David Muir

HRTOHuman Rights Tribunal of OntarioJul 10, 2014

Human rights application regarding restricted access to apprehended grandchild dismissed for no reasonable prospect of success.

The applicant alleged discrimination on the basis of ancestry, family status, and association after her grandchild was apprehended by a children's aid society, resulting in restricted access.

The Tribunal held a summary hearing and dismissed the application.

The allegations regarding the apprehension were previously dismissed in a related application by the child's mother, making this claim an abuse of process with no reasonable prospect of success.

The Tribunal further found it had no jurisdiction to interfere with the ongoing court proceedings regarding custody and access, and the applicant provided no evidence to support her claims of differential treatment.

S.G. v. Ontario (Children and Youth Services), 2014 HRTO 1009

David Muir

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

The applicant filed a human rights application alleging discrimination and reprisal, claiming that jail guards and police officers were in a conflict of interest and should not participate in a baseball league.

The Tribunal issued a Notice of Intent to Dismiss because the application failed to identify specific acts of discrimination connected to Code grounds.

Finding no connection between the allegations and the Code, the Tribunal dismissed the application at a preliminary stage for lack of jurisdiction.

Massa v. Ontario (Community Safety and Correctional Services), 2014 HRTO 1003

David Muir

Human rights application dismissed at preliminary stage for failing to connect allegations to Code grounds.

The applicant filed a human rights application alleging discrimination based on age, disability, and reprisal, claiming that the respondents continued to sponsor a baseball league from which he was expelled.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application failed to identify specific acts of discrimination connected to the Code.

Finding no connection between the respondents' alleged actions and the cited Code grounds, the Tribunal dismissed the application as being outside its jurisdiction.

Massa v. Upper Thames Conservation Authority, 2014 HRTO 1002

David Muir

Interim remedy to leave work early for Sabbath preparation denied for failing to meet onus.

The applicant, a Seventh Day Adventist, filed a human rights application alleging discrimination based on creed and sought an interim remedy to leave work two hours early on Fridays to prepare for the Sabbath.

The Tribunal denied the request, finding that the applicant failed to meet the significant onus of establishing that the interim remedy was necessary to further the remedial objects of the Human Rights Code or that the balance of harm favoured granting the request.

Amanda Henry v. City of Toronto, 2014 HRTO 991

Robert L. Whittaker

2 cases2012–2014

David Muir

Human rights application reactivated without objection following conclusion of WSIA proceeding.

The applicant filed a Request for Order During Proceeding to reactivate her human rights application, which had been deferred pending the completion of a Workplace Safety and Insurance Act proceeding.

The respondent did not object to the request.

The Tribunal granted the request and reactivated the application, directing the Registrar to schedule a two-day hearing.

Daniel v. St. Thomas Elgin General Hospital, 2014 HRTO 990

David Muir

Applicant's procedural requests for venue change, specific adjudicator, OHRC monitoring, and late amendments denied.

The applicant in a human rights proceeding filed two Requests for Order During Proceeding.

The first request sought to have the mediator assigned as the hearing adjudicator, to change the hearing venue from Ottawa to Toronto, and to have the Ontario Human Rights Commission monitor the case.

The second request sought to amend the Application to add new grounds.

The Tribunal denied all requests, noting that mediators do not conduct hearings without consent, the alleged discrimination occurred in Ottawa, the Tribunal cannot direct the OHRC to monitor cases, and the amendment request was out of time and inappropriately delayed.

Katherine Lin Lin v. William Rock Medicine Professional Corporation and William Rock, 2014 HRTO 989

David Muir

HRTOHuman Rights Tribunal of OntarioJul 4, 2014

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

The applicant filed an application under the Human Rights Code regarding a workplace dispute.

The respondents requested deferral of the application pending the conclusion of grievances filed by or on behalf of the applicant under a collective agreement.

Finding that the grievances involved the same facts and issues, the Tribunal deferred the application pending the conclusion of the grievance arbitration process, noting that grievance arbitrators have the power and responsibility to enforce human rights obligations.

