David Muir

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

The applicant filed an application under s. 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 regarding her intentions.

The Tribunal deemed the application abandoned and dismissed it.

Pollock v. Brampton Engineering, 2015 HRTO 332

David Muir

Human rights application deferred pending conclusion of concurrent grievance arbitration raising the same issues.

The applicant filed an application alleging discrimination in employment based on disability and association.

The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of a concurrent grievance arbitration.

The applicant opposed deferral because the arbitration hearing was not scheduled to begin until January 2016.

The Tribunal found that the facts and issues in both proceedings were largely the same, particularly regarding the applicant's termination.

Applying its usual approach to defer to concurrent grievance proceedings to avoid inconsistent findings, the Tribunal deferred the application pending the completion of the grievance process.

MacDonald v. Waterloo Catholic District School Board, 2015 HRTO 331

David Muir

Application for contravention of settlement dismissed as abandoned after applicant failed to comply with Tribunal orders.

The applicant filed an application alleging contravention of a settlement agreement by the respondent.

The respondent had previously been ordered into receivership, and the Tribunal had stayed the application pending leave of the Superior Court or consent of the Receiver.

The Tribunal ordered the applicant to advise of his intentions regarding the application by a specified date.

The applicant failed to comply with this order.

Consequently, the Tribunal dismissed the application as abandoned.

Killby v. Kappeler Masonry Corporation, 2015 HRTO 330

David Muir

HRTOHuman Rights Tribunal of OntarioMar 16, 2015

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

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

The Tribunal issued two Notices of Intent to Dismiss, noting the application appeared to be outside its jurisdiction, and directed the applicant to provide written submissions.

The applicant failed to respond to either notice.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Rachelle Alexander v. Republic Live Inc. and Canadian Tire Motorsport Park, 2015 HRTO 324

David Muir

HRTOHuman Rights Tribunal of OntarioMar 11, 2015

Request for reconsideration dismissed as the underlying case assessment direction was not a final decision.

The applicant filed a Request for Reconsideration of a Case Assessment Direction (CAD) regarding the production of documents.

The Tribunal dismissed the request, finding that the CAD was an interlocutory order and not a final decision that disposed of any central issues in the application, and therefore could not be the subject of a reconsideration request under Rule 26.1.

Hicks v. Hamilton-Wentworth Catholic District School Board, 2015 HRTO 302

David Muir

HRTOHuman Rights Tribunal of OntarioMar 9, 2015

Human rights application deferred pending conclusion of concurrent grievance arbitration raising identical issues.

The applicant filed a human rights application alleging employment discrimination.

The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of a concurrent grievance arbitration.

Although the applicant initially requested the deferral, he later opposed it because the respondent would only deal with the union's counsel regarding the grievance.

The Tribunal found that the facts and issues in both proceedings were identical and deferred the application to avoid concurrent proceedings and inconsistent findings, noting that grievance arbitrators have the authority to enforce human rights obligations.

Villanueva v. Toronto (City), 2015 HRTO 279

David Muir

HRTOHuman Rights Tribunal of OntarioMar 5, 2015

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

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

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

Despite multiple notices and extensions, the applicant failed to provide written submissions in response to the NOID.

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

Edmond Harty v. Hamilton Wentworth Catholic District School Board, 2015 HRTO 263

Wendy Lopez

Practising Law - Employed14 cases2011–2017

David Muir

HRTOHuman Rights Tribunal of OntarioMar 4, 2015

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

The applicant filed an application under s. 34 of the Human Rights Code alleging discrimination in contracts on the basis of race.

The Tribunal scheduled a summary hearing to determine whether the application should be dismissed for having no reasonable prospect of success.

The applicant failed to attend the scheduled telephone conference hearing.

Consequently, the Tribunal dismissed the application as abandoned.

Szimbah Hanley v. Toronto District School Board, 2015 HRTO 258

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 matter appeared to be outside its jurisdiction.

Despite multiple reminders and extensions, the applicant failed to provide written submissions in response to the NOID.

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

Connie Benwell v. Salt River First Nation # 195, 2015 HRTO 213

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.

Michelle Perrone v. Burger King Restaurants Canada and Alison Kidd, 2015 HRTO 211

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 17, 2015

Request to amend human rights application to add facts regarding mental health disability granted.

The applicant filed a Request for Order During Proceedings to amend her human rights application to add facts regarding her mental health disability.

The respondent did not respond to the request.

