David Muir

HRTOHuman Rights Tribunal of OntarioAug 8, 2014

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

The respondent filed a Request for Order During Proceedings seeking the dismissal of the application for lack of jurisdiction.

The applicant did not respond to the Request.

The Tribunal directed the applicant to respond and warned that failure to do so would result in the application being dismissed as abandoned.

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

Consequently, the application was deemed abandoned and dismissed.

Collins Charlery v. Servisair Inc., 2014 HRTO 1192

David Muir

HRTOHuman Rights Tribunal of OntarioAug 7, 2014

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

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

The Tribunal subsequently directed the applicant to provide an update on the status of the other proceeding, warning that failure to respond could result in the application being dismissed as abandoned.

The applicant failed to respond to the Tribunal's direction or to the respondent's subsequent request for dismissal.

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

Martha Parrales v. Vipond Inc, 2014 HRTO 1175

Human rights application deferred pending the conclusion of a concurrent grievance arbitration.

The applicant filed an application alleging discrimination in employment on the basis of sex and reprisal.

The Tribunal issued a Notice of Intent to Defer the application because the underlying facts were also the subject of an ongoing grievance arbitration.

The respondent supported deferral, while the applicant opposed it.

The Tribunal found that the issues raised in the grievance overlapped significantly with those in the application.

Applying its general approach to concurrent proceedings, the Tribunal deferred the application pending the conclusion of the grievance process.

Shelly Reid-Barton v. City of Greater Sudbury, 2014 HRTO 1174

Patricia Murray

26 cases1997–2017

David Muir

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

The applicant, a Black male, alleged discrimination and reprisal by the respondent police services board and officers, claiming he was racially profiled during a homicide investigation.

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

The Tribunal found no evidence linking the police's actions, including obtaining a search warrant after the applicant ceased cooperating, to his race.

The reprisal claim was also dismissed as the applicant had not asserted any Code rights prior to the alleged reprisal.

The application was dismissed.

Dwight Grange v. The Regional Municipality of Peel Police Services Board, 2014 HRTO 1171

David Muir

Human rights application dismissed as out of time with no good faith explanation for delay.

The applicant filed a human rights application alleging age discrimination almost four years after his dismissal from employment.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be outside the one-year limitation period under section 34 of the Human Rights Code.

The applicant claimed he was ill, but the Tribunal noted he had pursued several other legal proceedings during the delay period.

Finding no good faith explanation for the delay, the Tribunal dismissed the application as out of time.

Bogdan Koscik v. Lakeridge Health Corporation, 2014 HRTO 1170

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code against the Canada Passport Office.

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 deadline.

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

Cathie Ahokangas v. Canada Passport Office, 2014 HRTO 1169

David Muir

HRTOHuman Rights Tribunal of OntarioAug 5, 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 (NOID) because the application appeared to be outside its jurisdiction.

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

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

Dennis Busch v. Bullstock Bullmastiffs, 2014 HRTO 1151

Timothy Gindi

Practising Law - Employed20 cases2014–2026

David Muir

Human rights application dismissed because applicant commenced a civil action seeking damages for the same allegations.

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

The applicant also commenced a civil action for wrongful dismissal seeking damages for the same alleged Human Rights Code violations.

The Tribunal issued a Notice of Intent to Dismiss the application under section 34(11) of the Code, which prohibits an application if a civil proceeding seeking a remedy for the same alleged infringement has been commenced and not withdrawn.

The applicant did not respond to the Notice.

The Tribunal dismissed the application.

Toker v. 1044765 Ontario Inc., 2014 HRTO 1159

David Muir

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

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

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

After the applicant failed to respond to a subsequent Tribunal direction warning that her application might be deemed abandoned, the Tribunal deemed the application abandoned and dismissed it.

Sara Pattenaude v. Dr. Bruce Fletcher, 2014 HRTO 1157

David Muir

Not Practising Law1 case2014–2014

Respondent ordered to produce arguably relevant documents within 7 days or face evidentiary sanctions.

The applicant filed a Request for Order During Proceeding seeking the production of documents from the respondent in a human rights application alleging discrimination on the basis of disability.

The applicant asserted that the respondent failed to comply with Rule 16 of the Tribunal's Rules of Procedure, which requires the delivery of all arguably relevant documents.

