David Muir

HRTOHuman Rights Tribunal of OntarioMar 31, 2015

Motion to amend human rights application granted in part to increase monetary claim.

The applicant filed a Request for Order During Proceedings seeking leave to amend his human rights application.

He sought to add allegations of Occupational Health and Safety Act violations, text messages, and to increase his claim for monetary compensation to $60,000.

The Tribunal denied the request to add the new allegations due to insufficient information on how they constituted discrimination.

However, the Tribunal allowed the amendment to increase the monetary claim, finding no prejudice to the respondents as hearing dates had not yet been set.

Clarke v. Balan International, 2015 HRTO 418

Gordon Fitzgerald

31 cases2003–2017

David Muir

Applicant's request to amend application denied; respondent's request to dismiss 2008 allegation for delay granted.

The applicant and respondent both filed Requests for Order During Proceeding in a human rights application alleging discrimination in employment on the basis of disability.

The applicant sought to amend the Application to include further job competitions, which the Tribunal denied because the proposed amendments were unclear and the request was made too close to the scheduled hearing date.

The respondent sought to dismiss an allegation relating to a 2008 job competition on the basis of delay.

The Tribunal granted the respondent's request, finding the allegation was filed well outside the one-year limitation period under section 34(1) of the Human Rights Code and the applicant provided no explanation to justify waiving the delay.

Turney v. Loblaws Supermarkets Ltd., 2015 HRTO 417

David Muir

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

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

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

After the other proceeding concluded, the applicant failed to file a Form 10 Request for Order as directed.

The Tribunal subsequently emailed the applicant requiring a response regarding her intentions with the application, warning that failure to respond could result in dismissal for abandonment.

The applicant did not respond.

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

Anand v. Coppley Corp., 2015 HRTO 413

David Muir

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

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

The respondents filed a Response and a Request to Defer.

The Tribunal directed the applicant to respond to the dismissal and deferral issues, warning that failure to do so could result in the application being dismissed as abandoned.

After the applicant failed to respond to multiple directions, the Tribunal found the application abandoned and dismissed it.

Biedermann v. Children's Aid Society of the Regional Municipality of Waterloo, 2015 HRTO 411

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code against the Waterloo Region Police Services, the Children's Aid Society, and several individuals.

The respondents filed a Request to Dismiss and a Request for Summary Hearing.

The Tribunal issued multiple directions requiring the applicant to respond to the respondents' requests and to confirm her contact information.

The applicant failed to respond to any of the Tribunal's directions.

Consequently, the Tribunal found that the applicant had abandoned the application and dismissed it.

Biedermann v. Waterloo Region Police Services, 2015 HRTO 409

David Muir

Intervention request by advocacy group denied in sex discrimination case regarding female-only bartender advertisement.

The applicant alleged sex discrimination after applying for a bartender position advertised for females only.

In this interim decision, the Tribunal denied a request to intervene by the Canadian Association for Equality (CAFE), finding it would add cost and delay without assisting the Tribunal.

The Tribunal also declined to order the applicant to produce five years of financial records at this stage, though it noted the applicant bears the burden of proving pecuniary losses and mitigation.

Garcia v. 2404841 Ontario Inc., 2015 HRTO 381

David Muir

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

The respondent filed a Request for Summary Hearing and a Request for Order During Proceeding.

The applicant failed to respond to the requests or to a subsequent Case Assessment Direction from the Tribunal, which warned that failure to comply could result in the application being dismissed as abandoned.

The Tribunal found that the applicant's failure to participate indicated an abandonment of the proceeding and dismissed the application.

Mark Davison v. Shane Tyron, 2015 HRTO 379

David Muir

Human rights application dismissed under s. 34(11) due to parallel civil action seeking Code damages.

The applicant filed a human rights application alleging sexual harassment, sexual solicitation, and discrimination on the basis of sex and gender identity, leading to her dismissal.

The applicant had also commenced a civil action for wrongful dismissal, which was amended to include a claim for $200,000 in damages for breaches of the Human Rights Code based on the same allegations.

