David Muir

HRTOHuman Rights Tribunal of OntarioOct 10, 2014

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

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

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

After the applicant failed to respond to two separate communications from the Tribunal, the application was deemed abandoned and dismissed.

Elysheva Proops v. York Condominium Corporation No. 529, 2014 HRTO 1520

David Muir

HRTOHuman Rights Tribunal of OntarioOct 9, 2014

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

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

The Tribunal issued a Notice of Intent to Dismiss (NOID) as the application appeared to be outside its jurisdiction, directing the applicant to provide written submissions.

After the applicant failed to respond to the initial NOID and a subsequent reminder, the Tribunal deemed the application abandoned and dismissed it.

Michelle Samarco v. Richard Ellison, 2014 HRTO 1515

David Muir

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

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

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

The applicant failed to respond, and the Tribunal's correspondence was returned as undeliverable.

The Tribunal deemed the application abandoned and dismissed it.

Michael Preddie v. The Regional Municipality of Waterloo Police Services Board, 2014 HRTO 1493

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.

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

Garner v. Season Retirement Management Inc., 2014 HRTO 1492

David Muir

HRTOHuman Rights Tribunal of OntarioOct 7, 2014

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

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

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to the Tribunal's directions to clarify his intentions regarding the application.

The Tribunal deemed the application abandoned and dismissed it.

Moore v. Telcon-Datvox Inc., 2014 HRTO 1486

David Muir

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

The applicant filed an application under the Human Rights Code.

The applicant failed to attend a scheduled mediation session and did not communicate with the Tribunal to explain her absence.

After the Tribunal directed the applicant to advise of her intentions and warned that failure to respond might result in abandonment, the applicant did not respond.

The Tribunal deemed the application abandoned and dismissed it.

Sara Valente v. Peel Senior Link, 2014 HRTO 1483

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code against the Landlord and Tenant Board.

The Tribunal issued a Notice of Intent to Dismiss (NOID) twice, directing the applicant to provide written submissions regarding the Tribunal's jurisdiction.

The applicant failed to respond to either notice.

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

Michael Royal v. Landlord and Tenant Board, 2014 HRTO 1477

David Muir

HRTOHuman Rights Tribunal of OntarioOct 3, 2014

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

The applicant filed a human rights application alleging discrimination in employment based on record of offences and reprisal, claiming she was assaulted by a co-worker and separated from them after complaining.

The Tribunal issued a Notice of Intent to Dismiss because the application did not identify any specific acts of discrimination under the Human Rights Code.

The Tribunal found it plain and obvious that the application fell outside its jurisdiction, as the applicant pleaded no facts relating to a record of offences or a reprisal for asserting Code rights.

The application was dismissed.

Distler v. McDonald’s Canada, 2014 HRTO 1475

Alexander Sinclair

In Private Practice3 cases2014–2019

David Muir

HRTOHuman Rights Tribunal of OntarioSep 26, 2014

Human rights application alleging racial and age profiling by police dismissed for no reasonable prospect of success.

The applicant alleged discrimination with respect to services based on colour and age contrary to the Human Rights Code after being detained by police and charged with trespass.

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

The Tribunal found that the police officer's actions were based on a property owner's complaint about two young males entering a wooded area suspected of marijuana cultivation, the applicant's unusual explanation of looking for a Sasquatch, and his use of a rental car, rather than his age or colour.

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

Tim Marczenko v. Durham Regional Police Service and Robert Aukema, 2014 HRTO 1442

Greg Bullen

50 cases2009–2019

David Muir

HRTOHuman Rights Tribunal of OntarioSep 25, 2014

Human rights application dismissed due to delay in seeking reactivation and prior determination at arbitration.

The applicant sought to reactivate her human rights application alleging disability discrimination after her related grievance arbitration concluded and was subsequently quashed on judicial review.

The Tribunal dismissed the request to reactivate because it was filed over six months after the Divisional Court decision, well beyond the 60-day limit in the Tribunal's Rules, and the applicant failed to provide a good faith explanation for the delay.

Furthermore, the Tribunal dismissed the application under section 45.1 of the Human Rights Code, finding that the substance of the allegations had been appropriately dealt with by the arbitrator, who had concurrent jurisdiction and had rejected the claim of Code-based discrimination.