The Tribunal granted the request and ordered the respondent to immediately deliver the required materials within 7 days, warning that failure to do so could result in the respondent being barred from relying on documents or calling witnesses at the hearing.

Austin v. Americana Resort Inc., 2014 HRTO 1153

Martin Rabinovitch

Kiran Kang

3 cases2014–2024

John No

8 cases2009–2019

David Muir

Human rights application not time-barred; limitation period runs from effective date of termination, not notice date.

The respondent requested that the human rights application be dismissed for delay, arguing it was filed beyond the one-year time limit under s. 34 of the Human Rights Code.

The applicant received notice of termination on November 2 or 5, 2012, effective November 9, 2012, and filed the application on November 6, 2013.

The Tribunal held that the final act of discrimination in a dismissal is the effective date of termination, not the date notice is received.

Therefore, the application was filed within the one-year time limit and the respondent's request was denied.

Dahir v. Corvin Building Maintenance Ltd., 2014 HRTO 1149

David Muir

Request to reactivate deferred application dismissed due to unexplained 10-month delay.

The applicant filed a request to reactivate her human rights application, which had been deferred pending the resolution of an Employment Standards Act proceeding.

The ESA proceeding concluded in July 2013, but the applicant did not request reactivation until May 2014, well beyond the 60-day limit under the Tribunal's Rules of Procedure.

The Tribunal found that the applicant failed to provide a good faith explanation for the delay, noting that ignorance of the impact of the ESA settlement did not justify the failure to act.

The request to reactivate was denied and the application was dismissed.

Ekatrini Allagas v. Plato Adult Education Centre and Karen Sanchez, 2014 HRTO 1147

David Muir

Respondents 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 respondents failed to file a Response by the required deadline and ignored a subsequent Tribunal direction to file a Response.

Pursuant to Rule 5.5 of the Tribunal's Rules of Procedure, the Tribunal deemed the respondents to have waived their right to notice and participation, and deemed them to have accepted all allegations set out in the Application.

Streete-Thomas v. Extendicare Guildwood, 2014 HRTO 1146

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 provide written submissions in response to the NOID by the required deadline.

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

Peter Guido v. Kott Lumber, 2014 HRTO 1143

David Muir

Applicant's request to amend remedial requests to include reinstatement to employment granted.

The applicant filed a Request for Order During Proceeding to amend her remedial requests to seek reinstatement to employment in the event the respondent is found to have violated the Human Rights Code.

The respondent opposed the request.

The Tribunal granted the request, noting that amendments to remedy are generally allowed as there is typically no prejudice to the other party, and the Tribunal ultimately determines the appropriate remedy.

Fernando v. Metro Toronto Convention Centre Corporation, 2014 HRTO 1140

Carla V. Nassar

2 cases2014–2014

David Muir

Tribunal denies early dismissal requests but cautions self-represented applicant against using inappropriate language and personal attacks.

The applicant filed a human rights application alleging sexual harassment, sexual assault, and reprisal in the workplace.

The respondents filed Requests for Order During Proceeding seeking early dismissal of the application on various grounds, including no reasonable prospect of success and abuse of process due to the applicant's use of inappropriate language and personal attacks.

The Tribunal denied the requests to dismiss for no reasonable prospect of success without reasons, and denied the abuse of process request as premature, while strongly cautioning the self-represented applicant to comply with the Tribunal's rules regarding courteous and respectful conduct.

Other requests were deferred pending mediation.

de Koning v. St. Louis Bar and Grill Cityplace, 2014 HRTO 1139

Michael Nungisa

David Muir

Adjournment request denied for lack of exceptional circumstances; extension of time to file Reply granted.

The applicant requested an adjournment of the scheduled hearing and an extension of time to file a Reply due to staffing issues at a legal clinic.

The Human Rights Tribunal of Ontario denied the adjournment request, finding that the circumstances were not exceptional as required by the Practice Direction.

However, the Tribunal granted the extension of time to file a Reply, finding no prejudice to the respondent and sufficient reasons to ensure orderly adjudication.

Fern v. 2243758 Ontario Inc. o/a Canadian Tire Gas Bar Plus, 2014 HRTO 1138

Lia Chirrotto

David Muir

Tribunal permits applicant to amend human rights application with new allegations at summary hearing stage.

