David Muir

Human rights applications dismissed; casino's 24-hour expulsion of patrons was based on aggressive behaviour, not discrimination.

The applicants, a family of Chinese descent, alleged discrimination on the basis of race, colour, ethnic origin, age, and disability after they were expelled from the respondent's casino for 24 hours following a dispute over a slot machine.

The Tribunal reviewed video surveillance of the incident and found that the applicant was the aggressor in a physical altercation with another patron.

The Tribunal concluded that the respondent had a reasonable, non-discriminatory explanation for the expulsion and that there was no evidence to support the inference that the decision was influenced by any prohibited grounds.

The applications were dismissed.

Jin v. Great Blue Heron Charity Casino, 2014 HRTO 1735

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 respond to the Notice by the required deadline.

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

Johnathan Hennessey v. Bestseller Retail Canada Inc., 2014 HRTO 1732

David Muir

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

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

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

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

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

Terrilynn Lacy v. Dr. James Gerrow, 2014 HRTO 1730

David Muir

HRTOHuman Rights Tribunal of OntarioNov 28, 2014

Unopposed request to amend human rights application to add ground of reprisal granted.

The applicant filed a Request for Order During Proceeding to amend his human rights application to add the ground of reprisal based on facts already pleaded.

The respondent did not respond to the request.

The Tribunal granted the request, finding that the amendment would not alter the nature of the hearing in any material way.

Andrew Johnson v. Allied Properties Inc., 2014 HRTO 1723

David Muir

HRTOHuman Rights Tribunal of OntarioNov 27, 2014

Human rights application dismissed for abandonment after applicant failed to respond to Tribunal communications.

The applicant filed an application under section 34 of the Human Rights Code, which was deferred pending the conclusion of another proceeding.

The Tribunal subsequently directed the applicant to provide a status update on the other proceeding, warning that failure to respond could result in dismissal for abandonment.

The applicant failed to respond to the Tribunal's direction and a subsequent inquiry from the respondent.

The Tribunal deemed the application abandoned and dismissed it.

Kevin McIntosh v. Shred-it, 2014 HRTO 1714

David Muir

Human rights application dismissed as abandoned and for being filed beyond the one-year limitation period.

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

The respondent requested dismissal because the application was filed beyond the one-year limitation period under section 34 of the Human Rights Code.

The applicant failed to file a Reply addressing the delay issue despite being granted an extension.

The Tribunal dismissed the application as abandoned and, alternatively, for being filed out of time without a good faith explanation for the delay.

Legace v. CS Wind Canada Inc., 2014 HRTO 1703

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 respond to the Notice or communicate with the Tribunal.

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

Huxter v. Bell Canada Cable Division, 2014 HRTO 1701

Luke Saites

11 cases2009–2017

Cory Wanless

8 cases2013–2025

David Muir

HRTOHuman Rights Tribunal of OntarioNov 21, 2014

Human rights application alleging racial discrimination by housing co-operative dismissed for no reasonable prospect of success.

The applicant, a resident of a housing co-operative, alleged discrimination on the basis of race, colour, ancestry, place of origin, and receipt of public assistance, claiming the respondents used another member to harass her and issued unwarranted eviction notices.

The respondents requested a summary hearing to dismiss the application.

The Tribunal found no evidence linking the respondents' actions to the applicant's race and determined that most of the allegations were out of time.

The application was dismissed for having no reasonable prospect of success.

Luliwa v. Margaret Laurence Housing Co-operative Inc., 2014 HRTO 1684

David Muir

HRTOHuman Rights Tribunal of OntarioNov 6, 2014

Tribunal awards lost wages and $12,500 in general damages for discriminatory failure to recall injured employee.

The applicant, a seasonal housekeeper at a hunting lodge, suffered a workplace injury and received WSIB benefits.

When she was cleared to return to work, the respondents failed to return her calls or schedule her for work, while simultaneously informing WSIB and Service Canada that she would not be returning.

The Tribunal found that the respondents discriminated against the applicant on the basis of disability or perceived disability, inferring that her WSIB claim was a factor in their decision not to return her to work.

The respondents, who did not participate in the hearing, were ordered to pay lost wages and $12,500 for injury to dignity, feelings, and self-respect.

Tammy Pelletier v. Andy Myers Lodge and Julien Kalka, 2014 HRTO 1633

Roger Mills

22 cases1995–2017

David Muir

HRTOHuman Rights Tribunal of OntarioNov 5, 2014

Age discrimination application dismissed for lack of jurisdiction because applicant was under 18.