The Tribunal granted the request, noting that while the amendments were substantial, they made explicit an alleged connection to the Code that was previously unclear, and there was sufficient time before the scheduled hearing to ensure a fair adjudication.

Novak v. Georgian Manor Resort and Country Club, 2015 HRTO 209

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.

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

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

Louis Lobban v. Metro College of Technology, 2015 HRTO 198

David Muir

Request to remove individual respondent granted as actions were taken in the course of employment.

The corporate respondent, Chrysler Canada Inc., brought a Request for Order During Proceeding to remove an individual respondent from the human rights application.

The applicant opposed the request, arguing the individual took a personal interest in her circumstances.

The Tribunal applied the principles from Sigrist and Carson, finding no compelling reason to keep the individual as a party since his actions were taken in the course of employment and there was no issue regarding the corporate respondent's vicarious liability.

The request was granted and the individual respondent was removed.

Valentino v. Chrysler Canada Inc., 2015 HRTO 195

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to early dismissal request.

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

The respondent sought early dismissal, arguing the issues were within exclusive federal jurisdiction.

The Tribunal directed the applicant to respond to the respondent's request, warning that failure to do so could result in the application being deemed abandoned.

The applicant did not respond by the deadline.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Patrick Williams v. Apex Motor Express Ltd., 2015 HRTO 189

David Muir

Human rights application deferred pending conclusion of concurrent grievance arbitration raising overlapping issues.

The Tribunal issued a Notice of Intent to Defer the application under s. 45 of the Human Rights Code pending the conclusion of a concurrent grievance arbitration.

The applicant opposed deferral, arguing that not all issues were duplicated and that employer policy allowed concurrent proceedings.

The Tribunal found substantial overlap between the facts and issues in both proceedings and deferred the application to avoid different conclusions about the facts, noting that grievance arbitrators have the authority to enforce human rights statutes.

Billie Ramey v. Ornge, 2015 HRTO 188

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, a Request for Order During Proceeding, and a Request for Summary Hearing.

The applicant failed to respond to these materials or to a subsequent Case Assessment Direction.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Sparkes v. Ontario (Community Safety and Correctional Services), 2015 HRTO 178

David Muir

Human rights application dismissed under s. 34(11) due to duplicative Small Claims Court proceeding.

The applicant filed a human rights application alleging discrimination based on age, disability, and reprisal regarding his expulsion from a baseball league.

The respondent sought early dismissal under section 34(11) of the Human Rights Code.

The Tribunal found that the applicant had commenced a civil proceeding in Small Claims Court seeking damages for the same alleged Code violations, which was dismissed after he refused to pay a costs order.

As the requirements of section 34(11) were met, the application was dismissed.

Massa v. London Men's Baseball League, 2015 HRTO 174

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 did not communicate with the Tribunal to explain her absence.

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

The applicant did not respond.

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

Natalie Harrigan v. David’s Bridal Canada Inc., 2015 HRTO 167

David Muir

Licence Surrendered - Retired11 cases2009–2016

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 proceeding.

The Tribunal directed the applicant to provide an update on the other proceeding by a specified date, warning that failure to do so might result in the application being dismissed as abandoned.

The applicant failed to respond or communicate with the Tribunal.

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

Miriam Grandison v. Region of Peel, 2015 HRTO 166

Joanna S. Rainbow

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 4, 2015

Request for document production denied as overbroad and amounting to a fishing expedition.

The applicant in a human rights complaint alleging housing discrimination based on disability filed a Request for Order During Proceeding seeking production of all internal communications pertaining to his transfer request, himself, and marijuana.

The Tribunal denied the request, finding it overbroad, non-specific, and amounting to a fishing expedition, as the applicant provided no basis to believe relevant unproduced documents existed.

Alan Ricketts v. York University, 2015 HRTO 162

Applicant

Elisabeth MitchinsonSelf-represented
1 appearance
Alexandre PapouchineSelf-represented
1 appearance
Misulki GleesonSelf-represented
1 appearance
Robert MacKenzieSelf-represented
1 appearance
Richard BaniganSelf-represented
1 appearance
Ochea SaundersSelf-represented
1 appearance
Rose LuliwaSelf-represented
1 appearance
Hans FelixSelf-represented
1 appearance
Randy BrideauSelf-represented
1 appearance
Simone FranksonSelf-represented
1 appearance
Valerie BelsitoSelf-represented
1 appearance
Wayne FerronSelf-represented
1 appearance
Maria RotsSelf-represented
1 appearance
Ridha Bin SlamaSelf-represented
1 appearance
Ignacio DrenicSelf-represented
1 appearance
Li Dong WangSelf-represented
1 appearance
Tarek IbrahimSelf-represented
1 appearance
Steven MayersSelf-represented
1 appearance