The applicant, a self-represented former employee, alleged discrimination on multiple grounds including race, gender, and reprisal.

At a summary hearing, the applicant raised new allegations not included in her original application.

The Tribunal permitted the applicant to amend her application to include the new allegations, finding it fair and expeditious to do so.

The Tribunal dismissed the claims relating to goods and services and record of offences as having no reasonable prospect of success, but allowed the remaining claims to proceed pending the amended application.

Chambers v. Whole Foods Market, 2014 HRTO 1137

David Muir

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

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

The applicant opposed deferral, arguing the issues of discrimination were not raised in the grievance and preferring the public forum of the Tribunal.

The respondent supported deferral.

The Tribunal found substantial overlap between the facts and issues in both proceedings and deferred the application to avoid different conclusions about the facts in concurrent proceedings.

Sharma-Sajan v. Humber Institute of Technology & Advanced Learning, 2014 HRTO 1136

James Heeney

10 cases2009–2022

David Muir

Employment and Labour Law

Human rights application deferred pending concurrent OLRB proceeding; applicant's premature document request denied.

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

The respondent requested deferral of the application pending the conclusion of a concurrent Employment Standards Act claim before the Ontario Labour Relations Board.

The applicant also requested production of documents.

The Tribunal denied the applicant's request for documents as premature and granted the respondent's request to defer the application, finding substantial overlap in the facts and issues between the two proceedings.

The Tribunal also directed the applicant to cease making inappropriate comments about the respondent's counsel.

Qiu v. Tim Hortons Inc., 2014 HRTO 1135

Applicant

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

Counsel

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

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

Delores M. BarbiniCounsel
1 appearance

Counsel for the Intervener Human Rights Legal Support Centre

Bay RyleyCounsel
1 appearance

Counsel for the Intervener Office of the Employer Advisor

Daryl SeupersadCounsel
1 appearance

Counsel for the Intervener Office of the Worker Advisor

Teresa A. GianfeliceCounsel
1 appearance

Counsel for the Intervener Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance

Counsel for the Respondent

Gurjit BrarCounsel
1 appearance

for Allan Rosenfeld

Mira NovellCounsel
1 appearance

for Allianz Insurance Company of Canada

Andrew T. GrahamCounsel
1 appearance
Joan TakahashiCounsel
1 appearance

for Allstate Insurance Company of Canada

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

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

Subrata MajumdarParalegal
1 appearance

for Aviva Canada Inc.

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

for Bajwa Consultants Incorporated and Mohammad Maqsood Bajwa

Shiraz BajwaAgent
1 appearance

for Balan International, David Rong and Robin Fan

Jean-Alexandre De BousquetCounsel
1 appearance

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

Gina Saccoccia BrannanCounsel
1 appearance

for Belair Insurance Company Inc.

Richard F.L. RoseCounsel
1 appearance

for Bergel & Edson LLP

L. ClimansCounsel
1 appearance

for Canadian Union of Public Employees and its Local 4967

David SteeleCounsel
1 appearance

for CAW TCA Canada and Artis Snowe

Leon RideoutAgent
1 appearance

for Chrysler Canada

Christoper DunnCounsel
1 appearance

for Citadel General Assurance Company

Claude BlouinCounsel
2 appearances

for Coachman Insurance Company

Cary SchneiderCounsel
1 appearance

for Coast Mental Health

Peter MacTavishCounsel
1 appearance

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

Jesse KuglerCounsel
1 appearance

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

Christine DaviesCounsel
1 appearance

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

Adam PentalCounsel
1 appearance

for Dan Benedict Co-op Homes

Brent ForemanCounsel
1 appearance

for Domtar Inc.

Sarah CrossleyCounsel
1 appearance

for Donald Ebbs and Brian Lennox

Paul SternCounsel
1 appearance

for Drake International Inc.

Elizabeth SwanCounsel
1 appearance
Karen BockCounsel
1 appearance

for Dr. Meloff, Respondent

Andrew McCutcheonCounsel
1 appearance

for Dr. Niculina Margulies

Christopher HubbardCounsel
1 appearance
James MiglinCounsel
1 appearance

for Duka Property Management Inc.

