argued that the court proceeding did not address the issues because it did not go to trial and had nothing to do with human rights.

The Tribunal found that the applicant failed to establish any of the threshold criteria for reconsideration under Rule 26, noting that arguing a decision was incorrectly decided is not a basis for reconsideration.

The request for reconsideration was denied.

Massa v. London Men’s Baseball League, 2015 HRTO 470

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 deferred pending the conclusion of another legal proceeding.

The Tribunal subsequently requested updates from the applicant regarding the status of the other proceeding, 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 application was deemed abandoned and dismissed.

Fontaine v. Assembly of First Nations, 2015 HRTO 467

David Muir

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, directing the applicant to provide written submissions.

The applicant failed to respond by the deadline.

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

Tony Del Matto v. City of Belleville, 2015 HRTO 466

David Muir

HRTOHuman Rights Tribunal of OntarioApr 10, 2015

Reconsideration request denied; applicant failed to establish compelling circumstances or explain failure to respond.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application for delay and abandonment.

The applicant argued he did not receive proper notice because his email was hacked and he was in the hospital.

The Tribunal denied the request, finding the applicant had received the respondent's response and the Tribunal's direction, had previously requested an extension to obtain counsel, and failed to provide evidence supporting his claims of email hacking or medical issues preventing his response.

Legace v. CS Wind Canada Inc., 2015 HRTO 461

David Muir

In Private Practice6 cases2000–2017

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.

The Tribunal had previously deferred the application pending the conclusion of another legal proceeding.

After the applicant failed to respond to multiple communications from the Tribunal requesting an update on the other proceeding, the Tribunal deemed the application abandoned and dismissed it.

Randell v. Ornamental Mouldings Inc., 2015 HRTO 455

Dirk Van de Kamer

David Muir

Human rights application alleging disability discrimination, creed discrimination, and reprisal in employment scheduling dismissed.

The applicant, a restricted temporary employee at The Beer Store, alleged discrimination on the basis of disability and creed, as well as reprisal.

He claimed his hours were reduced to zero after he requested a brief accommodation for a minor soft tissue injury, and that he was harassed by his supervisor and co-workers.

He further alleged that a letter requiring him to clarify his availability for Sunday shifts was a reprisal for filing his human rights application.

The Tribunal dismissed the application, finding that the reduction in hours was due to the seasonal nature of the work and the applicant's low seniority status, not his accommodation request.

The Tribunal also found no evidence of harassment or that the respondent's request for clarification regarding Sunday availability was a reprisal.

Wootton v. The Beer Store #4115, 2015 HRTO 453

David Muir

HRTOHuman Rights Tribunal of OntarioApr 2, 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.

The Tribunal had previously deferred the application pending the conclusion of another legal proceeding.

After the other proceeding concluded, the applicant was directed to file a Request for Order but failed to do so.

Despite multiple follow-up communications and warnings from the Tribunal, the applicant did not respond.

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

Anderson v. Contact Creative Services, 2015 HRTO 438

David Muir

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

The applicant filed an application under s. 34 of the Human Rights Code, which 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 the application being dismissed as abandoned.

The applicant failed to respond to the Tribunal's correspondence and follow-up email.

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

Beverly McLeod v. U.S. Steel and Ray Berg, 2015 HRTO 436

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 requiring him to advise of his intentions regarding the application.

The Tribunal deemed the application abandoned and dismissed it.

Favorite v. National In-Store Cleaners Ltd., 2015 HRTO 435

David Muir

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

The applicant filed a human rights application against the respondent.

The Tribunal placed the matter in abeyance pending judicial review of a related application.

After the related application was resolved, the Tribunal issued a Case Assessment Direction requiring the parties to explain why the current application should proceed, failing which it would be dismissed as abandoned.

Neither party responded.

The Tribunal dismissed the application as abandoned.