Counsel

Doug McLeodCounsel
1 appearance
Suzanne M. PorterCounsel
1 appearance
Andrew CammanCounsel
1 appearance
Simon BlackstoneCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance
Cynthia D. KontraCounsel
1 appearance
Leslie A. BrownCounsel
1 appearance
Jason GreenCounsel
1 appearance
George LeibbrandtCounsel
1 appearance
Paul YoungCounsel
1 appearance
Megan Evans-MaxwellCounsel
1 appearance
Ian WerkerCounsel
1 appearance
Emily McKernanCounsel
1 appearance

Counsel for Law Society of Upper Canada, Sharon Seenath and Bruce Dunsmuir

Delores M. BarbiniCounsel
1 appearance

Counsel for the Intervener Human Rights Legal Support Centre

Bay RyleyCounsel
1 appearance

Counsel for the Intervener Office of the Employer Advisor

Daryl SeupersadCounsel
1 appearance

Counsel for the Intervener Office of the Worker Advisor

Teresa A. GianfeliceCounsel
1 appearance

Counsel for the Intervener Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance

Counsel for the Respondent

Gurjit BrarCounsel
1 appearance

for Allan Rosenfeld

Mira NovellCounsel
1 appearance

for Allianz Insurance Company of Canada

Joan TakahashiCounsel
1 appearance
Andrew T. GrahamCounsel
1 appearance

for Allstate Insurance Company of Canada

Todd J. McCarthyCounsel
3 appearances
William M. SproullCounsel
3 appearances
Richard HorstCounsel
3 appearances
Donald HarveyCounsel
2 appearances
Grant R. DowCounsel
1 appearance
Colin S. JacksonCounsel
1 appearance

for Authentic Concierge & Security Services Inc. o/a Pillar Security Inc. and Gordon Bye

Subrata MajumdarParalegal
1 appearance

for Aviva Canada Inc.

Susan BromleyCounsel
1 appearance
Robert H. RogersCounsel
1 appearance
Julie ParentCounsel
1 appearance
Frank BenedettoCounsel
1 appearance
Jean-Francois LaBergeCounsel
1 appearance

for Bajwa Consultants Incorporated and Mohammad Maqsood Bajwa

Shiraz BajwaAgent
1 appearance

for Balan International, David Rong and Robin Fan

Jean-Alexandre De BousquetCounsel
1 appearance

for Belairdirect Insurance Company Inc., Barry Rosenthal, Carla Smith, Elvira De la Garza, Denise Beckles, Nicole Meaney, Judy Venables and Gloria Chabot, State Farm Insurance Respondents

Gina Saccoccia BrannanCounsel
1 appearance

for Belair Insurance Company Inc.

Richard F.L. RoseCounsel
1 appearance

for Bergel & Edson LLP

L. ClimansCounsel
1 appearance

for Canadian Union of Public Employees and its Local 4967

David SteeleCounsel
1 appearance

for CAW TCA Canada and Artis Snowe

Leon RideoutAgent
1 appearance

for Chrysler Canada

Christoper DunnCounsel
1 appearance

for Citadel General Assurance Company

Claude BlouinCounsel
2 appearances

for Coachman Insurance Company

Cary SchneiderCounsel
1 appearance

for Coast Mental Health

Peter MacTavishCounsel
1 appearance

for Communications, Energy and Paperworkers Union of Canada, Local 74

Jesse KuglerCounsel
1 appearance

for CUPE 4400, Anna Hutchison, Ann Cowan and Yolanda McLean

Christine DaviesCounsel
1 appearance

for Dale and Lessman LLP, Stikeman Elliot LLP and Ralph Steinberg

Adam PentalCounsel
1 appearance

for Dan Benedict Co-op Homes

Brent ForemanCounsel
1 appearance

for Domtar Inc.

Sarah CrossleyCounsel
1 appearance

for Donald Ebbs and Brian Lennox

Paul SternCounsel
1 appearance

for Drake International Inc.

Elizabeth SwanCounsel
1 appearance
Karen BockCounsel
1 appearance

for Dr. Meloff, Respondent

Andrew McCutcheonCounsel
1 appearance

for Dr. Niculina Margulies

Christopher HubbardCounsel
1 appearance
James MiglinCounsel
1 appearance

for Duka Property Management Inc.