Andrew HylandCounsel
1 appearance

for Echelon General Insurance Company

Jamie PollackCounsel
1 appearance

for Economical Mutual Insurance Company

Albert M. ConforziCounsel
1 appearance

for Erica Gallo

Kirsten DarelParalegal
1 appearance

for Expertech

Susan CrawfordCounsel
1 appearance

for Global Payments of Canada GP and Persila Vachon

Jason BehoeCounsel
1 appearance
Karoline ChanCounsel
1 appearance

for Guarantee Company of North America

Adrian WillsherCounsel
1 appearance

for HealthCare of Ontario Pension Plan

Marc RodrigueCounsel
1 appearance
Catherine PollackCounsel
1 appearance

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

Christopher ThompsonCounsel
1 appearance

for herself

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

for himself

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

for Homewood Health Centre and Edgardo Perez

Charlotte BurkhardtAgent
1 appearance

for ING Halifax Insurance Company

Doug WallaceCounsel
1 appearance

for ING-Halifax Insurance Company

Chris BlomCounsel
1 appearance

for ING Insurance Company of Canada

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

for Intersteam Technologies Inc., and Manfred Dietrich

Manfred DietrechAgent
1 appearance

for James Soutar

James SoutarSelf-represented
1 appearance

for Kingsway General Insurance Company

Kerri KnudsonCounsel
1 appearance
Catherine KorteCounsel
1 appearance

for Lakeridge Health

Jessica KearseyCounsel
1 appearance

for Legal Aid Ontario

Andrea DanonCounsel
1 appearance

for Liberty Mutual Insurance Company

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

for Lombard General Insurance Company of Canada

Harry BrownCounsel
1 appearance

for Mazin & Rooz, Barristers and Solicitors

Nureen ShariffCounsel
1 appearance

for Mazin Rooz Mazin

Meenaz JafferCounsel
3 appearances

for Mevotech LP, Toby Gennings and Sendor Szell

Paul MacchioneCounsel
1 appearance

for Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance
Harold SterlingCounsel
1 appearance