The Tribunal dismissed the application pursuant to section 34(11) of the Code, which bars an application if a civil proceeding seeking a remedy for the same alleged infringement has been commenced and not finally determined or withdrawn.

Joanna Montanaro v. Robert Ipacs Professional Corporation, 2015 HRTO 364

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 the application because it appeared to be outside the Tribunal's jurisdiction.

The applicant failed to provide written submissions in response to the Notice within the required time.

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

Wanda Monague v. The Regional Municipality of Peel, Marchella Kowalchuk and Florence Shaw, 2015 HRTO 363

David Muir

Human rights application dismissed as out of time; generalized fear of reprisal did not excuse delay.

The applicant filed a human rights application alleging discrimination in employment more than two years after his dismissal.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be out of time.

The applicant argued the delay was due to his spouse's fear that filing the application would negatively impact his new employment.

The Tribunal found this explanation did not establish a reasonable basis to fear reprisal and therefore did not constitute a good faith reason for the delay.

The application was dismissed as out of time.

Celestin Abedi v. Hôpital Montfort, 2015 HRTO 342

David Muir

HRTOHuman Rights Tribunal of OntarioMar 20, 2015

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

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

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

The applicant was directed to provide written submissions but failed to do so.

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

Bays v. National Bank of Canada, 2015 HRTO 355

David Muir

HRTOHuman Rights Tribunal of OntarioMar 19, 2015

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

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

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

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

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

Nicholas Manousos v. Federal Express Canada Corporation, 2015 HRTO 350

David Muir

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

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.

The Tribunal subsequently wrote to the applicant requesting an update on the other proceeding and warning that failure to respond could result in dismissal for abandonment.

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

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

Rose v. York Central Hospital, 2015 HRTO 348

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.

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

Chambers v. Whole Foods Market, 2015 HRTO 346

David Muir

Human rights applications dismissed at preliminary stage for failing to allege Code-protected discrimination.

The applicant filed three applications alleging discrimination on multiple grounds against various respondents, including the Hamilton Police Station, mental health organizations, and a bank.

The Tribunal issued Notices of Intent to Dismiss because the applications failed to identify any specific acts of discrimination under the Human Rights Code and included incoherent allegations involving masks, wigs, and Adolf Hitler.

The Tribunal dismissed the applications, finding it plain and obvious that they fell outside its jurisdiction, noting also that it lacked jurisdiction over the federally regulated bank.

Babic v. Hamilton Police Station, 2015 HRTO 322

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.

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

After the respondent advised that the other proceeding had concluded, the Tribunal requested an update from the applicant and warned that failure to respond could result in dismissal for abandonment.

The applicant failed to respond.

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

Asma Molana v. Royal College of Dental Surgeons of Ontario, 2015 HRTO 341

David Muir

Applicant's multiple procedural requests denied; ordered to cease filing until deferred application can be reactivated.

The applicant filed multiple procedural requests, including requests to reactivate a deferred application, consolidate it with an OLRB application, and reconsider a previous interim decision.

The Tribunal denied all requests, finding no change in circumstances to justify reactivation and noting that interim decisions cannot be reconsidered.

To prevent an abuse of process, the Tribunal ordered the applicant to cease filing further procedural requests or updates until the application can be properly reactivated.

Minawi v. Toronto Star Newspapers Limited, 2015 HRTO 340

David Muir

Individual respondents removed from human rights application as corporate respondent assumed liability for their actions.

The corporate respondent requested an order to remove its employees as individual respondents from a human rights application alleging discrimination in employment.

The Tribunal applied the principles from Sigrist and Carson and Persaud, finding that the corporate respondent assumed liability for the actions of its employees, who were acting within the scope of their employment.

Finding no compelling juridical reason to keep the individuals as parties, the Tribunal granted the request and removed the individual respondents.

Cezanne Loreilhe v. Trillium Health Partners – Credit Valley Hospital, 2015 HRTO 339

David Muir

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

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 multiple written directions from the Tribunal inquiring about her intentions with respect to the application.

The Tribunal deemed the application abandoned and dismissed it.

