David Muir

HRTOHuman Rights Tribunal of OntarioFeb 3, 2015

Human rights application against court house dismissed at preliminary stage due to judicial immunity.

The applicant filed a human rights application against the Goderich Court House alleging discrimination based on age, disability, and ethnic origin by a Small Claims Court Deputy Judge during a pre-hearing settlement conference.

The Tribunal issued a Notice of Intent to Dismiss.

The Tribunal dismissed the application at the preliminary stage, finding it plain and obvious that it lacked jurisdiction due to the doctrine of judicial immunity, as the allegations related entirely to judicial activity.

The Tribunal also noted a lack of nexus between the alleged conduct and the protected grounds.

Massa v. Goderich Court House, 2015 HRTO 158

Tribunal orders production of medical records and permits physician to testify by telephone in disability discrimination claim.

The applicant alleged discrimination in employment on the basis of disability after being terminated following a request for a week off work due to a shoulder injury.

In this interim decision, both parties filed Requests for Orders During Proceedings.

The Tribunal ordered the applicant to produce her family physician's clinical notes and records related to the injury for the six months prior to the request for time off.

The Tribunal also ordered the respondent to produce the medical note provided by the applicant, and permitted the applicant's physician to testify by telephone.

Desimone v. KRD Inc., 2015 HRTO 144

Fatema Dada

Practising Law - Employed18 cases2012–2017

David Muir

Human rights application alleging discrimination in family court proceedings dismissed for no reasonable prospect of success.

The applicant alleged discrimination on the basis of race, sex, and family status by the respondent in relation to a family law dispute.

The applicant claimed that the court assigned inexperienced judges to his case and treated him differently than his former spouse due to negative stereotypes about Black men.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success as there was no evidence linking the respondent's actions to any Code-protected grounds, and the allegations were inextricably linked to the judicial process.

Boston v. Ontario (Attorney General), 2015 HRTO 128

Jacqueline Silvera

1 case2015–2015

Alycia Shaw

7 cases2014–2015

David Muir

Human rights application dismissed under s. 45.1 as the substance was already decided in grievance arbitration.

The applicant filed a human rights application alleging that her former employer failed to accommodate her disability and discriminatorily terminated her employment.

Prior to this application, the applicant's union had grieved her termination, and an arbitrator dismissed the grievance, finding the dismissal was for just cause and that the employer had accommodated her to the point of undue hardship.

The Tribunal held a preliminary hearing to determine whether the application should be dismissed under section 45.1 of the Human Rights Code.

Finding that the grievance arbitration appropriately dealt with the substance of the human rights application, the Tribunal dismissed the application to prevent relitigation.

Michele Newby v. Toronto General Hospital – University Health Network, 2015 HRTO 127

Pamela Yudcovitch

13 cases1988–2016

David Muir

Tribunal grants anonymization orders and removes personal respondent in human rights application involving child protection worker.

The applicant alleged discrimination based on disability and record of offences regarding a background check conducted by a child protection worker.

The respondent brought a request for orders to anonymize the identities of the child, parents, and caregiver involved, to close the proceeding to the public, and to remove the personal respondent.

The Tribunal granted the anonymization orders pursuant to the Child and Family Services Act, deferred the request to close the proceeding, and removed the personal respondent as the corporate respondent accepted responsibility for her actions.

The applicant was directed to respond to the respondent's request for a summary hearing.

M.D. v. Peel Children’s Aid Society, 2015 HRTO 121

David Muir

Request to remove individual respondents granted as corporate respondent accepted vicarious liability for their actions.

The corporate respondent brought a request for an order during the proceeding to remove several individual respondents from the human rights application.

The applicant, who alleged discrimination and reprisal regarding accommodation of a workplace injury, did not respond to the request.

Applying the principles from Sigrist and Carson and Persaud, the Tribunal found that the corporate respondent was alleged to be liable for the conduct of its employees, there was no issue regarding its vicarious liability or ability to remedy any infringement, and there was no compelling reason to keep the individuals as parties.

The request was granted and the individual respondents were removed.

Temor v. Hudson’s Bay Company, 2015 HRTO 117

David Muir

Application reactivated but summary hearing directed to determine if it has a reasonable prospect of success.