Boyce v. Toronto Community Housing Corporation, 2015 HRTO 427

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

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

Carolle Chrétien v. Day Care St. Mathieu, 2015 HRTO 425

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3 appearances
Cathy PikeCounsel
2 appearances
Louis SokolovCounsel
2 appearances
Quadira JacksonCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Alycia ShawCounsel
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

Elliot SpearsCounsel
1 appearance
Ross GowerCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

Stephen RobinsonSelf-represented
1 appearance
Jon CannSelf-represented
1 appearance
Jeff BrooksSelf-represented
1 appearance
Sandra JohnsonSelf-represented
1 appearance

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

for The Regional Municipality of Halton Police Services Board, Staff Sgt. Andrews, Officer Proulx, Sgt. Brown and Sgt. Crawford

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
Melanie HerbinCounsel
4 appearances
David PatacairkCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Steve LavenderCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Greg BullenCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Sari SpringerCounsel
2 appearances
James HeeneyCounsel
1 appearance
Vivian BercoviciCounsel
1 appearance
Kerri KitchenCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance
Jeffrey NicholsonCounsel
1 appearance
Civity GauleyCounsel
1 appearance

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Nancy Jammu-TaylorCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Beverly BanksAgent
1 appearance
Andre NowakowskiCounsel
1 appearance
Glenn K. L. ChuCounsel
1 appearance
Derek L. RogersCounsel
1 appearance
Casey PicardAgent
1 appearance
1818224 Ontario Limited o/a Country Style DonutSelf-represented
1 appearance
Gavin BrinSelf-represented
1 appearance
David GourlayCounsel
1 appearance
Kristin A. LeyCounsel
1 appearance
Nelda LozinskiSelf-represented
1 appearance
Frank ChengAgent
1 appearance
Terry TaylorSelf-represented
1 appearance
Brenda BowlbyCounsel
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

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

Melanie MalachCounsel
1 appearance
Jennifer GuthCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

Indira HansrajSelf-represented
1 appearance
Jody WilliamsSelf-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

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
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

Greg Bullen

50 cases2009–2019

David Muir

Human rights application dismissed; Tribunal lacks jurisdiction to review WSIB benefit denial decisions.

The applicant alleged that the Workplace Safety and Insurance Board discriminated against him on the basis of age and disability when it terminated his benefits.

Following a summary hearing, the Tribunal found that the dispute was essentially an attack on the correctness of the WSIB's decision to deny benefits.

The Tribunal held that it lacks jurisdiction to review the substantive or procedural correctness of decisions made under other statutory schemes absent a Code violation.

The application was dismissed.

Martin v. Workplace Safety and Insurance Board, 2015 HRTO 540

David Muir

Request for reconsideration denied; applicant failed to adequately explain failure to receive Tribunal correspondence.

The applicant filed a request for reconsideration of a decision that dismissed his human rights application as abandoned.

The application had been deferred pending a WSIB proceeding, and the applicant failed to respond to a Tribunal inquiry about the status of that proceeding.

The applicant argued he did not receive the Tribunal's correspondence due to a computer virus and mail issues.

The Tribunal denied the request, finding the applicant failed to provide a sufficient explanation for why he did not receive the correspondence sent by both email and regular mail.

Cull v. Alliance Forming Ltd., 2015 HRTO 539

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.

Matthew Gauntlett v. Weishaupt Corporation, 2015 HRTO 538

David Muir

HRTOHuman Rights Tribunal of OntarioApr 24, 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.

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

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

Jessica Glemnitz v. Splashworks.com Inc., 2015 HRTO 528

David Muir

Adjournment request denied; late retention of unavailable counsel is not an extraordinary circumstance.

The applicant requested an adjournment of the scheduled hearing because his newly retained representative was unavailable on one of the hearing dates.

The respondent consented to the request.

The Tribunal denied the adjournment, noting that under its Practice Direction, adjournments are only granted in extraordinary circumstances when requested outside the 14-day period.

The Tribunal held that retaining a representative who is unavailable on the scheduled dates does not constitute an extraordinary circumstance.

Mendosa v. SIR Corp. o/a Jack Astor’s Dundas Square, 2015 HRTO 506

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 correspondence from the Tribunal directing her to advise of her intentions.

The Tribunal deemed the application abandoned and dismissed it.

Dakota Bowers v. Convergys Corporation, 2015 HRTO 503

David Muir

HRTOHuman Rights Tribunal of OntarioApr 17, 2015

Request to defer human rights application pending grievance dismissed due to lack of overlapping issues.

The applicant filed a Request for Order During Proceedings seeking to defer her human rights application pending the conclusion of a grievance proceeding initiated by her union.

The Tribunal dismissed the request, finding that the reprisal allegations remaining in the application were distinct from the systemic discrimination issues raised in the grievance.

As there was no overlap in the issues in dispute, deferral was not appropriate.