The applicant, who was 17 years old at the time of the material events, filed an application alleging discrimination in the provision of goods and services because of age after being denied admission to the respondent's school.

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

The Tribunal dismissed the application for lack of jurisdiction, noting that section 10(1) of the Human Rights Code defines 'age' as 18 years or more, and there was no constitutional challenge to this definition.

Dominic Marrocco v. Ottawa-Carlton District School Board and Marilyn Engelbert, 2014 HRTO 1626

Joanne Seamon

2 cases2010–2014

David Muir

HRTOHuman Rights Tribunal of OntarioNov 4, 2014

Tribunal adds third-party contractor as respondent and refuses to remove individual respondent at preliminary stage.

The applicant alleged employment discrimination based on disability.

The individual respondent requested to be removed from the application, arguing he was not an employee of the respondent employer but rather of a third-party contractor.

The applicant subsequently requested to add the third-party contractor as a respondent.

The Tribunal denied the request to remove the individual respondent, finding it premature to determine agency or liability, but granted the request to add the third-party contractor as a respondent.

Tracy Cronsberry v. Revera Long Term Care, 2014 HRTO 1623

David Muir

HRTOHuman Rights Tribunal of OntarioOct 28, 2014

Reconsideration request denied as applicant failed to meet threshold criteria.

The applicant requested reconsideration of a decision denying him leave to file an application against the Human Rights Tribunal of Ontario.

The applicant argued the decision was unjust because his submissions from a Request for Order During Proceedings were allegedly not considered.

The Tribunal found that the submissions had been reviewed and considered in the original decision, and the applicant failed to meet the threshold criteria for reconsideration.

The request for reconsideration was denied.

Alexandre Papouchine v. Human Rights Tribunal of Ontario, 2014 HRTO 1588

Robert H. Littlejohn

15 cases1999–2020

David Muir

HRTOHuman Rights Tribunal of OntarioOct 27, 2014

Adjournment request denied as premature and speculative.

The applicant requested an adjournment of the scheduled hearing, arguing that he would not receive necessary medical and payroll documents in time.

The respondent opposed the request, asserting that the medical issues were irrelevant as the dismissal was for economic reasons.

The Tribunal denied the adjournment request, finding it premature and speculative, and noted that document production delays could be addressed through other means such as allowing late production.

Pfohl v. 1430819 Ontario Limited o/a OMS Express, 2014 HRTO 1578

David Muir

HRTOHuman Rights Tribunal of OntarioOct 22, 2014

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

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

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

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

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

Subrahmanyam Pilaka Venkata v. Intelligence, 2014 HRTO 1565

David Muir

HRTOHuman Rights Tribunal of OntarioOct 16, 2014

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

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

The respondent failed to file a response despite being granted multiple extensions and being warned of the consequences.

The Tribunal ordered that the respondent is deemed to have accepted all allegations in the application and waived all rights to notice or participation in the proceedings.

A case management conference call was scheduled to determine next steps.

Warner v. Regional Municipality of Peel, 2014 HRTO 1544

David Muir

Human rights application deferred pending conclusion of concurrent grievance arbitration on same facts.

The applicant filed a human rights application alleging discrimination in employment based on disability, record of offences, and reprisal.

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

Despite the applicant's opposition, the Tribunal deferred the application, noting the substantial overlap in facts and issues and the principle of avoiding different conclusions in concurrent proceedings.

Norman Larocque v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Health et al., 2014 HRTO 1528

David Muir

In Private Practice371 cases2009–2026

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.

Brown v. Best Friends Pet Centre, 2014 HRTO 1526

Julie Maciura

David Muir

Human rights application dismissed summarily as applicant conceded unfair treatment was unrelated to protected grounds.

The applicant alleged discrimination with respect to employment because of family status after her licence was suspended following a random audit by the respondent College.

At a summary hearing, the applicant conceded that her claim of unfair treatment had no connection to her family status or any other protected ground under the Human Rights Code.

The Tribunal dismissed the application as having no reasonable prospect of success because there were no allegations of discrimination under the Code.

Norma Lowe Klein v. College of Dental Hygienists of Ontario, 2014 HRTO 1525

Sidney Klotz

22 cases2008–2019

David Muir

Employment and Labour Law

Landlord ordered to pay $1,000 for creating a poisoned environment through sexualized comments about tenants.