The applicant filed a Request for Order During Proceeding to reactivate his human rights application after his parallel civil suit in Small Claims Court was dismissed.

The Tribunal granted the request to reactivate the application as there were no other ongoing proceedings.

However, the Tribunal directed that a summary hearing be held to determine whether the application should be dismissed for having no reasonable prospect of success or because its substance had been appropriately dealt with in other proceedings.

Fisher v. Ontario (Community and Social Services), 2015 HRTO 116

Frank Angeletti

25 cases1991–2017

Christine Lundy

2 cases2015–2015

David Muir

HRTOHuman Rights Tribunal of OntarioJan 23, 2015

Third-party news organization ordered to produce video evidence of alleged discrimination incident.

The applicant filed a Request for Order During Proceeding seeking an order directing a third-party news organization, CTV London, to produce electronic documents, including a video of the alleged incident and the contact information of the customer who recorded it.

The respondent opposed the request, arguing the material was not relevant.

The Tribunal found the video arguably relevant to the issue in dispute and ordered the third party to produce the requested materials, leaving ultimate admissibility to the hearing adjudicator.

Glanville v. 1212551 Ontario Inc. o/a Tim Hortons, 2015 HRTO 102

David Muir

HRTOHuman Rights Tribunal of OntarioJan 21, 2015

Human rights application against Tribunal adjudicator dismissed for lack of jurisdiction.

The applicant filed an application alleging discrimination and reprisal against a Tribunal adjudicator who had previously dismissed his prior application for delay.

The Tribunal issued a Notice of Intent to Dismiss on the basis that the claim related to the execution of adjudicative duties.

The Tribunal found it plain and obvious that the complaint was an attempt to challenge the content of the prior decision, which falls outside the Tribunal's jurisdiction.

The application was dismissed.

Raba v. Cook, 2015 HRTO 84

David Muir

HRTOHuman Rights Tribunal of OntarioJan 15, 2015

Human rights application dismissed as abandoned after applicant failed to communicate or confirm hearing attendance.

The applicant filed an application alleging discrimination in employment on the basis of disability.

Prior to the scheduled hearing, the applicant's representative requested an adjournment because he was unable to contact the applicant.

The Tribunal denied the adjournment and directed the applicant to confirm her attendance, failing which the application would be dismissed as abandoned.

The applicant failed to communicate with the Tribunal or her representative.

Consequently, the Tribunal cancelled the hearing and dismissed the application as abandoned.

Stacey Lashmar v. 106475 Ontario Inc. o/a Tim Horton’s, 2015 HRTO 55

David Muir

HRTOHuman Rights Tribunal of OntarioJan 12, 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 provide written submissions in response to the Notice by the required deadline.

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

Joanne Desjardins v. St. Francois Residence, Andre Blanchet and Natasha Waugh, 2015 HRTO 39

David Muir

HRTOHuman Rights Tribunal of OntarioJan 8, 2015

Human rights application deferred pending completion of concurrent grievance proceeding.

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

The Tribunal issued a Notice of Intent to Defer the application because a concurrent grievance proceeding related to the same facts and issues was ongoing.

Finding substantial overlap between the proceedings and noting the authority of grievance arbitrators to enforce human rights obligations, the Tribunal deferred the application pending the completion of the grievance process to avoid concurrent proceedings and inconsistent findings.

Zealand v. Metro Ontario Inc., 2015 HRTO 27

David Muir

HRTOHuman Rights Tribunal of OntarioDec 23, 2014

Individual respondent removed from human rights application as corporate respondent was vicariously liable.

The respondents requested the removal of the individual respondent, J.C., from an application alleging discrimination in employment on the basis of age and disability.

The Tribunal applied the principles from Sigrist and Carson and Persaud, noting that the corporate respondent was alleged to be liable for the same conduct and there was no issue regarding its ability to respond to or remedy the alleged infringement.

Finding no compelling reason to keep the individual respondent as a party, the Tribunal granted the request and removed J.C. from the proceeding.

Candice Uniac v. 1390386 Ontario Inc., 2014 HRTO 1823

David Muir

HRTOHuman Rights Tribunal of OntarioDec 18, 2014

Human rights application against union dismissed summarily as union had no independent duty to accommodate.