for Mr. Asamane

Murray TkatchCounsel
1 appearance

for Mr. Balanki

Alexander MazinCounsel
1 appearance

for Mr. Basdeo

Patrick DaSilvaCounsel
1 appearance
Patrick DaSilvaParalegal
1 appearance

for Mr. Bouchahma

Adam EzerCounsel
1 appearance

for Mr. Brown

Brian ShermanCounsel
1 appearance

for Mr. Buccellato

Patrick DiMonteCounsel
2 appearances

for Mr. Cordeiro

Andrew DavidsonCounsel
1 appearance

for Mr. Do

Al PaceCounsel
1 appearance

for Mr. Ewers

Amanda HeerschopCounsel
1 appearance

for Mr. Foster

Brian ShermanCounsel
1 appearance

for Mr. Grunberg

Christopher D. FinlayCounsel
1 appearance

for Mr. Guglielmo

Barry MunroCounsel
1 appearance

for Mr. Hill

Shelley MartinCounsel
1 appearance

for Mr. Ho

David PhamCounsel
1 appearance

for Mr. Jagdharry

P. Michael RotondoCounsel
1 appearance

for Mr. Karnathasan

Samiya AhmedAgent
1 appearance

for Mr. Khemraj and Ms. Khemraj

Mark DeWittAgent
1 appearance

for Mr. Kovach

Charlia D. von BuchwaldCounsel
1 appearance

for Mr. Little

Karen FrishetteCounsel
1 appearance

for Mr. MacKenzie

Kevin WolfCounsel
2 appearances

for Mr. Mathur

Idan ErezCounsel
1 appearance
Vikram KapurCounsel
1 appearance

for Mr. Mazumder

Tania AstorinoCounsel
1 appearance
Donna BruceCounsel
1 appearance

for Mr. McMichael

Alan L. RachlinCounsel
1 appearance

for Mr. Pankratov

Debra LewisCounsel
1 appearance

for Mr. Robinson

Scott M. MerrifieldCounsel
1 appearance

for Mrs. Antony

David S. WilsonCounsel
1 appearance

for Mrs. Asmand

David F. LongleyCounsel
1 appearance

for Mrs. Distefano

David F. LongleyCounsel
1 appearance

for Mrs. Fimiani

Richard M. BogorochCounsel
1 appearance
Linda WolanskiCounsel
1 appearance

for Mrs. Garcia

Kevin DoanCounsel
1 appearance

for Mr. Sidhu and Mr. Braithwaite

Muthu AnnamalaiAgent
1 appearance

for Mr. Singh

Satwant MerwarAgent
1 appearance

for Mrs. Joshi

Helen FotinosCounsel
1 appearance

for Mrs. Kennedy

David S. WilsonCounsel
1 appearance

for Mr. Smith

Tammy RingCounsel
2 appearances

for Mrs. Patterson

Allan S. BlottCounsel
1 appearance

for Mrs. Scott

Pamela BlaikieCounsel
1 appearance
Alden M. DychtenbergCounsel
1 appearance

for Mrs. Sivaloganathan

David S. WilsonCounsel
2 appearances

for Mr. Steinhoff

David F. MacDonaldCounsel
1 appearance
Michael BennettCounsel
1 appearance

for Mr. Stelzer

Kelly SiegnerCounsel
1 appearance

for Mr. Sutherland

Ian S. WrightCounsel
1 appearance

for Mr. Taylor

P. Michael RotondoCounsel
1 appearance

for Mr. Tendenilla

Arvin GuptaCounsel
2 appearances
Armin GuptaCounsel
1 appearance

for Mr. Wilkerson

Richard LevinCounsel
1 appearance

for Mr. Yogarajah

Donata Di IorioCounsel
2 appearances

for Ms. Alladina

Janet S. YoungCounsel
1 appearance

for Ms. Brooks

Linda WolanskiCounsel
1 appearance

for Ms. Damude

J. Ivan MariniCounsel
1 appearance

for Ms. Hargraves

David PayneCounsel
1 appearance

for Ms. Keyes

David F. MacDonaldCounsel
1 appearance

for Ms. Khong

David H. PhamCounsel
1 appearance

For Ms. Lok

Sue ChenAgent
1 appearance

for Ms. McCabe

Stan SteinmanCounsel
1 appearance

for Ms. McDougall

Salvatore ShawCounsel
1 appearance

for Ms. Morabito

Brian A. BanfieldCounsel
1 appearance

for Ms. Nandkumar

Jeffrey Wm. StrypeCounsel
1 appearance

for Ms. Navage

David S. WilsonCounsel
2 appearances

for Ms. Owusu

Murray TkatchCounsel
1 appearance

for Ms. Owusu and Ms. Sarpong

Murray TkatchCounsel
1 appearance

for Ms. Patterson

Esan InceCounsel
1 appearance

for Ms. Paunova

Christopher D. FinlayCounsel
1 appearance

for Ms. Sarpong

Murray TkatchCounsel
1 appearance

for Ms. Sidhu

Tripta ChandlerCounsel
1 appearance

for Ms Vasina

Henry GoldentulerCounsel
1 appearance

for Ms. Zeris

Jeffrey RaphaelCounsel
1 appearance

for Neighbourhood Legal Services

Jack de KlerkCounsel
1 appearance

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

Rita BambersCounsel
1 appearance

for Nordic Insurance Company of Canada

David DinnerCounsel
1 appearance

for Ontario Municipal Insurance Exchange

Bryan D. RumbleCounsel
2 appearances

for Ontario Public Service Employees Union

Nini JonesCounsel
1 appearance

for Organizational Solutions Inc.

Carla ZabekCounsel
1 appearance

for Pat Caricato

Gavin ClingbineAgent
1 appearance

for Pauline Lysak, Satu Repo-Hendsbee and Wilson Li

John JudsonCounsel
1 appearance
Yola VentrescaCounsel
1 appearance

for Pembridge Insurance Company

Richard HorstCounsel
2 appearances

for People's Trust Company

Christina WallisCounsel
1 appearance

for Personal Insurance Company of Canada

Todd J. McCarthyCounsel
1 appearance

for Pet Valu Canada Inc.

Christine Martin BevilacquaAgent
1 appearance

for Pilot Insurance Company

Robert BarrettCounsel
2 appearances

for Progressive Casualty Insurance Co. of Canada

Pamela A. BrownleeCounsel
2 appearances

for Rakesh Majithia CA Professional Corporation and Rakesh Majithia

Salma ShaikhCounsel
1 appearance

for RBC General Insurance Company

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

for Resolve Recruit Inc.