The applicant alleged that her landlord discriminated against her in housing accommodation on the basis of sex and receipt of public assistance, and engaged in reprisal.

The Tribunal found that the landlord made inappropriate, sexualized comments comparing the breast sizes of the applicant and her daughter to the building superintendent, who then repeated them to the applicant.

The Tribunal held that these comments created a poisoned environment for the applicant in her home.

The reprisal allegations were dismissed as the landlord's actions either predated his knowledge of the application or were not proven to be retaliatory.

The application was allowed in part, and the landlord was ordered to pay $1,000 in compensation for injury to dignity, feelings, and self-respect.

Schuller v. Parlee, 2014 HRTO 1524

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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

Susan Smith

In Private Practice18 cases2010–2026

Judith Stoffman

1 case2014–2014

David Muir

HRTOHuman Rights Tribunal of OntarioDec 2, 2014

Human rights applications dismissed as abandoned after applicants abruptly left the summary hearing teleconference.

The applicants filed human rights applications alleging discrimination with respect to services by the respondents.

A summary hearing was convened by teleconference to determine if the applications had no reasonable prospect of success.

The second applicant then left the call without explanation.

After waiting 15 minutes, the adjudicator reconvened the hearing and dismissed the applications as abandoned.

Rizzo v. Guelph (City), 2014 HRTO 1737

Ramon J. Andal

1 case2014–2014

David Muir

Human rights applications dismissed; casino's 24-hour expulsion of patrons was based on aggressive behaviour, not discrimination.

The Tribunal reviewed video surveillance of the incident and found that the applicant was the aggressor in a physical altercation with another patron.

The applications were dismissed.

Jin v. Great Blue Heron Charity Casino, 2014 HRTO 1735

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 respond to the Notice by the required deadline.

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

Johnathan Hennessey v. Bestseller Retail Canada Inc., 2014 HRTO 1732

David Muir

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

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

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

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

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

Terrilynn Lacy v. Dr. James Gerrow, 2014 HRTO 1730

David Muir

HRTOHuman Rights Tribunal of OntarioNov 28, 2014

Unopposed request to amend human rights application to add ground of reprisal granted.

The applicant filed a Request for Order During Proceeding to amend his human rights application to add the ground of reprisal based on facts already pleaded.

The respondent did not respond to the request.

The Tribunal granted the request, finding that the amendment would not alter the nature of the hearing in any material way.

Andrew Johnson v. Allied Properties Inc., 2014 HRTO 1723

David Muir

HRTOHuman Rights Tribunal of OntarioNov 27, 2014

Human rights application dismissed for abandonment after applicant failed to respond to Tribunal communications.

The applicant filed an application under section 34 of the Human Rights Code, which was deferred pending the conclusion of another proceeding.

The Tribunal subsequently directed the applicant to provide a status update on the other proceeding, warning that failure to respond could result in dismissal for abandonment.

The applicant failed to respond to the Tribunal's direction and a subsequent inquiry from the respondent.

The Tribunal deemed the application abandoned and dismissed it.

Kevin McIntosh v. Shred-it, 2014 HRTO 1714

David Muir

Human rights application dismissed as abandoned and for being filed beyond the one-year limitation period.

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

The respondent requested dismissal because the application was filed beyond the one-year limitation period under section 34 of the Human Rights Code.

The applicant failed to file a Reply addressing the delay issue despite being granted an extension.

The Tribunal dismissed the application as abandoned and, alternatively, for being filed out of time without a good faith explanation for the delay.

Legace v. CS Wind Canada Inc., 2014 HRTO 1703

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 respond to the Notice or communicate with the Tribunal.

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

Huxter v. Bell Canada Cable Division, 2014 HRTO 1701

Luke Saites

11 cases2009–2017

Cory Wanless

8 cases2013–2025

David Muir

HRTOHuman Rights Tribunal of OntarioNov 21, 2014

Human rights application alleging racial discrimination by housing co-operative dismissed for no reasonable prospect of success.

The respondents requested a summary hearing to dismiss the application.

The Tribunal found no evidence linking the respondents' actions to the applicant's race and determined that most of the allegations were out of time.

The application was dismissed for having no reasonable prospect of success.

Luliwa v. Margaret Laurence Housing Co-operative Inc., 2014 HRTO 1684

David Muir

HRTOHuman Rights Tribunal of OntarioNov 6, 2014

Tribunal awards lost wages and $12,500 in general damages for discriminatory failure to recall injured employee.