Andrew HylandCounsel
1 appearance

for Echelon General Insurance Company

Jamie PollackCounsel
1 appearance

for Economical Mutual Insurance Company

Albert M. ConforziCounsel
1 appearance

for Erica Gallo

Kirsten DarelParalegal
1 appearance

for Expertech

Susan CrawfordCounsel
1 appearance

for Global Payments of Canada GP and Persila Vachon

Karoline ChanCounsel
1 appearance
Jason BehoeCounsel
1 appearance

for Guarantee Company of North America

Adrian WillsherCounsel
1 appearance

for HealthCare of Ontario Pension Plan

Marc RodrigueCounsel
1 appearance
Catherine PollackCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General, Michael Bryant and Kenneth Campbell

Christopher ThompsonCounsel
1 appearance

for herself

Eloise RobillardSelf-represented
1 appearance
Leslie StaddonSelf-represented
1 appearance
Ellen BowieSelf-represented
1 appearance

for himself

Alexios ParaskevopoulosSelf-represented
1 appearance
Alexandros KakanisSelf-represented
1 appearance
Sean RobillardSelf-represented
1 appearance
Zafar SultanSelf-represented
1 appearance

for Homewood Health Centre and Edgardo Perez

Charlotte BurkhardtAgent
1 appearance

for ING Halifax Insurance Company

Doug WallaceCounsel
1 appearance

for ING-Halifax Insurance Company

Chris BlomCounsel
1 appearance

for ING Insurance Company of Canada

Thomas PercivalCounsel
1 appearance
Talaal BondCounsel
1 appearance
Marla CoxCounsel
1 appearance

for Intersteam Technologies Inc., and Manfred Dietrich

Manfred DietrechAgent
1 appearance

for James Soutar

James SoutarSelf-represented
1 appearance

for Kingsway General Insurance Company

Catherine KorteCounsel
1 appearance
Kerri KnudsonCounsel
1 appearance

for Lakeridge Health

Jessica KearseyCounsel
1 appearance

for Legal Aid Ontario

Andrea DanonCounsel
1 appearance

for Liberty Mutual Insurance Company

Deborah G. NeilsonCounsel
2 appearances
Wayne EdwardsCounsel
1 appearance
George O. FrankCounsel
1 appearance
Dwaine BurnsCounsel
1 appearance
Michael J. HucklackCounsel
1 appearance
Michael J. HuclackCounsel
1 appearance

for Lombard General Insurance Company of Canada

Harry BrownCounsel
1 appearance

for Mazin & Rooz, Barristers and Solicitors

Nureen ShariffCounsel
1 appearance

for Mazin Rooz Mazin

Meenaz JafferCounsel
3 appearances

for Mevotech LP, Toby Gennings and Sendor Szell

Paul MacchioneCounsel
1 appearance

for Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance
Harold SterlingCounsel
1 appearance