Neal OrnsteinCounsel
1 appearance

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

Erin PorterAgent
1 appearance

for Riverfront medical Services, Respondent

Keith EdwardsCounsel
1 appearance
Golbon MehrabkhaniCounsel
1 appearance

for Rooms Accessories and Furniture Inc.

Gurinder WaliaAgent
1 appearance

for Roxboro Business Services and Raj Hemraj

Orie H. NeidzvieckiAgent
1 appearance

for Royal & SunAlliance Insurance Company of Canada

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

for Rygiel Supports for Community Living

Chris BaroneAgent
1 appearance

for Sault College

Nadina S. ZacksCounsel
1 appearance

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

Cameron StarkCounsel
2 appearances
Theodore P. CharneyCounsel
1 appearance

for Sound Times

Natasha PersaudCounsel
1 appearance

for State Farm Mutual Automobile Insurance Company

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

for St. Louis Bar and Grill Cityplace and Julia Anderson

Carla V. NassarCounsel
1 appearance

for St. Michael’s Hospital

Michael ConradiCounsel
1 appearance

for Sun Life

Valeri S. GreifenbergerCounsel
1 appearance

for Sunshine Landscaping and himself

Valdir PradoSelf-represented
1 appearance

for TD General Insurance Company

Andrew GraysonCounsel
1 appearance

for TD Home and Auto Insurance Company

Andrew GraysonCounsel
3 appearances

for Teamsters of Canada Local 419

Mireille GirouxCounsel
1 appearance

for the Affected Party

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

for the applicant

Nancy GrangerCounsel
1 appearance
Alana FenwickSelf-represented
1 appearance

for the Applicant

Wayne FerronSelf-represented
7 appearances
Cecil NormanAgent
6 appearances
Peggy HarrypersadSelf-represented
5 appearances
Sandra McArthur-CalhounSelf-represented
4 appearances
Nohemy CunninghamSelf-represented
4 appearances
Self-representedSelf-represented
4 appearances
Alexandre PapouchineSelf-represented
3 appearances
Andrew L. LukachkoSelf-represented
3 appearances
Robert CameronSelf-represented
3 appearances
Giuseppe MassaSelf-represented
3 appearances
Clive RoySelf-represented
3 appearances
John R. EvansCounsel
3 appearances
Chris SurowiakAgent
3 appearances
Grace PermaulCounsel
3 appearances
Brenda CulbertCounsel
3 appearances
John NahirnySelf-represented
3 appearances
Ernest J. GuisteCounsel
2 appearances
Debra SelkirkAgent
2 appearances
Grant DobsonSelf-represented
2 appearances
Grant HutchinsonSelf-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
Shiping LiSelf-represented
1 appearance
W.F.Self-represented
1 appearance
Benjamin RiesCounsel
1 appearance
Mr. VillellaAgent
1 appearance
Michael KatzmanCounsel
1 appearance
Nathan KorenbergParalegal
1 appearance
Erich SchultzeAgent
1 appearance
Qiying JinSelf-represented
1 appearance
Doug McleodCounsel
1 appearance
Nicole SimesCounsel
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

Nicole SinghCounsel
1 appearance
Karen SargeantCounsel
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

William M. SproullCounsel
2 appearances
Andrew T. GrahamCounsel
2 appearances
James V. LeoneCounsel
1 appearance
Kevin GriffithsCounsel
1 appearance

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

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

Ross GowerCounsel
1 appearance
Elliot SpearsCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

Jon CannSelf-represented
1 appearance
Stephen RobinsonSelf-represented
1 appearance
Sandra JohnsonSelf-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
Roy FilionCounsel
4 appearances
David PatacairkCounsel
4 appearances
Melanie HerbinCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Steve LavenderCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Greg BullenCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Adrien IafrateCounsel
1 appearance
Kerri KitchenCounsel
1 appearance
Vivian BercoviciCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance
Jeffrey NicholsonCounsel
1 appearance
Civity GauleyCounsel
1 appearance

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Joseph N. TasconaCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
2 appearances
Karen EnsslenCounsel
1 appearance
Katherine PollockCounsel
1 appearance
Melanie Borowicz-SibenikCounsel
1 appearance
Sheryl L. JohnsonCounsel
1 appearance
Steve WilliamsCounsel
1 appearance
Meredith GaydaCounsel
1 appearance
Paula M. RusakCounsel
1 appearance
Stephen ShortCounsel
1 appearance
Michelle AltonCounsel
1 appearance
Barry J. BrownCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance
Craig R. ColraineCounsel
1 appearance