Goetz v. Wescast Industries Inc., 2014 HRTO 979

David Muir

HRTOHuman Rights Tribunal of OntarioJul 3, 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 the Tribunal's jurisdiction due to delay.

The applicant failed to respond to the Notice within the required time.

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

Richard Silliker v. Hamilton Municipal Parking System and David Oswald, 2014 HRTO 972

David Muir

HRTOHuman Rights Tribunal of OntarioJul 2, 2014

Request for production of documents denied as irrelevant to the preliminary issue of settlement.

The applicant filed requests for the production of documents ahead of a scheduled preliminary hearing.

The preliminary hearing was set to determine whether a settlement existed between the applicant and the respondent City, and whether the City should be removed as a party.

The Tribunal denied the requests for production, finding that the requested documents were not relevant to the preliminary issues to be addressed.

Hill v. Brantford Police Services Board, 2014 HRTO 962

David Muir

HRTOHuman Rights Tribunal of OntarioJun 27, 2014

Human rights application dismissed as abandoned after the applicant failed to file a reply.

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

In its response, the respondent requested that the application be dismissed because the applicant had signed a full and final release.

The Tribunal directed the applicant to file a reply addressing the request to dismiss and warned that failure to do so could result in the application being deemed abandoned.

The applicant failed to file a reply or communicate with the Tribunal.

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

Pamela Lahey v. Canadian Mental Health Association, 2014 HRTO 948

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 Tribunal contacted the applicant multiple times to confirm her intention to proceed with the application or withdraw it.

The applicant failed to respond to the Tribunal's written directions or file a formal request to withdraw.

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

Bowen v. Brantford Police Services Board, 2014 HRTO 943

David Muir

Request to reactivate deferred human rights application denied due to ongoing concurrent grievance arbitration.

The applicant filed a Request for Order During Proceeding seeking to reactivate his human rights application, which had been deferred pending the conclusion of a related grievance arbitration.

The applicant argued that the arbitration had been delayed.

The Tribunal dismissed the request, finding that the orderly administration of justice favoured deferral due to the substantial overlap in facts and issues between the application and the ongoing grievance proceeding.

Blackburn v. Toronto District School Board, 2014 HRTO 941

Maria Kotsopolous

2 cases2010–2014

David Muir

HRTOHuman Rights Tribunal of OntarioJun 25, 2014

Human rights application dismissed at summary hearing for failing to link complaints to Code grounds.

The applicant filed a human rights application alleging discrimination and reprisal against a housing co-operative and its property management.

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

The applicant's complaints centered on the co-op's decision to evict a resource centre and alleged unfair management, but she could not point to any evidence linking these actions to a protected ground under the Human Rights Code.

The Tribunal also found no evidence that the alleged reprisal was in response to the applicant asserting her Code rights.

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

Officer v. Lom Nava Cooperative Home Inc. Board of Directors, 2014 HRTO 934

David Muir

Deferred human rights application reactivated following conclusion of WSIAT proceeding.

The applicant filed a Request for Order During Proceedings to reactivate his human rights application, which had been deferred pending the completion of a Workplace Safety and Insurance Appeals Tribunal (WSIAT) proceeding.

The WSIAT proceeding concluded with the applicant deemed to have abandoned his appeal.

The respondent did not respond to the request.

The Tribunal found it appropriate to reactivate the application and directed the Registrar to schedule a two-day hearing.

Tesfamariam v. Camcor Manufacturing, 2014 HRTO 932

David Muir

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

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

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

The applicant failed to respond to the NOID within the required time.

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

Deb Bhattacherjee v. Capreit, 2014 HRTO 927

David Muir

HRTOHuman Rights Tribunal of OntarioJun 23, 2014

Vexatious litigant's requests for leave to file 12 new human rights applications denied.

The applicant, previously declared a vexatious litigant, sought leave to file 12 new applications with the Human Rights Tribunal of Ontario.