The applicant, an employee on medical leave, alleged that her union (CUPE) discriminated against her by failing to accommodate her disability, failing to investigate a workplace accident, and failing to communicate with her.

The Tribunal held a summary hearing to determine if the application against CUPE had a reasonable prospect of success.

Applying the Supreme Court's decision in Renaud, the Tribunal found that a union's duty to accommodate only arises if it participates in formulating a discriminatory work rule or impedes an employer's reasonable efforts to accommodate.

Finding no evidence that CUPE did either, or that it treated the applicant differently because of her disability, the Tribunal dismissed the application against CUPE for having no reasonable prospect of success.

The Tribunal also denied the applicant's late request for document production but granted her request to amend the application.

Franca Piluso v. Community Living St. Catharines, Organizational Solutions, Catherine Humphrey and Canadian Union of Public Employees, Local 2276, 2014 HRTO 1798

David Muir

HRTOHuman Rights Tribunal of OntarioDec 16, 2014

Respondent deemed to have accepted human rights allegations after failing to file a Response.

The applicant filed an application alleging discrimination in the provision of goods and services based on sex.

One of the respondents failed to file a Response despite receiving multiple notices and warnings from the Tribunal.

Applying Rule 5.5 of its Rules of Procedure, the Tribunal issued an interim decision deeming the non-responding respondent to have accepted all allegations in the application and waived all rights to further notice or participation in the proceedings.

Gosselin v. Rosedale Ladies League, 2014 HRTO 1791

David Muir

HRTOHuman Rights Tribunal of OntarioDec 12, 2014

Incomplete human rights application closed after applicant failed to provide sufficient medical evidence for six-month extension.

The applicant filed a substantially incomplete application with the Human Rights Tribunal of Ontario, essentially submitting a blank form as a placeholder while pursuing other litigation.

He requested a six-month extension to complete the application, citing a disability-related accommodation need.

The Tribunal found the medical documentation insufficient to support the lengthy extension and concluded that the neutral requirement to file a complete application in a timely manner did not have an adverse impact on the applicant based on disability.

The application was closed as incomplete.

Mazdak Bandeh Moghadami v. Various Respondents, 2014 HRTO 1783

David Muir

HRTOHuman Rights Tribunal of OntarioDec 8, 2014

Request to amend human rights application to add further particulars granted.

The applicant filed a Request for Order During Proceedings seeking to amend his human rights application, which alleged discrimination in employment on the basis of disability and reprisal.

The respondent did not respond to the request.

The Tribunal granted the request, finding that the amendments were in the nature of further particulars, did not add new grounds of discrimination, and would not alter the nature of the hearing in any material way.

Mihai Codrin v. Commissionaires Great Lakes, 2014 HRTO 1762

David Muir

Motion to dismiss human rights application denied; prior Law Society investigation does not preclude civil remedy.

The applicant filed a human rights application alleging sexual harassment, sexual assault, and discriminatory termination by her former employer, a law firm and its partner.

She had also filed a professional misconduct complaint with the Law Society of Upper Canada (LSUC), which was dismissed after investigation for insufficient evidence.

The respondents requested that the Tribunal dismiss the application under section 45.1 of the Human Rights Code or as an abuse of process, arguing the matter had been appropriately dealt with by the LSUC.

Applying the Supreme Court's reasoning in Penner, the Tribunal denied the request, finding it would be unfair to preclude the human rights claim given the different purposes of the proceedings, the applicant's lack of personal stake or remedy in the LSUC process, and the public interest in not discouraging regulatory complaints.

Ormesher v. Schwarz Law LLP, 2014 HRTO 1757

David Muir

Application dismissed for lack of jurisdiction as unpardoned criminal convictions are not protected under the Code.

The applicant filed an application alleging employment discrimination based on the ground of 'record of offences' after being dismissed when his criminal conviction became known to the respondent.

The Tribunal directed the applicant to clarify the basis of his claim, noting the Human Rights Code defines 'record of offences' as requiring a pardon for criminal convictions.

The applicant argued the Code covers anyone convicted of an offence.