for Mr. Asamane

Murray TkatchCounsel
1 appearance

for Mr. Balanki

Alexander MazinCounsel
1 appearance

for Mr. Basdeo

Patrick DaSilvaCounsel
1 appearance
Patrick DaSilvaParalegal
1 appearance

for Mr. Bouchahma

Adam EzerCounsel
1 appearance

for Mr. Brown

Brian ShermanCounsel
1 appearance

for Mr. Buccellato

Patrick DiMonteCounsel
2 appearances

for Mr. Cordeiro

Andrew DavidsonCounsel
1 appearance

for Mr. Do

Al PaceCounsel
1 appearance

for Mr. Ewers

Amanda HeerschopCounsel
1 appearance

for Mr. Foster

Brian ShermanCounsel
1 appearance

for Mr. Grunberg

Christopher D. FinlayCounsel
1 appearance

for Mr. Guglielmo

Barry MunroCounsel
1 appearance

for Mr. Hill

Shelley MartinCounsel
1 appearance

for Mr. Ho

David PhamCounsel
1 appearance

for Mr. Jagdharry

P. Michael RotondoCounsel
1 appearance

for Mr. Karnathasan

Samiya AhmedAgent
1 appearance

for Mr. Khemraj and Ms. Khemraj

Mark DeWittAgent
1 appearance

for Mr. Kovach

Charlia D. von BuchwaldCounsel
1 appearance

for Mr. Little

Karen FrishetteCounsel
1 appearance

for Mr. MacKenzie

Kevin WolfCounsel
2 appearances

for Mr. Mathur

Idan ErezCounsel
1 appearance
Vikram KapurCounsel
1 appearance

for Mr. Mazumder

Donna BruceCounsel
1 appearance
Tania AstorinoCounsel
1 appearance

for Mr. McMichael

Alan L. RachlinCounsel
1 appearance

for Mr. Pankratov

Debra LewisCounsel
1 appearance

for Mr. Robinson

Scott M. MerrifieldCounsel
1 appearance

for Mrs. Antony

David S. WilsonCounsel
1 appearance

for Mrs. Asmand

David F. LongleyCounsel
1 appearance

for Mrs. Distefano

David F. LongleyCounsel
1 appearance

for Mrs. Fimiani

Linda WolanskiCounsel
1 appearance
Richard M. BogorochCounsel
1 appearance

for Mrs. Garcia

Kevin DoanCounsel
1 appearance

for Mr. Sidhu and Mr. Braithwaite

Muthu AnnamalaiAgent
1 appearance

for Mr. Singh

Satwant MerwarAgent
1 appearance

for Mrs. Joshi

Helen FotinosCounsel
1 appearance

for Mrs. Kennedy

David S. WilsonCounsel
1 appearance

for Mr. Smith

Tammy RingCounsel
2 appearances

for Mrs. Patterson

Allan S. BlottCounsel
1 appearance

for Mrs. Scott

Pamela BlaikieCounsel
1 appearance
Alden M. DychtenbergCounsel
1 appearance

for Mrs. Sivaloganathan

David S. WilsonCounsel
2 appearances

for Mr. Steinhoff

Michael BennettCounsel
1 appearance
David F. MacDonaldCounsel
1 appearance

for Mr. Stelzer

Kelly SiegnerCounsel
1 appearance

for Mr. Sutherland

Ian S. WrightCounsel
1 appearance

for Mr. Taylor

P. Michael RotondoCounsel
1 appearance

for Mr. Tendenilla

Arvin GuptaCounsel
2 appearances
Armin GuptaCounsel
1 appearance

for Mr. Wilkerson

Richard LevinCounsel
1 appearance

for Mr. Yogarajah

Donata Di IorioCounsel
2 appearances

for Ms. Alladina

Janet S. YoungCounsel
1 appearance

for Ms. Brooks

Linda WolanskiCounsel
1 appearance

for Ms. Damude

J. Ivan MariniCounsel
1 appearance

for Ms. Hargraves

David PayneCounsel
1 appearance

for Ms. Keyes

David F. MacDonaldCounsel
1 appearance

for Ms. Khong

David H. PhamCounsel
1 appearance

For Ms. Lok

Sue ChenAgent
1 appearance

for Ms. McCabe

Stan SteinmanCounsel
1 appearance

for Ms. McDougall

Salvatore ShawCounsel
1 appearance

for Ms. Morabito

Brian A. BanfieldCounsel
1 appearance

for Ms. Nandkumar

Jeffrey Wm. StrypeCounsel
1 appearance

for Ms. Navage

David S. WilsonCounsel
2 appearances

for Ms. Owusu

Murray TkatchCounsel
1 appearance

for Ms. Owusu and Ms. Sarpong

Murray TkatchCounsel
1 appearance

for Ms. Patterson

Esan InceCounsel
1 appearance

for Ms. Paunova

Christopher D. FinlayCounsel
1 appearance

for Ms. Sarpong

Murray TkatchCounsel
1 appearance

for Ms. Sidhu

Tripta ChandlerCounsel
1 appearance

for Ms Vasina

Henry GoldentulerCounsel
1 appearance

for Ms. Zeris

Jeffrey RaphaelCounsel
1 appearance

for Neighbourhood Legal Services

Jack de KlerkCounsel
1 appearance

for Non-Marine Underwriters, Mbrs. of Lloyd's

Rita BambersCounsel
1 appearance

for Nordic Insurance Company of Canada

David DinnerCounsel
1 appearance

for Ontario Municipal Insurance Exchange

Bryan D. RumbleCounsel
2 appearances

for Ontario Public Service Employees Union

Nini JonesCounsel
1 appearance

for Organizational Solutions Inc.

Carla ZabekCounsel
1 appearance

for Pat Caricato

Gavin ClingbineAgent
1 appearance

for Pauline Lysak, Satu Repo-Hendsbee and Wilson Li

Yola VentrescaCounsel
1 appearance
John JudsonCounsel
1 appearance

for Pembridge Insurance Company

Richard HorstCounsel
2 appearances

for People's Trust Company

Christina WallisCounsel
1 appearance

for Personal Insurance Company of Canada

Todd J. McCarthyCounsel
1 appearance

for Pet Valu Canada Inc.

