David Muir

David Muir

HRTOHuman Rights Tribunal of OntarioJul 29, 2014

Human rights applications deferred pending conclusion of concurrent grievance arbitrations raising identical issues.

The Tribunal issued a Notice of Intent to Defer two human rights applications pending the conclusion of concurrent grievance arbitrations raising the same issues.

The applicants opposed deferral, arguing the Tribunal was a more effective forum because the Grievance Settlement Board does not enforce its own orders or impose fines on individuals.

The Tribunal deferred the applications, noting that grievance arbitrators have the power and responsibility to enforce human rights obligations, and the orderly administration of justice favours deferral to avoid concurrent proceedings on identical issues.

Archer v. Ontario (Community Safety and Correctional Services), 2014 HRTO 1130

David Muir

Not Practising Law - Employed9 cases2008–2014

Application dismissed as abandoned after applicant failed to respond to a Notice of Intent to Dismiss.

The applicant filed an application under s. 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, directing the applicant to provide written submissions.

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

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

Sandra Roberts v. York Condominium Corporation Number 279 and Brenda Hooper-Rowland, 2014 HRTO 1099

Rishi Bandhu

David Muir

Human rights application dismissed because applicant commenced a civil proceeding seeking damages for Code violations.

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

The respondents requested dismissal under section 34(11) of the Human Rights Code because the applicant had subsequently commenced a civil proceeding for wrongful dismissal and breach of contract that also sought damages and reinstatement under the Code.

The Tribunal found that the requirements of section 34(11) were met, as a civil proceeding seeking remedies for alleged Code violations had been commenced and not finally determined.

The Application was dismissed.

Chesebrough v. Conestoga Meat Packing Ltd., 2014 HRTO 1096

Peter Fenrick

David Muir

Human rights application alleging discrimination for refusal of legal services dismissed.

The applicant, who legally changed his name to Her Majesty the Queen, filed a human rights application alleging discrimination on the basis of disability.

The applicant sought legal assistance from the respondent to sue the Prime Minister for unpaid wages as the Monarch.

The respondent declined to provide services because the claim had no reasonable prospect of success.

The Tribunal held a summary hearing and dismissed the application, finding no evidence to support an inference of discrimination and concluding that the respondent's refusal was entirely reasonable.

Her Majesty the Queen v. Pro Bono Law Ontario, 2014 HRTO 1092

David Muir

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

The applicant filed a human rights application but failed to attend a scheduled mediation session.

The Tribunal subsequently sent a letter directing the applicant to advise of her intentions and warning that failure to respond could result in the application being deemed abandoned.

The applicant did not respond to the correspondence.

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

Noe Maltais v. Beck Taxi Limited, 2014 HRTO 1091

David Muir

Tribunal grants partial extension of time for respondents to file Responses pending internal investigation.

The applicant filed a human rights application alleging systemic gender discrimination, a hostile work environment, and harassment by the respondents.

The respondent City sought an extension of time to file its Response, citing an ongoing internal investigation by an outside investigator.

The Tribunal granted a partial extension to September 3, 2014, noting the need for expeditious processing, but permitted the respondents to file amended Responses within 21 days of receiving the internal investigation report.

Jamie Wilson v. City of Toronto Fire Services and Ivica Injic, 2014 HRTO 1085

Sarah Parchello

David Muir

Human rights application dismissed at summary hearing for lacking evidence linking dismissal to prohibited grounds.

The applicant, a former sales associate, alleged discrimination in employment on the basis of ancestry, creed, race, and colour after being dismissed following an investigation into inappropriate sales transactions.

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

The Tribunal found that while the applicant felt the investigation was unfair and the punishment harsh, there was no evidence linking the respondent's actions to a prohibited ground under the Human Rights Code.

The application was dismissed.

Layla Farah v. Hudson's Bay Company, 2014 HRTO 1083

David Muir

Requests to add a respondent and for early document production denied; applicant cautioned regarding inappropriate communications.

The applicant filed Requests for Order During Proceedings seeking to add an individual respondent and for the production of documents in a human rights application alleging discrimination based on gender identity, sex, and reprisal.

The Tribunal denied the requests, finding no basis to add the proposed respondent and concluding that early document production was unwarranted merely for preservation purposes.

The Tribunal also cautioned the self-represented applicant regarding inappropriate and disrespectful communications with the respondents and their counsel, reminding him of the Tribunal's rules against abuse of process.

Graeme Innes v. Metro Ontario Inc. and Danielle Campbell, 2014 HRTO 1082

David Muir

Tribunal reconsiders and sets aside dismissal of application after discovering administrative error regarding applicant's response.

The applicant filed a human rights application that was initially dismissed as abandoned because the Tribunal mistakenly believed she had not responded to its directions.