Fenwick v. Workplace Safety and Insurance Board, 2014 HRTO 1435

David Muir

HRTOHuman Rights Tribunal of OntarioSep 24, 2014

Adjournment request denied; change of counsel and need for more time not exceptional circumstances.

The applicant requested an adjournment of the scheduled hearing, arguing that he was unable to properly prepare because his previous counsel had not provided his file to his new counsel, and he needed more time to gather evidence.

The respondent opposed the request.

The Tribunal denied the adjournment, noting that under its Practice Direction, requests made outside the initial 14-day period require extraordinary circumstances.

The Tribunal found that the reasons cited did not constitute an exceptional circumstance.

Raymond Clarke v. Kingdom Hotel Toronto Ltd., 2014 HRTO 1428

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

The applicant filed a human rights application alleging discrimination with respect to goods, services, and facilities because of disability, claiming the process of receiving long-term disability benefits was prolonged.

The respondents sought early dismissal under section 45.1 of the Human Rights Code.

A summary hearing was scheduled by telephone conference.

The applicant failed to attend the hearing or communicate with the Tribunal.

Consequently, the application was dismissed as abandoned.

Maika v. Ministry of Government Services and Manulife Financial Group Health Benefits, 2014 HRTO 1418

David Muir

HRTOHuman Rights Tribunal of OntarioSep 16, 2014

Request for reconsideration of decision dismissing late application denied.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application for being filed almost four years late.

The applicant argued the decision conflicted with established jurisprudence and that other factors outweighed the public interest in finality.

The Tribunal found the applicant was attempting to re-argue his case and failed to establish any conflict with jurisprudence or other compelling factors.

The request for reconsideration was denied.

Bogdan Koscik v. Lakeridge Health Corporation, 2014 HRTO 1373

David Muir

HRTOHuman Rights Tribunal of OntarioSep 15, 2014

Human rights application dismissed as an abuse of process by a vexatious litigant.

The applicant, who had previously been declared a vexatious litigant, filed an application alleging discrimination by the Human Rights Tribunal of Ontario regarding its handling of his complaint about a prior decision.

The Tribunal directed the applicant to provide submissions justifying the processing of the application, as required by the prior vexatious litigant order.

The applicant failed to provide responsive submissions.

The Tribunal dismissed the application, finding that the applicant did not satisfy the requirement to show the application was a legitimate assertion of his Code rights and not an abuse of process.

Furthermore, the Tribunal found it plain and obvious that the application could not succeed, as it lacked facts linking the alleged treatment to any protected grounds.

Alexandre Papouchine v. Human Rights Tribunal of Ontario, 2014 HRTO 1366

David Muir

HRTOHuman Rights Tribunal of OntarioSep 12, 2014

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

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

The Tribunal deferred the application pending the conclusion of an ongoing Ministry of Labour proceeding.

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

The applicant did not respond, while the respondent indicated a settlement had been reached in the other proceeding.

The Tribunal deemed the application abandoned and dismissed it.

Cheryl Langille v. Bright Star Clinics and Tiffany Taseviski, 2014 HRTO 1354

David Muir

HRTOHuman Rights Tribunal of OntarioSep 9, 2014

Tribunal ordered partial document production from both parties in a student's human rights discrimination complaint.

The applicant, a student, filed a human rights complaint alleging discrimination based on disability, ethnic origin, and age by the respondent private school.

Both parties filed Requests for Order During Proceeding seeking document production.

The Tribunal ordered the respondent to produce relevant internal emails, curriculum materials, and redacted grade books, while denying requests for irrelevant documents such as the school's incorporation documents and staff qualifications.

The Tribunal also ordered the applicant to produce notes and assessment reports from a speech-language pathologist who tutored the applicant.

R.K.K. v. Crestwood School, 2014 HRTO 1329

David Muir

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

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

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

After the applicant failed to respond to the NOID and a subsequent direction from the Tribunal, the application was deemed abandoned and dismissed.

Ramesh Solanki v. Ontario Power Generation, 2014 HRTO 1322

David Muir

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

The applicant filed an application under the Human Rights Code.