Christine Martin BevilacquaAgent
1 appearance

for Pilot Insurance Company

Robert BarrettCounsel
2 appearances

for Progressive Casualty Insurance Co. of Canada

Pamela A. BrownleeCounsel
2 appearances

for Rakesh Majithia CA Professional Corporation and Rakesh Majithia

Salma ShaikhCounsel
1 appearance

for RBC General Insurance Company

John D. DeanCounsel
2 appearances
Neil Colville-ReevesCounsel
1 appearance
Darrell MarchCounsel
1 appearance
Alexander CurryCounsel
1 appearance
James LeoneCounsel
1 appearance
Cary SchneiderCounsel
1 appearance

for Resolve Recruit Inc.

Neal OrnsteinCounsel
1 appearance

for Revera Long Term Care, Revera Baywoods Place, and Revera Inc.

Erin PorterAgent
1 appearance

for Riverfront medical Services, Respondent

Keith EdwardsCounsel
1 appearance
Golbon MehrabkhaniCounsel
1 appearance

for Rooms Accessories and Furniture Inc.

Gurinder WaliaAgent
1 appearance

for Roxboro Business Services and Raj Hemraj

Orie H. NeidzvieckiAgent
1 appearance

for Royal & SunAlliance Insurance Company of Canada

Nathalie RosenthallCounsel
2 appearances
Janet C. StevensCounsel
1 appearance
Scott SmithCounsel
1 appearance
G. BogoCounsel
1 appearance

for Rygiel Supports for Community Living

Chris BaroneAgent
1 appearance

for Sault College

Nadina S. ZacksCounsel
1 appearance

for Security National Insurance Co./Monnex Insurance Mgmt. Inc.

Cameron StarkCounsel
2 appearances
Theodore P. CharneyCounsel
1 appearance

for Sound Times

Natasha PersaudCounsel
1 appearance

for State Farm Mutual Automobile Insurance Company

Todd J. McCarthyCounsel
4 appearances
George MekarisCounsel
1 appearance
Darrell MarchCounsel
1 appearance
Alexander CurryCounsel
1 appearance
Ian D. KirbyCounsel
1 appearance

for St. Louis Bar and Grill Cityplace and Julia Anderson

Carla V. NassarCounsel
1 appearance

for St. Michael’s Hospital

Michael ConradiCounsel
1 appearance

for Sun Life

Valeri S. GreifenbergerCounsel
1 appearance

for Sunshine Landscaping and himself

Valdir PradoSelf-represented
1 appearance

for TD General Insurance Company

Andrew GraysonCounsel
1 appearance

for TD Home and Auto Insurance Company

Andrew GraysonCounsel
3 appearances

for Teamsters of Canada Local 419

Mireille GirouxCounsel
1 appearance

for the Affected Party

Jorge HurtadoCounsel
2 appearances
Howard GoldblattCounsel
1 appearance
Patrick GroomCounsel
1 appearance
Fil FalboUnion representative
1 appearance
Nicole ButtCounsel
1 appearance
Dave SteeleCounsel
1 appearance
Dave SteeleUnion representative
1 appearance
Rebecca LeeCounsel
1 appearance

for the applicant

Nancy GrangerCounsel
1 appearance
Alana FenwickSelf-represented
1 appearance

for the Applicant

Wayne FerronSelf-represented
7 appearances
Cecil NormanAgent
6 appearances
Peggy HarrypersadSelf-represented
5 appearances
Sandra McArthur-CalhounSelf-represented
4 appearances
Nohemy CunninghamSelf-represented
4 appearances
Self-representedSelf-represented
4 appearances
Alexandre PapouchineSelf-represented
3 appearances
Andrew L. LukachkoSelf-represented
3 appearances
Robert CameronSelf-represented
3 appearances
Giuseppe MassaSelf-represented
3 appearances
Clive RoySelf-represented
3 appearances
John R. EvansCounsel
3 appearances
Chris SurowiakAgent
3 appearances
Grace PermaulCounsel
3 appearances
Brenda CulbertCounsel
3 appearances
John NahirnySelf-represented
3 appearances
Ernest J. GuisteCounsel
2 appearances
Debra SelkirkAgent
2 appearances
Grant DobsonSelf-represented
2 appearances
Veena DassSelf-represented
2 appearances