The applicant pointed out that she had in fact responded on time.

The Tribunal reconsidered the matter on its own initiative, set aside the dismissal decision due to the administrative error, and directed the respondent to file submissions on the applicant's request to reactivate the application.

Ekatrini Allagas v. Plato Adult Education Centre, 2014 HRTO 1079

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.

The Tribunal sent multiple requests to the applicant to provide mutually agreeable dates to reschedule the hearing, warning that failure to respond could result in the application being dismissed as abandoned.

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

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

Brent Barfoot v. Stratford Children’s Services, 2014 HRTO 1078

David Muir

HRTOHuman Rights Tribunal of OntarioJul 21, 2014

Reconsideration granted to reopen human rights application previously dismissed as abandoned due to jurisdictional confusion.

The applicant requested reconsideration of a decision that dismissed their human rights application as abandoned.

The application was initially dismissed after the applicant failed to respond to a Notice of Intent to Dismiss regarding whether the matter fell under federal jurisdiction.

The applicant subsequently provided a determination from the Canadian Human Rights Commission stating the complaint was not within its jurisdiction.

The Tribunal exercised its discretion to grant the reconsideration request, noting the complicated legal question of jurisdiction and the ongoing nature of the workplace dispute.

The Tribunal also denied a request to expedite and ordered the respondent to file a substantive response to the application.

Fernando v. Fedex Networks Transport and Brokerage (Canada) Inc., 2014 HRTO 1063

David Muir

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

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

The Tribunal issued a Notice of Incomplete Application and Notice of Intent to Dismiss because the application was incomplete and appeared to be outside the Tribunal's jurisdiction.

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

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

Mirella Idalia Ramirez Denegri v. Environment Canada, 2014 HRTO 1057

David Muir

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

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

The respondent requested the application be dismissed on the basis that the matter fell within federal jurisdiction.

The Tribunal directed the applicant to provide written submissions in response to the respondent's request.

The applicant failed to respond to the Tribunal's directions within the required time.

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

Gerry Thistle v. Link-On Communications Inc., 2014 HRTO 1055

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 s. 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.

Robert Lyden v. Metal Koting (Continuous Colour Coat Limited), 2014 HRTO 1054

David Muir

HRTOHuman Rights Tribunal of OntarioJul 17, 2014

Human rights application dismissed as abandoned after parties failed to file settlement confirmation.

The applicant filed a human rights application against the respondent.

The respondent later advised the Tribunal that the matter had settled.

The Tribunal directed the parties to file a Form 25 confirming the settlement, but neither party responded.

After warning the parties that failure to respond could result in the application being deemed abandoned, and receiving no response, the Tribunal deemed the application abandoned and dismissed it.

Kiefer v. Toronto Wings Company o/a Hooters, 2014 HRTO 1051

Andrew Zabrovsky

34 cases2010–2025

David Muir

Human rights application alleging discrimination in by-law enforcement dismissed for lack of evidence.

The applicant, a property owner, alleged discrimination and reprisal by the Town of Ajax and its by-law officers during property standards investigations.

The applicant claimed an officer used the phrase 'you people' and that subsequent enforcement actions, including multiple visits and the service of a summons, constituted harassment and reprisal.

The Tribunal dismissed the application, finding insufficient evidence that the alleged discriminatory comments were made or that the Town's actions were influenced by the applicant's race or ethnic origin.

The Tribunal concluded the respondents were appropriately fulfilling their duties in response to neighbour complaints.

Michael Jaipaul v. Corporation of the Town of Ajax, Sharon Williamson, Kristina Foreman, Robert Vokey and Geoff Romanowski, 2014 HRTO 1043

David Muir

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 had previously deferred the proceeding pending the conclusion of an ongoing grievance arbitration.

The Tribunal subsequently wrote to the applicant requesting an update on the status of the other proceedings and warned that failure to respond might result in the application being dismissed as abandoned.

The applicant did not respond to the Tribunal's letter.

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

Khan v. Ministry of Community and Social Services-Family Responsibility Office et al., 2014 HRTO 1037

David Muir

Request for reconsideration denied as applicant failed to meet threshold criteria under Rule 26.

The applicant requested reconsideration of a previous Tribunal decision that dismissed his application for being largely out of time and having no reasonable prospect of success.

The applicant failed to file the required Form 20 but the Tribunal processed the request anyway.

The Tribunal found that the applicant merely repeated arguments already made and failed to establish any of the threshold criteria under Rule 26 for reconsideration.

The request for reconsideration was denied.

Mills v. Historia Specialized Care Inc., 2014 HRTO 1020

David Muir

HRTOHuman Rights Tribunal of OntarioJul 15, 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 because the application appeared to be outside its jurisdiction.