The respondent requested that the application be dismissed or deferred, arguing its substance had been dealt with in another proceeding.

The Tribunal directed the applicant to file a Reply addressing these issues, warning that failure to do so could result in the application being deemed abandoned.

After the applicant failed to respond to multiple directions and a Request for Summary Hearing, the Tribunal found the application abandoned and dismissed it.

Stephanie LePard v. Ajax Municipal Housing Corporation, 2014 HRTO 1320

David Muir

HRTOHuman Rights Tribunal of OntarioSep 4, 2014

Human rights application alleging online margin trading discriminated against gambling addict dismissed at summary hearing.

The applicant, who alleged he has a gambling dependency, filed a human rights application claiming that the respondents' online brokerage services discriminated against him by allowing margin trading, which encouraged him to gamble.

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

The Tribunal dismissed the application, finding no allegations of discrimination against one respondent and no evidence that the applicant had ever informed the other respondent of his disability or made a Code-based request for accommodation.

Mitchell v. Questrade Inc., 2014 HRTO 1308

Jeffrey Nicholson

2 cases2013–2014

David Muir

HRTOHuman Rights Tribunal of OntarioSep 2, 2014

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 the provision of goods and services.

A summary hearing was scheduled 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 despite receiving notice.

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

Evette Forde v. Canadian Business School Inc. o/a Canadian Business College, 2014 HRTO 1292

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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

Lori PatykCounsel
1 appearance
Jessica FioreCounsel
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
Cathy PikeCounsel
2 appearances
Louis SokolovCounsel
2 appearances
Quadira JacksonCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Paul O’RyanCounsel
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
Vivian BercoviciCounsel
1 appearance
Kerri KitchenCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance
Jeffrey NicholsonCounsel
1 appearance
Civity GauleyCounsel
1 appearance

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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
U-Sheak KoromaAgent
2 appearances
Joseph N. TasconaCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Patricia G. MurrayCounsel
2 appearances
Melanie Borowicz-SibenikCounsel
1 appearance
Katherine PollockCounsel
1 appearance
Steve WilliamsCounsel
1 appearance
Meredith GaydaCounsel
1 appearance
Paula M. RusakCounsel
1 appearance
Stephen ShortCounsel
1 appearance
Sheryl L. JohnsonCounsel
1 appearance
Michelle AltonCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance
Craig R. ColraineCounsel
1 appearance
David PatacairkCounsel
1 appearance
Wendy LopezCounsel
1 appearance

for the Respondents 2333508 Ontario Inc. o.a. McArthur & Lafontaine Freshco and Eric Ala-Kanti

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

for the Respondents Communications, Energy and Paperworkers Union of Canada, Local 1701 and Rob Gardner

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

for the Respondents Gail Shields, Paul Clarke, Arleen Duffy and Ralph Lyon

Naomi CallaCounsel
1 appearance

for the Respondents Greater Essex County District School Board, Mary Gallagher, Heather Liffiton, Bob Garrett, and Diane Beck

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

for the Respondents Ontario Secondary School Teachers’ Federation, District 9, Sandra Sahli, Pat Pajot and Geoff Delaplanque

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

for the Respondent Swiss Chalet Restaurant o/a Eagle Rock Hospitality

Andy BalauraCounsel
1 appearance

for the Respondent, The Governing Council of the Salvation Army in Canada

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

Andrea DonevanCounsel
1 appearance
Antonella CeddiaCounsel
1 appearance

for the Respondent United Food and Commercial Workers International Union, Local 333

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

for The Salvation Army – Ontario General East and Salvation Army – Territorial Headquarters

Christine LeblancCounsel
1 appearance
Andy PushalikCounsel
1 appearance

for the Social Benefits Tribunal and Social Justice Tribunals of Ontario

Asad MotenCounsel
1 appearance

for the TPA respondents

Caroline v. (Nini) JonesCounsel
1 appearance

for the TPSB respondents

Omo AkintanCounsel
1 appearance

for the TPSOA respondents

Ian RolandCounsel
1 appearance

for the United Food and Commercial Workers Union, Local 175

Sandra ColeAgent
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for Toronto District School Board