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

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

Darrell MarchCounsel
1 appearance
Danette CashmanCounsel
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

Melanie MalachCounsel
1 appearance
Jennifer GuthCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Graham H. SmithAgent
1 appearance
Carla AdamsAgent
1 appearance

Respondent

Neal SommerCounsel
1 appearance
Kathryn J. BirdCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

/Adjudicator

David Muir — Vice-Chair

Human Rights

Administrative Law

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 OntarioAug 8, 2014

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

The respondent filed a Request for Order During Proceedings seeking the dismissal of the application for lack of jurisdiction.

The applicant did not respond to the Request.

The Tribunal directed the applicant to respond and warned that failure to do so would result in the application being dismissed as abandoned.

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

Consequently, the application was deemed abandoned and dismissed.

Collins Charlery v. Servisair Inc., 2014 HRTO 1192

David Muir

HRTOHuman Rights Tribunal of OntarioAug 7, 2014

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

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

The applicant failed to respond to the Tribunal's direction or to the respondent's subsequent request for dismissal.

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

Martha Parrales v. Vipond Inc, 2014 HRTO 1175

Mireille Khoraych

14 cases2010–2016

Dave Steele

11 cases2012–2014

David Muir

HRTOHuman Rights Tribunal of OntarioAug 7, 2014

Human rights application deferred pending the conclusion of a concurrent grievance arbitration.

The applicant filed an application alleging discrimination in employment on the basis of sex and reprisal.

The Tribunal issued a Notice of Intent to Defer the application because the underlying facts were also the subject of an ongoing grievance arbitration.

The respondent supported deferral, while the applicant opposed it.

The Tribunal found that the issues raised in the grievance overlapped significantly with those in the application.

Applying its general approach to concurrent proceedings, the Tribunal deferred the application pending the conclusion of the grievance process.

Shelly Reid-Barton v. City of Greater Sudbury, 2014 HRTO 1174

Patricia Murray

26 cases1997–2017

David Muir

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

The applicant, a Black male, alleged discrimination and reprisal by the respondent police services board and officers, claiming he was racially profiled during a homicide investigation.

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

The Tribunal found no evidence linking the police's actions, including obtaining a search warrant after the applicant ceased cooperating, to his race.

The reprisal claim was also dismissed as the applicant had not asserted any Code rights prior to the alleged reprisal.

The application was dismissed.

Dwight Grange v. The Regional Municipality of Peel Police Services Board, 2014 HRTO 1171

David Muir

Human rights application dismissed as out of time with no good faith explanation for delay.

The applicant filed a human rights application alleging age discrimination almost four years after his dismissal from employment.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be outside the one-year limitation period under section 34 of the Human Rights Code.

The applicant claimed he was ill, but the Tribunal noted he had pursued several other legal proceedings during the delay period.

Finding no good faith explanation for the delay, the Tribunal dismissed the application as out of time.

Bogdan Koscik v. Lakeridge Health Corporation, 2014 HRTO 1170

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code against the Canada Passport Office.

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 deadline.

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

Cathie Ahokangas v. Canada Passport Office, 2014 HRTO 1169

David Muir

HRTOHuman Rights Tribunal of OntarioAug 5, 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 (NOID) because the application appeared to be outside its jurisdiction.

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

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

Dennis Busch v. Bullstock Bullmastiffs, 2014 HRTO 1151

Timothy Gindi

Practising Law - Employed20 cases2014–2026

David Muir

Human rights application dismissed because applicant commenced a civil action seeking damages for the same allegations.

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

The applicant also commenced a civil action for wrongful dismissal seeking damages for the same alleged Human Rights Code violations.

The applicant did not respond to the Notice.

The Tribunal dismissed the application.

Toker v. 1044765 Ontario Inc., 2014 HRTO 1159

David Muir

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

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

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

After the applicant failed to respond to a subsequent Tribunal direction warning that her application might be deemed abandoned, the Tribunal deemed the application abandoned and dismissed it.

Sara Pattenaude v. Dr. Bruce Fletcher, 2014 HRTO 1157

David Muir

Not Practising Law1 case2014–2014

Respondent ordered to produce arguably relevant documents within 7 days or face evidentiary sanctions.