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

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

Edy Haddad v. Canadian Tire – Walker Road, 2014 HRTO 1036

Human rights application against union, insurer, and pension plan summarily dismissed for no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination in employment and services on the basis of disability against her employer, union, benefits insurer, and pension plan.

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

The Tribunal dismissed the application against the union, insurer, and pension plan, finding no reasonable prospect of success as their actions were not based on discriminatory factors but on plan definitions and available information.

The Tribunal also dismissed allegations against the employer relating to events prior to October 2010 due to delay, as they were filed outside the one-year limitation period without a good faith explanation.

Sandra Faulkner v. Lakeridge Health, Ontario Public Service Employees Union, Sun Life Assurance Company of Canada and Healthcare of Ontario Pension Plan Trust Fund, 2014 HRTO 1024

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Self-representedSelf-represented
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Self-representedSelf-represented
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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
Paul O’RyanCounsel
1 appearance
Alycia ShawCounsel
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
Gordon FitzgeraldCounsel
2 appearances
Patricia MurrayCounsel
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
Paula M. RusakCounsel
1 appearance
David C. TurnerCounsel
1 appearance

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Glorie AlfredCounsel
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
Stephen ShortCounsel
1 appearance
Paula M. RusakCounsel
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

Antonella CeddiaCounsel
1 appearance
Andrea DonevanCounsel
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

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

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

Cathy CharpentierSelf-represented
1 appearance
Al BagherianSelf-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

Jenifer Richards

David Muir

HRTOHuman Rights Tribunal of OntarioJul 29, 2014

Human rights applications deferred pending conclusion of concurrent grievance arbitrations raising identical issues.

The Tribunal issued a Notice of Intent to Defer two human rights applications pending the conclusion of concurrent grievance arbitrations raising the same issues.

The applicants opposed deferral, arguing the Tribunal was a more effective forum because the Grievance Settlement Board does not enforce its own orders or impose fines on individuals.

Archer v. Ontario (Community Safety and Correctional Services), 2014 HRTO 1130

David Muir

Not Practising Law - Employed9 cases2008–2014

Application dismissed as abandoned after applicant failed to respond to a Notice of Intent to Dismiss.

The applicant filed an application under s. 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, directing the applicant to provide written submissions.

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

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

Sandra Roberts v. York Condominium Corporation Number 279 and Brenda Hooper-Rowland, 2014 HRTO 1099

Rishi Bandhu

David Muir

Human rights application dismissed because applicant commenced a civil proceeding seeking damages for Code violations.

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

The Tribunal found that the requirements of section 34(11) were met, as a civil proceeding seeking remedies for alleged Code violations had been commenced and not finally determined.

The Application was dismissed.

Chesebrough v. Conestoga Meat Packing Ltd., 2014 HRTO 1096

Peter Fenrick

David Muir

Human rights application alleging discrimination for refusal of legal services dismissed.

The applicant, who legally changed his name to Her Majesty the Queen, filed a human rights application alleging discrimination on the basis of disability.

The applicant sought legal assistance from the respondent to sue the Prime Minister for unpaid wages as the Monarch.

The respondent declined to provide services because the claim had no reasonable prospect of success.

The Tribunal held a summary hearing and dismissed the application, finding no evidence to support an inference of discrimination and concluding that the respondent's refusal was entirely reasonable.

Her Majesty the Queen v. Pro Bono Law Ontario, 2014 HRTO 1092

David Muir

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

The applicant filed a human rights application but failed to attend a scheduled mediation session.

The Tribunal subsequently sent a letter directing the applicant to advise of her intentions and warning that failure to respond could result in the application being deemed abandoned.

The applicant did not respond to the correspondence.

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

Noe Maltais v. Beck Taxi Limited, 2014 HRTO 1091

David Muir

Tribunal grants partial extension of time for respondents to file Responses pending internal investigation.

The applicant filed a human rights application alleging systemic gender discrimination, a hostile work environment, and harassment by the respondents.

The respondent City sought an extension of time to file its Response, citing an ongoing internal investigation by an outside investigator.

Jamie Wilson v. City of Toronto Fire Services and Ivica Injic, 2014 HRTO 1085

Sarah Parchello

David Muir

Human rights application dismissed at summary hearing for lacking evidence linking dismissal to prohibited grounds.

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

The application was dismissed.

Layla Farah v. Hudson's Bay Company, 2014 HRTO 1083

David Muir

Requests to add a respondent and for early document production denied; applicant cautioned regarding inappropriate communications.

The Tribunal denied the requests, finding no basis to add the proposed respondent and concluding that early document production was unwarranted merely for preservation purposes.