The Tribunal dismissed the application for lack of jurisdiction, holding that the clear and unambiguous definition in the Code requires a pardon under the Criminal Records Act for criminal offences, which the applicant did not have.

James Gardner v. Accounts Recovery Corporation, 2014 HRTO 1755

David Muir

Employment and Labour Law

Human rights application dismissed at preliminary stage as whistleblower reprisal is not a Code-protected ground.

The applicant filed a human rights application alleging discrimination on the basis of record of offences and reprisal, claiming he was targeted for being a whistleblower regarding a colleague's inappropriate behaviour.

The Tribunal issued a Notice of Intent to Dismiss for lack of jurisdiction.

The Tribunal found it plain and obvious that the applicant did not have a record of offences as defined by the Code, and that his whistleblower actions did not constitute a Code-protected claim.

The application was dismissed at the preliminary stage for lack of jurisdiction.

Giannias v. Toronto District School Board, 2014 HRTO 1754

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3 appearances
Robert CameronSelf-represented
3 appearances
Christopher NewmanSelf-represented
2 appearances
Michael AnasaktaAgent
2 appearances
Elisabeth MitchinsonSelf-represented
2 appearances
Joe MassaSelf-represented
2 appearances

for the Applicant Mike Khoury

Yu-Sung SohCounsel
1 appearance

for the Applicants

Self-representedSelf-represented
2 appearances
Dianne RobinsonAgent
1 appearance
Doug McleodCounsel
1 appearance
Erich SchultzeAgent
1 appearance
Michael KatzmanCounsel
1 appearance
Mr. VillellaAgent
1 appearance
Nathan KorenbergParalegal
1 appearance
Qiying JinSelf-represented
1 appearance
Shiping LiSelf-represented
1 appearance
W.F.Self-represented
1 appearance
Nicole SimesCounsel
1 appearance
Benjamin RiesCounsel
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
Jessica AmeyCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Quadira JacksonCounsel
1 appearance
Rick LaporteUnion representative
1 appearance
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Insiya EssajeeCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Elizabeth NurseCounsel
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

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
Melanie HerbinCounsel
4 appearances
David PatacairkCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Greg BullenCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Brian O’ByrneCounsel
1 appearance
Brian SilvaCounsel
1 appearance
Bruce CowleyAgent
1 appearance
Bruce EllisCounsel
1 appearance
Carolyn KayCounsel
1 appearance
Catherine PowellCounsel
1 appearance

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Patricia G. MurrayCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Craig R. ColraineCounsel
1 appearance
Darragh MeagherCounsel
1 appearance
David AmyotCounsel
1 appearance
David GourlayCounsel
1 appearance
David MigicovskyCounsel
1 appearance
David PatacairkCounsel
1 appearance
Derek L. RogersCounsel
1 appearance
Derek TrueloveCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Edward J. PosliffCounsel
1 appearance
Elizabeth J. McIntyreCounsel
1 appearance
Erin R. KuzzAgent
1 appearance
Eshiva EisenbergAgent
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

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

Jennifer GuthCounsel
1 appearance
Melanie MalachCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

Kathryn J. BirdCounsel
1 appearance
Neal SommerCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

/Adjudicator

David Muir — Vice-Chair

Human Rights

Administrative Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

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

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

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

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 3, 2015

Human rights application against court house dismissed at preliminary stage due to judicial immunity.

The Tribunal issued a Notice of Intent to Dismiss.

The Tribunal also noted a lack of nexus between the alleged conduct and the protected grounds.

Massa v. Goderich Court House, 2015 HRTO 158

Marc DiGirolamo

6 cases2008–2015

Brenda Culbert

Not Practising Law - Employed32 cases2011–2017

David Muir

HRTOHuman Rights Tribunal of OntarioJan 30, 2015

Tribunal orders production of medical records and permits physician to testify by telephone in disability discrimination claim.

The applicant alleged discrimination in employment on the basis of disability after being terminated following a request for a week off work due to a shoulder injury.

In this interim decision, both parties filed Requests for Orders During Proceedings.

The Tribunal ordered the applicant to produce her family physician's clinical notes and records related to the injury for the six months prior to the request for time off.

The Tribunal also ordered the respondent to produce the medical note provided by the applicant, and permitted the applicant's physician to testify by telephone.