for the Applicant Mike Khoury

Yu-Sung SohCounsel
1 appearance

for the Applicants

Self-representedSelf-represented
2 appearances
Nicole SimesCounsel
1 appearance
Benjamin RiesCounsel
1 appearance
Michael KatzmanCounsel
1 appearance
Nathan KorenbergParalegal
1 appearance
Dianne RobinsonAgent
1 appearance
Qiying JinSelf-represented
1 appearance
Erich SchultzeAgent
1 appearance
Mr. VillellaAgent
1 appearance
Doug McleodCounsel
1 appearance
W.F.Self-represented
1 appearance
Shiping LiSelf-represented
1 appearance

for the Applicant Scott Strang

Eli GedalofCounsel
1 appearance

for The Automobile Insurance Company of Hartford, Connecticut

Julian R.G. ThomasCounsel
1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Karen SargeantCounsel
1 appearance
Nicole SinghCounsel
1 appearance

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

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

for The Crown in Right of Ontario as represented by the Minister of Finance, Respondent

Jessica FioreCounsel
1 appearance
Lori PatykCounsel
1 appearance

for the Crown in Right of Ontario as represented by the Ministry of the Attorney General

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

Andrew T. GrahamCounsel
2 appearances
William M. SproullCounsel
2 appearances
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
Paul O’RyanCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Insiya EssajeeCounsel
1 appearance
Anne GregoryCounsel
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

Jeff BrooksSelf-represented
1 appearance
Sandra JohnsonSelf-represented
1 appearance
Stephen RobinsonSelf-represented
1 appearance
Jon CannSelf-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
Steve LavenderCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Greg BullenCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
James HeeneyCounsel
1 appearance
Kerri KitchenCounsel
1 appearance
Vivian BercoviciCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance
Jeffrey NicholsonCounsel
1 appearance
Civity GauleyCounsel
1 appearance

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Glorie AlfredCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Patricia G. MurrayCounsel
2 appearances
Robert WeirCounsel
1 appearance
Beverly BanksAgent
1 appearance
Glenn K. L. ChuCounsel
1 appearance
Casey PicardAgent
1 appearance
Derek L. RogersCounsel
1 appearance
1818224 Ontario Limited o/a Country Style DonutSelf-represented
1 appearance
James BallCounsel
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

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

Donald G. CormackCounsel
1 appearance
Darrell MarchCounsel
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

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
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

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

/Adjudicator

David Muir — Vice-Chair

Human Rights

Administrative Law

Employment and Labour 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

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

The applicant filed an application under s. 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 regarding her intentions.

The Tribunal deemed the application abandoned and dismissed it.

Pollock v. Brampton Engineering, 2015 HRTO 332

David Muir

Human rights application deferred pending conclusion of concurrent grievance arbitration raising the same issues.

The applicant filed an application alleging discrimination in employment based on disability and association.

The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of a concurrent grievance arbitration.

The applicant opposed deferral because the arbitration hearing was not scheduled to begin until January 2016.

The Tribunal found that the facts and issues in both proceedings were largely the same, particularly regarding the applicant's termination.

Applying its usual approach to defer to concurrent grievance proceedings to avoid inconsistent findings, the Tribunal deferred the application pending the completion of the grievance process.

MacDonald v. Waterloo Catholic District School Board, 2015 HRTO 331

David Muir

Application for contravention of settlement dismissed as abandoned after applicant failed to comply with Tribunal orders.

The applicant filed an application alleging contravention of a settlement agreement by the respondent.

The respondent had previously been ordered into receivership, and the Tribunal had stayed the application pending leave of the Superior Court or consent of the Receiver.

The Tribunal ordered the applicant to advise of his intentions regarding the application by a specified date.

The applicant failed to comply with this order.

Consequently, the Tribunal dismissed the application as abandoned.

Killby v. Kappeler Masonry Corporation, 2015 HRTO 330

David Muir

HRTOHuman Rights Tribunal of OntarioMar 16, 2015

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

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

The Tribunal issued two Notices of Intent to Dismiss, noting the application appeared to be outside its jurisdiction, and directed the applicant to provide written submissions.

The applicant failed to respond to either notice.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Rachelle Alexander v. Republic Live Inc. and Canadian Tire Motorsport Park, 2015 HRTO 324

David Muir

HRTOHuman Rights Tribunal of OntarioMar 11, 2015

Request for reconsideration dismissed as the underlying case assessment direction was not a final decision.

The applicant filed a Request for Reconsideration of a Case Assessment Direction (CAD) regarding the production of documents.