Angela Wilson v. Dr. Brian Boate Inc. and Dr. Brian Boate, 2015 HRTO 334

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 (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.

Shelly Srivastav v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Finance, 2015 HRTO 333

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1 appearance

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

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

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

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

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

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Glorie AlfredCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Joseph N. TasconaCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Patricia G. MurrayCounsel
2 appearances
Karen EnsslenCounsel
1 appearance
Katherine PollockCounsel
1 appearance
Melanie Borowicz-SibenikCounsel
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

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Graham H. SmithAgent
1 appearance
Carla AdamsAgent
1 appearance

Respondent

Kathryn J. BirdCounsel
1 appearance
Neal SommerCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

Cathy CharpentierSelf-represented
1 appearance
Al BagherianSelf-represented
1 appearance
Elisabeth MitchinsonSelf-represented
1 appearance

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

/Adjudicator

David Muir — Vice-Chair

Human Rights

Administrative Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

Vice-Chair·Human Rights Tribunal of Ontario·Since 1999

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 1053Vice-chair· 110Arbitrator· 98Adjudicator· 76Vice-Chair· 43Adjudicator· 13Vice Chair· 5Vice-Chair· 1

Jean-Alexandre De Bousquet

In Private Practice43 cases2014–2026

David Muir

HRTOHuman Rights Tribunal of OntarioMar 31, 2015

Motion to amend human rights application granted in part to increase monetary claim.

The applicant filed a Request for Order During Proceedings seeking leave to amend his human rights application.

He sought to add allegations of Occupational Health and Safety Act violations, text messages, and to increase his claim for monetary compensation to $60,000.

The Tribunal denied the request to add the new allegations due to insufficient information on how they constituted discrimination.

However, the Tribunal allowed the amendment to increase the monetary claim, finding no prejudice to the respondents as hearing dates had not yet been set.

Clarke v. Balan International, 2015 HRTO 418

Gordon Fitzgerald

31 cases2003–2017

David Muir

Applicant's request to amend application denied; respondent's request to dismiss 2008 allegation for delay granted.

The applicant and respondent both filed Requests for Order During Proceeding in a human rights application alleging discrimination in employment on the basis of disability.

The respondent sought to dismiss an allegation relating to a 2008 job competition on the basis of delay.

Turney v. Loblaws Supermarkets Ltd., 2015 HRTO 417

David Muir

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

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

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

After the other proceeding concluded, the applicant failed to file a Form 10 Request for Order as directed.

The Tribunal subsequently emailed the applicant requiring a response regarding her intentions with the application, warning that failure to respond could result in dismissal for abandonment.

The applicant did not respond.

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

Anand v. Coppley Corp., 2015 HRTO 413

David Muir

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

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

The respondents filed a Response and a Request to Defer.

The Tribunal directed the applicant to respond to the dismissal and deferral issues, warning that failure to do so could result in the application being dismissed as abandoned.

After the applicant failed to respond to multiple directions, the Tribunal found the application abandoned and dismissed it.

Biedermann v. Children's Aid Society of the Regional Municipality of Waterloo, 2015 HRTO 411

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code against the Waterloo Region Police Services, the Children's Aid Society, and several individuals.

The respondents filed a Request to Dismiss and a Request for Summary Hearing.

The Tribunal issued multiple directions requiring the applicant to respond to the respondents' requests and to confirm her contact information.

The applicant failed to respond to any of the Tribunal's directions.

Consequently, the Tribunal found that the applicant had abandoned the application and dismissed it.

Biedermann v. Waterloo Region Police Services, 2015 HRTO 409

David Muir

Intervention request by advocacy group denied in sex discrimination case regarding female-only bartender advertisement.

The applicant alleged sex discrimination after applying for a bartender position advertised for females only.

In this interim decision, the Tribunal denied a request to intervene by the Canadian Association for Equality (CAFE), finding it would add cost and delay without assisting the Tribunal.

The Tribunal also declined to order the applicant to produce five years of financial records at this stage, though it noted the applicant bears the burden of proving pecuniary losses and mitigation.