Desimone v. KRD Inc., 2015 HRTO 144

Fatema Dada

Practising Law - Employed18 cases2012–2017

David Muir

Human rights application alleging discrimination in family court proceedings dismissed for no reasonable prospect of success.

The applicant alleged discrimination on the basis of race, sex, and family status by the respondent in relation to a family law dispute.

The applicant claimed that the court assigned inexperienced judges to his case and treated him differently than his former spouse due to negative stereotypes about Black men.

Boston v. Ontario (Attorney General), 2015 HRTO 128

Jacqueline Silvera

1 case2015–2015

Alycia Shaw

7 cases2014–2015

David Muir

Human rights application dismissed under s. 45.1 as the substance was already decided in grievance arbitration.

The applicant filed a human rights application alleging that her former employer failed to accommodate her disability and discriminatorily terminated her employment.

The Tribunal held a preliminary hearing to determine whether the application should be dismissed under section 45.1 of the Human Rights Code.

Finding that the grievance arbitration appropriately dealt with the substance of the human rights application, the Tribunal dismissed the application to prevent relitigation.

Michele Newby v. Toronto General Hospital – University Health Network, 2015 HRTO 127

Pamela Yudcovitch

13 cases1988–2016

David Muir

Tribunal grants anonymization orders and removes personal respondent in human rights application involving child protection worker.

The applicant alleged discrimination based on disability and record of offences regarding a background check conducted by a child protection worker.

The respondent brought a request for orders to anonymize the identities of the child, parents, and caregiver involved, to close the proceeding to the public, and to remove the personal respondent.

The applicant was directed to respond to the respondent's request for a summary hearing.

M.D. v. Peel Children’s Aid Society, 2015 HRTO 121

David Muir

Request to remove individual respondents granted as corporate respondent accepted vicarious liability for their actions.

The corporate respondent brought a request for an order during the proceeding to remove several individual respondents from the human rights application.

The applicant, who alleged discrimination and reprisal regarding accommodation of a workplace injury, did not respond to the request.

The request was granted and the individual respondents were removed.

Temor v. Hudson’s Bay Company, 2015 HRTO 117

David Muir

Application reactivated but summary hearing directed to determine if it has a reasonable prospect of success.

The applicant filed a Request for Order During Proceeding to reactivate his human rights application after his parallel civil suit in Small Claims Court was dismissed.

The Tribunal granted the request to reactivate the application as there were no other ongoing proceedings.

Fisher v. Ontario (Community and Social Services), 2015 HRTO 116

Frank Angeletti

25 cases1991–2017

Christine Lundy

2 cases2015–2015

David Muir

HRTOHuman Rights Tribunal of OntarioJan 23, 2015

Third-party news organization ordered to produce video evidence of alleged discrimination incident.

The respondent opposed the request, arguing the material was not relevant.

The Tribunal found the video arguably relevant to the issue in dispute and ordered the third party to produce the requested materials, leaving ultimate admissibility to the hearing adjudicator.

Glanville v. 1212551 Ontario Inc. o/a Tim Hortons, 2015 HRTO 102

David Muir

HRTOHuman Rights Tribunal of OntarioJan 21, 2015

Human rights application against Tribunal adjudicator dismissed for lack of jurisdiction.

The applicant filed an application alleging discrimination and reprisal against a Tribunal adjudicator who had previously dismissed his prior application for delay.

The Tribunal issued a Notice of Intent to Dismiss on the basis that the claim related to the execution of adjudicative duties.

The Tribunal found it plain and obvious that the complaint was an attempt to challenge the content of the prior decision, which falls outside the Tribunal's jurisdiction.

The application was dismissed.

Raba v. Cook, 2015 HRTO 84

David Muir

HRTOHuman Rights Tribunal of OntarioJan 15, 2015

Human rights application dismissed as abandoned after applicant failed to communicate or confirm hearing attendance.

The applicant filed an application alleging discrimination in employment on the basis of disability.

Prior to the scheduled hearing, the applicant's representative requested an adjournment because he was unable to contact the applicant.

The Tribunal denied the adjournment and directed the applicant to confirm her attendance, failing which the application would be dismissed as abandoned.