Joan Marshall-Wilkinson v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services (Toronto Jail), 2015 HRTO 491

David Muir

HRTOHuman Rights Tribunal of OntarioApr 15, 2015

Human rights application dismissed as abandoned after applicant failed to respond and parties executed settlement.

The applicant filed a human rights application which was deferred pending another legal proceeding.

The Tribunal requested an update on the other proceeding, warning that failure to respond could result in dismissal for abandonment.

The applicant did not respond.

The respondent subsequently filed a request to dismiss the application, providing Minutes of Settlement in which the applicant agreed to withdraw the application.

The applicant did not respond to the respondent's request.

The Tribunal found the application abandoned and dismissed it.

Dorsay v. Coach Canada, 2015 HRTO 480

David Muir

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

The applicant filed an application alleging a breach of settlement under section 45.9(3) of the Human Rights Code.

The respondents asserted that the dispute had been resolved.

After the applicant failed to respond to multiple Tribunal directions requesting confirmation of whether she intended to proceed, the Tribunal found the application to be abandoned and dismissed it.

Simon v. Red Cross Partners, 2015 HRTO 471

David Muir

Reconsideration request denied as applicant failed to meet threshold criteria under Rule 26.

The applicant argued that the court proceeding did not address the issues because it did not go to trial and had nothing to do with human rights.

The request for reconsideration was denied.

Massa v. London Men’s Baseball League, 2015 HRTO 470

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 deferred pending the conclusion of another legal proceeding.

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

Consequently, the application was deemed abandoned and dismissed.

Fontaine v. Assembly of First Nations, 2015 HRTO 467

David Muir

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, directing the applicant to provide written submissions.

The applicant failed to respond by the deadline.

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

Tony Del Matto v. City of Belleville, 2015 HRTO 466

David Muir

HRTOHuman Rights Tribunal of OntarioApr 10, 2015

Reconsideration request denied; applicant failed to establish compelling circumstances or explain failure to respond.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application for delay and abandonment.

The applicant argued he did not receive proper notice because his email was hacked and he was in the hospital.

Legace v. CS Wind Canada Inc., 2015 HRTO 461

David Muir

In Private Practice6 cases2000–2017

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.

The Tribunal had previously deferred the application pending the conclusion of another legal proceeding.

After the applicant failed to respond to multiple communications from the Tribunal requesting an update on the other proceeding, the Tribunal deemed the application abandoned and dismissed it.

Randell v. Ornamental Mouldings Inc., 2015 HRTO 455

Dirk Van de Kamer

David Muir

Human rights application alleging disability discrimination, creed discrimination, and reprisal in employment scheduling dismissed.

The applicant, a restricted temporary employee at The Beer Store, alleged discrimination on the basis of disability and creed, as well as reprisal.

He claimed his hours were reduced to zero after he requested a brief accommodation for a minor soft tissue injury, and that he was harassed by his supervisor and co-workers.

He further alleged that a letter requiring him to clarify his availability for Sunday shifts was a reprisal for filing his human rights application.

The Tribunal dismissed the application, finding that the reduction in hours was due to the seasonal nature of the work and the applicant's low seniority status, not his accommodation request.

The Tribunal also found no evidence of harassment or that the respondent's request for clarification regarding Sunday availability was a reprisal.

Wootton v. The Beer Store #4115, 2015 HRTO 453

David Muir

HRTOHuman Rights Tribunal of OntarioApr 2, 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.

The Tribunal had previously deferred the application pending the conclusion of another legal proceeding.

After the other proceeding concluded, the applicant was directed to file a Request for Order but failed to do so.

Despite multiple follow-up communications and warnings from the Tribunal, the applicant did not respond.

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

Anderson v. Contact Creative Services, 2015 HRTO 438

David Muir

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

The applicant filed an application under s. 34 of the Human Rights Code, which 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 the application being dismissed as abandoned.

The applicant failed to respond to the Tribunal's correspondence and follow-up email.

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

Beverly McLeod v. U.S. Steel and Ray Berg, 2015 HRTO 436

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 requiring him to advise of his intentions regarding the application.

The Tribunal deemed the application abandoned and dismissed it.

Favorite v. National In-Store Cleaners Ltd., 2015 HRTO 435

David Muir

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

The applicant filed a human rights application against the respondent.

The Tribunal placed the matter in abeyance pending judicial review of a related application.

Neither party responded.

The Tribunal dismissed the application as abandoned.

Boyce v. Toronto Community Housing Corporation, 2015 HRTO 427

David Muir