Glorie AlfredCounsel
1 appearance

for Traders General Insurance Company

Mark DonaldsonCounsel
1 appearance

for University Health Network

Jacqueline SilveraAgent
1 appearance

for Waste Management of Canada Corporation

Seann D. McAleeseCounsel
1 appearance

for Wawanesa Mutual Insurance Company

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

Melanie MalachCounsel
1 appearance
Jennifer GuthCounsel
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
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

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

HRTOHuman Rights Tribunal of OntarioOct 10, 2014

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

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

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

After the applicant failed to respond to two separate communications from the Tribunal, the application was deemed abandoned and dismissed.

Elysheva Proops v. York Condominium Corporation No. 529, 2014 HRTO 1520

David Muir

HRTOHuman Rights Tribunal of OntarioOct 9, 2014

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

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

The Tribunal issued a Notice of Intent to Dismiss (NOID) as the application appeared to be outside its jurisdiction, directing the applicant to provide written submissions.

After the applicant failed to respond to the initial NOID and a subsequent reminder, the Tribunal deemed the application abandoned and dismissed it.

Michelle Samarco v. Richard Ellison, 2014 HRTO 1515

David Muir

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

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

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

The applicant failed to respond, and the Tribunal's correspondence was returned as undeliverable.

The Tribunal deemed the application abandoned and dismissed it.

Michael Preddie v. The Regional Municipality of Waterloo Police Services Board, 2014 HRTO 1493

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.

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

Garner v. Season Retirement Management Inc., 2014 HRTO 1492

David Muir

HRTOHuman Rights Tribunal of OntarioOct 7, 2014

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

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

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to the Tribunal's directions to clarify his intentions regarding the application.

The Tribunal deemed the application abandoned and dismissed it.

Moore v. Telcon-Datvox Inc., 2014 HRTO 1486

David Muir

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

The applicant filed an application under the Human Rights Code.

The applicant failed to attend a scheduled mediation session and did not communicate with the Tribunal to explain her absence.

After the Tribunal directed the applicant to advise of her intentions and warned that failure to respond might result in abandonment, the applicant did not respond.

The Tribunal deemed the application abandoned and dismissed it.

Sara Valente v. Peel Senior Link, 2014 HRTO 1483

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code against the Landlord and Tenant Board.

The Tribunal issued a Notice of Intent to Dismiss (NOID) twice, directing the applicant to provide written submissions regarding the Tribunal's jurisdiction.

The applicant failed to respond to either notice.

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

Michael Royal v. Landlord and Tenant Board, 2014 HRTO 1477

David Muir

HRTOHuman Rights Tribunal of OntarioOct 3, 2014

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

The Tribunal issued a Notice of Intent to Dismiss because the application did not identify any specific acts of discrimination under the Human Rights Code.

The Tribunal found it plain and obvious that the application fell outside its jurisdiction, as the applicant pleaded no facts relating to a record of offences or a reprisal for asserting Code rights.

The application was dismissed.

Distler v. McDonald’s Canada, 2014 HRTO 1475

Alexander Sinclair

In Private Practice3 cases2014–2019

David Muir

HRTOHuman Rights Tribunal of OntarioSep 26, 2014

Human rights application alleging racial and age profiling by police dismissed for no reasonable prospect of success.

The applicant alleged discrimination with respect to services based on colour and age contrary to the Human Rights Code after being detained by police and charged with trespass.

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

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

Tim Marczenko v. Durham Regional Police Service and Robert Aukema, 2014 HRTO 1442

Greg Bullen

50 cases2009–2019

David Muir

HRTOHuman Rights Tribunal of OntarioSep 25, 2014

Human rights application dismissed due to delay in seeking reactivation and prior determination at arbitration.

The applicant sought to reactivate her human rights application alleging disability discrimination after her related grievance arbitration concluded and was subsequently quashed on judicial review.

Fenwick v. Workplace Safety and Insurance Board, 2014 HRTO 1435

David Muir

HRTOHuman Rights Tribunal of OntarioSep 24, 2014

Adjournment request denied; change of counsel and need for more time not exceptional circumstances.