Graeme Innes v. Metro Ontario Inc. and Danielle Campbell, 2014 HRTO 1082

David Muir

Tribunal reconsiders and sets aside dismissal of application after discovering administrative error regarding applicant's response.

The applicant filed a human rights application that was initially dismissed as abandoned because the Tribunal mistakenly believed she had not responded to its directions.

The applicant pointed out that she had in fact responded on time.

Ekatrini Allagas v. Plato Adult Education Centre, 2014 HRTO 1079

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.

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

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

Brent Barfoot v. Stratford Children’s Services, 2014 HRTO 1078

David Muir

HRTOHuman Rights Tribunal of OntarioJul 21, 2014

Reconsideration granted to reopen human rights application previously dismissed as abandoned due to jurisdictional confusion.

The applicant requested reconsideration of a decision that dismissed their human rights application as abandoned.

The application was initially dismissed after the applicant failed to respond to a Notice of Intent to Dismiss regarding whether the matter fell under federal jurisdiction.

The applicant subsequently provided a determination from the Canadian Human Rights Commission stating the complaint was not within its jurisdiction.

The Tribunal exercised its discretion to grant the reconsideration request, noting the complicated legal question of jurisdiction and the ongoing nature of the workplace dispute.

The Tribunal also denied a request to expedite and ordered the respondent to file a substantive response to the application.

Fernando v. Fedex Networks Transport and Brokerage (Canada) Inc., 2014 HRTO 1063

David Muir

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

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

The Tribunal issued a Notice of Incomplete Application and Notice of Intent to Dismiss because the application was incomplete and appeared to be outside the Tribunal's jurisdiction.

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

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

Mirella Idalia Ramirez Denegri v. Environment Canada, 2014 HRTO 1057

David Muir

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

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

The respondent requested the application be dismissed on the basis that the matter fell within federal jurisdiction.

The Tribunal directed the applicant to provide written submissions in response to the respondent's request.

The applicant failed to respond to the Tribunal's directions within the required time.

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

Gerry Thistle v. Link-On Communications Inc., 2014 HRTO 1055

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 s. 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.

Robert Lyden v. Metal Koting (Continuous Colour Coat Limited), 2014 HRTO 1054

David Muir

HRTOHuman Rights Tribunal of OntarioJul 17, 2014

Human rights application dismissed as abandoned after parties failed to file settlement confirmation.

The applicant filed a human rights application against the respondent.

The respondent later advised the Tribunal that the matter had settled.

The Tribunal directed the parties to file a Form 25 confirming the settlement, but neither party responded.

After warning the parties that failure to respond could result in the application being deemed abandoned, and receiving no response, the Tribunal deemed the application abandoned and dismissed it.

Kiefer v. Toronto Wings Company o/a Hooters, 2014 HRTO 1051

Andrew Zabrovsky

34 cases2010–2025

David Muir

Human rights application alleging discrimination in by-law enforcement dismissed for lack of evidence.

The applicant, a property owner, alleged discrimination and reprisal by the Town of Ajax and its by-law officers during property standards investigations.

The applicant claimed an officer used the phrase 'you people' and that subsequent enforcement actions, including multiple visits and the service of a summons, constituted harassment and reprisal.

The Tribunal concluded the respondents were appropriately fulfilling their duties in response to neighbour complaints.

Michael Jaipaul v. Corporation of the Town of Ajax, Sharon Williamson, Kristina Foreman, Robert Vokey and Geoff Romanowski, 2014 HRTO 1043

David Muir

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 had previously deferred the proceeding pending the conclusion of an ongoing grievance arbitration.

The applicant did not respond to the Tribunal's letter.

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

Khan v. Ministry of Community and Social Services-Family Responsibility Office et al., 2014 HRTO 1037

David Muir

Request for reconsideration denied as applicant failed to meet threshold criteria under Rule 26.

The applicant requested reconsideration of a previous Tribunal decision that dismissed his application for being largely out of time and having no reasonable prospect of success.

The applicant failed to file the required Form 20 but the Tribunal processed the request anyway.

The Tribunal found that the applicant merely repeated arguments already made and failed to establish any of the threshold criteria under Rule 26 for reconsideration.

The request for reconsideration was denied.

Mills v. Historia Specialized Care Inc., 2014 HRTO 1020

David Muir

HRTOHuman Rights Tribunal of OntarioJul 15, 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 because the application appeared to be outside its jurisdiction.

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

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

Edy Haddad v. Canadian Tire – Walker Road, 2014 HRTO 1036

Valeri S. Greifenberger

In Private Practice3 cases2012–2014

Nini Jones

23 cases2000–2025

Marc Rodrigue

3 cases2014–2021

Jessica Kearsey

Catherine Pollack

David Muir