Garcia v. 2404841 Ontario Inc., 2015 HRTO 381

David Muir

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

The respondent filed a Request for Summary Hearing and a Request for Order During Proceeding.

The Tribunal found that the applicant's failure to participate indicated an abandonment of the proceeding and dismissed the application.

Mark Davison v. Shane Tyron, 2015 HRTO 379

David Muir

Human rights application dismissed under s. 34(11) due to parallel civil action seeking Code damages.

The applicant filed a human rights application alleging sexual harassment, sexual solicitation, and discrimination on the basis of sex and gender identity, leading to her dismissal.

Joanna Montanaro v. Robert Ipacs Professional Corporation, 2015 HRTO 364

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 the application because it appeared to be outside the Tribunal's jurisdiction.

The applicant failed to provide written submissions in response to the Notice within the required time.

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

Wanda Monague v. The Regional Municipality of Peel, Marchella Kowalchuk and Florence Shaw, 2015 HRTO 363

David Muir

Human rights application dismissed as out of time; generalized fear of reprisal did not excuse delay.

The applicant filed a human rights application alleging discrimination in employment more than two years after his dismissal.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be out of time.

The applicant argued the delay was due to his spouse's fear that filing the application would negatively impact his new employment.

The Tribunal found this explanation did not establish a reasonable basis to fear reprisal and therefore did not constitute a good faith reason for the delay.

The application was dismissed as out of time.

Celestin Abedi v. Hôpital Montfort, 2015 HRTO 342

David Muir

HRTOHuman Rights Tribunal of OntarioMar 20, 2015

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

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

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

The applicant was directed to provide written submissions but failed to do so.

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

Bays v. National Bank of Canada, 2015 HRTO 355

David Muir

HRTOHuman Rights Tribunal of OntarioMar 19, 2015

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

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

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

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

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

Nicholas Manousos v. Federal Express Canada Corporation, 2015 HRTO 350

David Muir

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

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.

The Tribunal subsequently wrote to the applicant requesting an update on the other proceeding and warning that failure to respond could result in dismissal for abandonment.

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

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

Rose v. York Central Hospital, 2015 HRTO 348

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.

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

Chambers v. Whole Foods Market, 2015 HRTO 346

David Muir

Human rights applications dismissed at preliminary stage for failing to allege Code-protected discrimination.

The applicant filed three applications alleging discrimination on multiple grounds against various respondents, including the Hamilton Police Station, mental health organizations, and a bank.

The Tribunal dismissed the applications, finding it plain and obvious that they fell outside its jurisdiction, noting also that it lacked jurisdiction over the federally regulated bank.

Babic v. Hamilton Police Station, 2015 HRTO 322

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.

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

After the respondent advised that the other proceeding had concluded, the Tribunal requested an update from the applicant and warned that failure to respond could result in dismissal for abandonment.

The applicant failed to respond.

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

Asma Molana v. Royal College of Dental Surgeons of Ontario, 2015 HRTO 341

David Muir

Applicant's multiple procedural requests denied; ordered to cease filing until deferred application can be reactivated.

The applicant filed multiple procedural requests, including requests to reactivate a deferred application, consolidate it with an OLRB application, and reconsider a previous interim decision.

The Tribunal denied all requests, finding no change in circumstances to justify reactivation and noting that interim decisions cannot be reconsidered.

To prevent an abuse of process, the Tribunal ordered the applicant to cease filing further procedural requests or updates until the application can be properly reactivated.

Minawi v. Toronto Star Newspapers Limited, 2015 HRTO 340

David Muir

Individual respondents removed from human rights application as corporate respondent assumed liability for their actions.

The corporate respondent requested an order to remove its employees as individual respondents from a human rights application alleging discrimination in employment.

Finding no compelling juridical reason to keep the individuals as parties, the Tribunal granted the request and removed the individual respondents.

Cezanne Loreilhe v. Trillium Health Partners – Credit Valley Hospital, 2015 HRTO 339

David Muir

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

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

The Tribunal deemed the application abandoned and dismissed it.

Angela Wilson v. Dr. Brian Boate Inc. and Dr. Brian Boate, 2015 HRTO 334

David Muir