The respondent opposed the request.

The Tribunal denied the adjournment, noting that under its Practice Direction, requests made outside the initial 14-day period require extraordinary circumstances.

The Tribunal found that the reasons cited did not constitute an exceptional circumstance.

Raymond Clarke v. Kingdom Hotel Toronto Ltd., 2014 HRTO 1428

Sophia Zaidi

Practising Law - Employed15 cases2011–2026

Lisa Compagnone

Practising Law - Employed69 cases2000–2026

David Muir

HRTOHuman Rights Tribunal of OntarioSep 24, 2014

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

The respondents sought early dismissal under section 45.1 of the Human Rights Code.

A summary hearing was scheduled by telephone conference.

The applicant failed to attend the hearing or communicate with the Tribunal.

Consequently, the application was dismissed as abandoned.

Maika v. Ministry of Government Services and Manulife Financial Group Health Benefits, 2014 HRTO 1418

David Muir

HRTOHuman Rights Tribunal of OntarioSep 16, 2014

Request for reconsideration of decision dismissing late application denied.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application for being filed almost four years late.

The applicant argued the decision conflicted with established jurisprudence and that other factors outweighed the public interest in finality.

The Tribunal found the applicant was attempting to re-argue his case and failed to establish any conflict with jurisprudence or other compelling factors.

The request for reconsideration was denied.

Bogdan Koscik v. Lakeridge Health Corporation, 2014 HRTO 1373

David Muir

HRTOHuman Rights Tribunal of OntarioSep 15, 2014

Human rights application dismissed as an abuse of process by a vexatious litigant.

The Tribunal directed the applicant to provide submissions justifying the processing of the application, as required by the prior vexatious litigant order.

The applicant failed to provide responsive submissions.

The Tribunal dismissed the application, finding that the applicant did not satisfy the requirement to show the application was a legitimate assertion of his Code rights and not an abuse of process.

Furthermore, the Tribunal found it plain and obvious that the application could not succeed, as it lacked facts linking the alleged treatment to any protected grounds.

Alexandre Papouchine v. Human Rights Tribunal of Ontario, 2014 HRTO 1366

David Muir

HRTOHuman Rights Tribunal of OntarioSep 12, 2014

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

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

The Tribunal deferred the application pending the conclusion of an ongoing Ministry of Labour proceeding.

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

The applicant did not respond, while the respondent indicated a settlement had been reached in the other proceeding.

The Tribunal deemed the application abandoned and dismissed it.

Cheryl Langille v. Bright Star Clinics and Tiffany Taseviski, 2014 HRTO 1354

David Muir

HRTOHuman Rights Tribunal of OntarioSep 9, 2014

Tribunal ordered partial document production from both parties in a student's human rights discrimination complaint.

The applicant, a student, filed a human rights complaint alleging discrimination based on disability, ethnic origin, and age by the respondent private school.

Both parties filed Requests for Order During Proceeding seeking document production.

The Tribunal also ordered the applicant to produce notes and assessment reports from a speech-language pathologist who tutored the applicant.

R.K.K. v. Crestwood School, 2014 HRTO 1329

David Muir

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

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

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

After the applicant failed to respond to the NOID and a subsequent direction from the Tribunal, the application was deemed abandoned and dismissed.

Ramesh Solanki v. Ontario Power Generation, 2014 HRTO 1322

David Muir

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

The applicant filed an application under the Human Rights Code.

The respondent requested that the application be dismissed or deferred, arguing its substance had been dealt with in another proceeding.

The Tribunal directed the applicant to file a Reply addressing these issues, warning that failure to do so could result in the application being deemed abandoned.

After the applicant failed to respond to multiple directions and a Request for Summary Hearing, the Tribunal found the application abandoned and dismissed it.

Stephanie LePard v. Ajax Municipal Housing Corporation, 2014 HRTO 1320

David Muir

HRTOHuman Rights Tribunal of OntarioSep 4, 2014

Human rights application alleging online margin trading discriminated against gambling addict dismissed at summary hearing.

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

Mitchell v. Questrade Inc., 2014 HRTO 1308

Jeffrey Nicholson

2 cases2013–2014

David Muir