The applicant, a seasonal housekeeper at a hunting lodge, suffered a workplace injury and received WSIB benefits.

When she was cleared to return to work, the respondents failed to return her calls or schedule her for work, while simultaneously informing WSIB and Service Canada that she would not be returning.

The respondents, who did not participate in the hearing, were ordered to pay lost wages and $12,500 for injury to dignity, feelings, and self-respect.

Tammy Pelletier v. Andy Myers Lodge and Julien Kalka, 2014 HRTO 1633

Roger Mills

22 cases1995–2017

David Muir

HRTOHuman Rights Tribunal of OntarioNov 5, 2014

Age discrimination application dismissed for lack of jurisdiction because applicant was under 18.

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

Dominic Marrocco v. Ottawa-Carlton District School Board and Marilyn Engelbert, 2014 HRTO 1626

Joanne Seamon

2 cases2010–2014

David Muir

HRTOHuman Rights Tribunal of OntarioNov 4, 2014

Tribunal adds third-party contractor as respondent and refuses to remove individual respondent at preliminary stage.

The applicant alleged employment discrimination based on disability.

The individual respondent requested to be removed from the application, arguing he was not an employee of the respondent employer but rather of a third-party contractor.

The applicant subsequently requested to add the third-party contractor as a respondent.

The Tribunal denied the request to remove the individual respondent, finding it premature to determine agency or liability, but granted the request to add the third-party contractor as a respondent.

Tracy Cronsberry v. Revera Long Term Care, 2014 HRTO 1623

David Muir

HRTOHuman Rights Tribunal of OntarioOct 28, 2014

Reconsideration request denied as applicant failed to meet threshold criteria.

The applicant requested reconsideration of a decision denying him leave to file an application against the Human Rights Tribunal of Ontario.

The applicant argued the decision was unjust because his submissions from a Request for Order During Proceedings were allegedly not considered.

The Tribunal found that the submissions had been reviewed and considered in the original decision, and the applicant failed to meet the threshold criteria for reconsideration.

The request for reconsideration was denied.

Alexandre Papouchine v. Human Rights Tribunal of Ontario, 2014 HRTO 1588

Robert H. Littlejohn

15 cases1999–2020

David Muir

HRTOHuman Rights Tribunal of OntarioOct 27, 2014

Adjournment request denied as premature and speculative.

The applicant requested an adjournment of the scheduled hearing, arguing that he would not receive necessary medical and payroll documents in time.

The respondent opposed the request, asserting that the medical issues were irrelevant as the dismissal was for economic reasons.

The Tribunal denied the adjournment request, finding it premature and speculative, and noted that document production delays could be addressed through other means such as allowing late production.

Pfohl v. 1430819 Ontario Limited o/a OMS Express, 2014 HRTO 1578

David Muir

HRTOHuman Rights Tribunal of OntarioOct 22, 2014

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

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

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

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

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

Subrahmanyam Pilaka Venkata v. Intelligence, 2014 HRTO 1565

David Muir

HRTOHuman Rights Tribunal of OntarioOct 16, 2014

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

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

The respondent failed to file a response despite being granted multiple extensions and being warned of the consequences.

The Tribunal ordered that the respondent is deemed to have accepted all allegations in the application and waived all rights to notice or participation in the proceedings.

A case management conference call was scheduled to determine next steps.

Warner v. Regional Municipality of Peel, 2014 HRTO 1544

David Muir

Human rights application deferred pending conclusion of concurrent grievance arbitration on same facts.

The applicant filed a human rights application alleging discrimination in employment based on disability, record of offences, and reprisal.

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

Norman Larocque v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Health et al., 2014 HRTO 1528

David Muir

In Private Practice371 cases2009–2026

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.

Brown v. Best Friends Pet Centre, 2014 HRTO 1526

Julie Maciura

David Muir

Human rights application dismissed summarily as applicant conceded unfair treatment was unrelated to protected grounds.

The applicant alleged discrimination with respect to employment because of family status after her licence was suspended following a random audit by the respondent College.

At a summary hearing, the applicant conceded that her claim of unfair treatment had no connection to her family status or any other protected ground under the Human Rights Code.

The Tribunal dismissed the application as having no reasonable prospect of success because there were no allegations of discrimination under the Code.

Norma Lowe Klein v. College of Dental Hygienists of Ontario, 2014 HRTO 1525

Sidney Klotz

22 cases2008–2019

David Muir