The applicant failed to communicate with the Tribunal or her representative.

Consequently, the Tribunal cancelled the hearing and dismissed the application as abandoned.

Stacey Lashmar v. 106475 Ontario Inc. o/a Tim Horton’s, 2015 HRTO 55

David Muir

HRTOHuman Rights Tribunal of OntarioJan 12, 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 provide written submissions in response to the Notice by the required deadline.

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

Joanne Desjardins v. St. Francois Residence, Andre Blanchet and Natasha Waugh, 2015 HRTO 39

David Muir

HRTOHuman Rights Tribunal of OntarioJan 8, 2015

Human rights application deferred pending completion of concurrent grievance proceeding.

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

The Tribunal issued a Notice of Intent to Defer the application because a concurrent grievance proceeding related to the same facts and issues was ongoing.

Zealand v. Metro Ontario Inc., 2015 HRTO 27

David Muir

HRTOHuman Rights Tribunal of OntarioDec 23, 2014

Individual respondent removed from human rights application as corporate respondent was vicariously liable.

The respondents requested the removal of the individual respondent, J.C., from an application alleging discrimination in employment on the basis of age and disability.

Finding no compelling reason to keep the individual respondent as a party, the Tribunal granted the request and removed J.C. from the proceeding.

Candice Uniac v. 1390386 Ontario Inc., 2014 HRTO 1823

David Muir

HRTOHuman Rights Tribunal of OntarioDec 18, 2014

Human rights application against union dismissed summarily as union had no independent duty to accommodate.

The Tribunal held a summary hearing to determine if the application against CUPE had a reasonable prospect of success.

The Tribunal also denied the applicant's late request for document production but granted her request to amend the application.

Franca Piluso v. Community Living St. Catharines, Organizational Solutions, Catherine Humphrey and Canadian Union of Public Employees, Local 2276, 2014 HRTO 1798

David Muir

HRTOHuman Rights Tribunal of OntarioDec 16, 2014

Respondent deemed to have accepted human rights allegations after failing to file a Response.

The applicant filed an application alleging discrimination in the provision of goods and services based on sex.

One of the respondents failed to file a Response despite receiving multiple notices and warnings from the Tribunal.

Gosselin v. Rosedale Ladies League, 2014 HRTO 1791

David Muir

HRTOHuman Rights Tribunal of OntarioDec 12, 2014

Incomplete human rights application closed after applicant failed to provide sufficient medical evidence for six-month extension.

The applicant filed a substantially incomplete application with the Human Rights Tribunal of Ontario, essentially submitting a blank form as a placeholder while pursuing other litigation.

He requested a six-month extension to complete the application, citing a disability-related accommodation need.

The application was closed as incomplete.

Mazdak Bandeh Moghadami v. Various Respondents, 2014 HRTO 1783

David Muir

HRTOHuman Rights Tribunal of OntarioDec 8, 2014

Request to amend human rights application to add further particulars granted.

The applicant filed a Request for Order During Proceedings seeking to amend his human rights application, which alleged discrimination in employment on the basis of disability and reprisal.

The respondent did not respond to the request.

Mihai Codrin v. Commissionaires Great Lakes, 2014 HRTO 1762

David Muir

Motion to dismiss human rights application denied; prior Law Society investigation does not preclude civil remedy.

The applicant filed a human rights application alleging sexual harassment, sexual assault, and discriminatory termination by her former employer, a law firm and its partner.

She had also filed a professional misconduct complaint with the Law Society of Upper Canada (LSUC), which was dismissed after investigation for insufficient evidence.

Ormesher v. Schwarz Law LLP, 2014 HRTO 1757

David Muir

Application dismissed for lack of jurisdiction as unpardoned criminal convictions are not protected under the Code.

The applicant filed an application alleging employment discrimination based on the ground of 'record of offences' after being dismissed when his criminal conviction became known to the respondent.

The Tribunal directed the applicant to clarify the basis of his claim, noting the Human Rights Code defines 'record of offences' as requiring a pardon for criminal convictions.

The applicant argued the Code covers anyone convicted of an offence.

James Gardner v. Accounts Recovery Corporation, 2014 HRTO 1755

David Muir