Hicks v. Hamilton-Wentworth Catholic District School Board, 2015 HRTO 302

David Muir

HRTOHuman Rights Tribunal of OntarioMar 9, 2015

Human rights application deferred pending conclusion of concurrent grievance arbitration raising identical issues.

The applicant filed a human rights application alleging employment discrimination.

The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of a concurrent grievance arbitration.

Although the applicant initially requested the deferral, he later opposed it because the respondent would only deal with the union's counsel regarding the grievance.

Villanueva v. Toronto (City), 2015 HRTO 279

David Muir

HRTOHuman Rights Tribunal of OntarioMar 5, 2015

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

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

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

Despite multiple notices and extensions, the applicant failed to provide written submissions in response to the NOID.

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

Edmond Harty v. Hamilton Wentworth Catholic District School Board, 2015 HRTO 263

Wendy Lopez

Practising Law - Employed14 cases2011–2017

David Muir

HRTOHuman Rights Tribunal of OntarioMar 4, 2015

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

The applicant filed an application under s. 34 of the Human Rights Code alleging discrimination in contracts on the basis of race.

The Tribunal scheduled a summary hearing to determine whether the application should be dismissed for having no reasonable prospect of success.

The applicant failed to attend the scheduled telephone conference hearing.

Consequently, the Tribunal dismissed the application as abandoned.

Szimbah Hanley v. Toronto District School Board, 2015 HRTO 258

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 matter appeared to be outside its jurisdiction.

Despite multiple reminders and extensions, the applicant failed to provide written submissions in response to the NOID.

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

Connie Benwell v. Salt River First Nation # 195, 2015 HRTO 213

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.

Michelle Perrone v. Burger King Restaurants Canada and Alison Kidd, 2015 HRTO 211

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 17, 2015

Request to amend human rights application to add facts regarding mental health disability granted.

The applicant filed a Request for Order During Proceedings to amend her human rights application to add facts regarding her mental health disability.

The respondent did not respond to the request.

Novak v. Georgian Manor Resort and Country Club, 2015 HRTO 209

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.

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

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

Louis Lobban v. Metro College of Technology, 2015 HRTO 198

David Muir

Request to remove individual respondent granted as actions were taken in the course of employment.

The corporate respondent, Chrysler Canada Inc., brought a Request for Order During Proceeding to remove an individual respondent from the human rights application.

The applicant opposed the request, arguing the individual took a personal interest in her circumstances.

The request was granted and the individual respondent was removed.

Valentino v. Chrysler Canada Inc., 2015 HRTO 195

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to early dismissal request.

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

The respondent sought early dismissal, arguing the issues were within exclusive federal jurisdiction.

The Tribunal directed the applicant to respond to the respondent's request, warning that failure to do so could result in the application being deemed abandoned.

The applicant did not respond by the deadline.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Patrick Williams v. Apex Motor Express Ltd., 2015 HRTO 189

David Muir

Human rights application deferred pending conclusion of concurrent grievance arbitration raising overlapping issues.

The Tribunal issued a Notice of Intent to Defer the application under s. 45 of the Human Rights Code pending the conclusion of a concurrent grievance arbitration.

The applicant opposed deferral, arguing that not all issues were duplicated and that employer policy allowed concurrent proceedings.

Billie Ramey v. Ornge, 2015 HRTO 188

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, a Request for Order During Proceeding, and a Request for Summary Hearing.

The applicant failed to respond to these materials or to a subsequent Case Assessment Direction.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Sparkes v. Ontario (Community Safety and Correctional Services), 2015 HRTO 178

David Muir

Human rights application dismissed under s. 34(11) due to duplicative Small Claims Court proceeding.

The applicant filed a human rights application alleging discrimination based on age, disability, and reprisal regarding his expulsion from a baseball league.

The respondent sought early dismissal under section 34(11) of the Human Rights Code.

As the requirements of section 34(11) were met, the application was dismissed.

Massa v. London Men's Baseball League, 2015 HRTO 174

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 did not communicate with the Tribunal to explain her absence.

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

The applicant did not respond.

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

Natalie Harrigan v. David’s Bridal Canada Inc., 2015 HRTO 167

David Muir

Licence Surrendered - Retired11 cases2009–2016

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 proceeding.

The Tribunal directed the applicant to provide an update on the other proceeding by a specified date, warning that failure to do so might result in the application being dismissed as abandoned.

The applicant failed to respond or communicate with the Tribunal.

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

Miriam Grandison v. Region of Peel, 2015 HRTO 166

Joanna S. Rainbow

David Muir