The applicant filed a Request for Order During Proceeding seeking the production of documents from the respondent in a human rights application alleging discrimination on the basis of disability.

The applicant asserted that the respondent failed to comply with Rule 16 of the Tribunal's Rules of Procedure, which requires the delivery of all arguably relevant documents.

Austin v. Americana Resort Inc., 2014 HRTO 1153

Martin Rabinovitch

Kiran Kang

3 cases2014–2024

John No

8 cases2009–2019

David Muir

Human rights application not time-barred; limitation period runs from effective date of termination, not notice date.

The respondent requested that the human rights application be dismissed for delay, arguing it was filed beyond the one-year time limit under s. 34 of the Human Rights Code.

The applicant received notice of termination on November 2 or 5, 2012, effective November 9, 2012, and filed the application on November 6, 2013.

The Tribunal held that the final act of discrimination in a dismissal is the effective date of termination, not the date notice is received.

Therefore, the application was filed within the one-year time limit and the respondent's request was denied.

Dahir v. Corvin Building Maintenance Ltd., 2014 HRTO 1149

David Muir

Request to reactivate deferred application dismissed due to unexplained 10-month delay.

The applicant filed a request to reactivate her human rights application, which had been deferred pending the resolution of an Employment Standards Act proceeding.

The ESA proceeding concluded in July 2013, but the applicant did not request reactivation until May 2014, well beyond the 60-day limit under the Tribunal's Rules of Procedure.

The Tribunal found that the applicant failed to provide a good faith explanation for the delay, noting that ignorance of the impact of the ESA settlement did not justify the failure to act.

The request to reactivate was denied and the application was dismissed.

Ekatrini Allagas v. Plato Adult Education Centre and Karen Sanchez, 2014 HRTO 1147

David Muir

Respondents 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 respondents failed to file a Response by the required deadline and ignored a subsequent Tribunal direction to file a Response.

Streete-Thomas v. Extendicare Guildwood, 2014 HRTO 1146

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 provide written submissions in response to the NOID by the required deadline.

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

Peter Guido v. Kott Lumber, 2014 HRTO 1143

David Muir

Applicant's request to amend remedial requests to include reinstatement to employment granted.

The respondent opposed the request.

Fernando v. Metro Toronto Convention Centre Corporation, 2014 HRTO 1140

Carla V. Nassar

2 cases2014–2014

David Muir

Tribunal denies early dismissal requests but cautions self-represented applicant against using inappropriate language and personal attacks.

The applicant filed a human rights application alleging sexual harassment, sexual assault, and reprisal in the workplace.

Other requests were deferred pending mediation.

de Koning v. St. Louis Bar and Grill Cityplace, 2014 HRTO 1139

Michael Nungisa

David Muir

Adjournment request denied for lack of exceptional circumstances; extension of time to file Reply granted.

The applicant requested an adjournment of the scheduled hearing and an extension of time to file a Reply due to staffing issues at a legal clinic.

The Human Rights Tribunal of Ontario denied the adjournment request, finding that the circumstances were not exceptional as required by the Practice Direction.

However, the Tribunal granted the extension of time to file a Reply, finding no prejudice to the respondent and sufficient reasons to ensure orderly adjudication.

Fern v. 2243758 Ontario Inc. o/a Canadian Tire Gas Bar Plus, 2014 HRTO 1138

Lia Chirrotto

David Muir

Tribunal permits applicant to amend human rights application with new allegations at summary hearing stage.

The applicant, a self-represented former employee, alleged discrimination on multiple grounds including race, gender, and reprisal.

At a summary hearing, the applicant raised new allegations not included in her original application.

The Tribunal permitted the applicant to amend her application to include the new allegations, finding it fair and expeditious to do so.

Chambers v. Whole Foods Market, 2014 HRTO 1137

David Muir

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

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

The applicant opposed deferral, arguing the issues of discrimination were not raised in the grievance and preferring the public forum of the Tribunal.

The respondent supported deferral.

The Tribunal found substantial overlap between the facts and issues in both proceedings and deferred the application to avoid different conclusions about the facts in concurrent proceedings.

Sharma-Sajan v. Humber Institute of Technology & Advanced Learning, 2014 HRTO 1136

James Heeney

10 cases2009–2022

David Muir