The Tribunal had previously ordered that any future applications must include submissions explaining why they are legitimate assertions of Code rights, not intended to vex respondents, and not an abuse of process.

The applicant submitted identical requests for all 12 proposed applications without referencing their specific facts.

The Tribunal found that the applicant failed to meet the burden imposed by the prior order, as the proposed applications lacked factual connection to the Code and resembled his previous abusive filings.

The requests for leave were denied.

Clive Roy v. Named Respondents, 2014 HRTO 917

David Muir

HRTOHuman Rights Tribunal of OntarioJun 19, 2014

Human rights application dismissed because applicant commenced a civil action seeking identical relief.

The applicant filed a human rights application alleging discrimination by the respondents.

The Tribunal issued a Notice of Intent to Dismiss because the applicant had commenced a civil class action lawsuit seeking damages for the identical violations of the Human Rights Code.

Despite the applicant's assertion that it was withdrawing from the civil action, no evidence of withdrawal was provided.

The Tribunal dismissed the application under section 34(11) of the Code, which prohibits an application if a civil proceeding seeking an order under section 46.1 has been commenced and not finally determined or withdrawn.

Black Action Defense Committee v. Toronto Police Services Board, 2014 HRTO 907

David Muir

Human rights application allowed to proceed past preliminary stage; potential deferral pending grievance.

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

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed beyond the one-year time limit under section 34 of the Human Rights Code.

The applicant submitted that his disability prevented timely filing.

The Tribunal found it was not plain and obvious that the application was outside its jurisdiction and directed that it be processed.

As a related grievance proceeding was ongoing, the Tribunal directed the parties to object to deferral within 7 days, failing which the application would be deferred under section 45.

Wise v. Aramark Canada Ltd., 2014 HRTO 874

David Muir

In Private Practice12 cases2013–2026

Human rights application dismissed as abandoned after applicant failed to attend preliminary hearing or substantiate emergency.

The applicant filed an application alleging discrimination with respect to goods and services because of disability.

A preliminary hearing was scheduled by telephone conference call.

The applicant's litigation guardian contacted the Tribunal and the respondent shortly before the hearing to advise they could not attend due to a family emergency.

The Tribunal treated the communication as a request for an adjournment and directed the applicant to provide information substantiating the emergency.

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

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

L.C. v. Toronto District School Board, 2014 HRTO 873

Tatha Swann

David Muir

HRTOHuman Rights Tribunal of OntarioJun 11, 2014

Reconsideration granted to set aside dismissal caused by administrative error; summary hearing scheduled.

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

The Tribunal found that the applicant had in fact responded to the Tribunal's directions, but his response was not before the adjudicator due to an administrative error.

The Tribunal granted the reconsideration, set aside the dismissal, and granted the respondent's request to schedule a summary hearing to address issues of delay and reasonable prospect of success.

The Tribunal also permitted the applicant to file a request to amend his application to add new grounds and a new respondent.

Peshimam v. Toronto Transit Commission, 2014 HRTO 864

Applicant

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

Counsel

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

Joan TakahashiCounsel
1 appearance
Andrew T. GrahamCounsel
1 appearance

for Allstate Insurance Company of Canada

William M. SproullCounsel
3 appearances
Richard HorstCounsel
3 appearances
Todd J. McCarthyCounsel
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.

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

Karoline ChanCounsel
1 appearance
Jason BehoeCounsel
1 appearance

for Guarantee Company of North America

Adrian WillsherCounsel
1 appearance

for HealthCare of Ontario Pension Plan

Catherine PollackCounsel
1 appearance
Marc RodrigueCounsel
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

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

for himself

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

Marla CoxCounsel
1 appearance
Talaal BondCounsel
1 appearance
Thomas PercivalCounsel
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
Dwaine BurnsCounsel
1 appearance
Wayne EdwardsCounsel
1 appearance
Michael J. HucklackCounsel
1 appearance
George O. FrankCounsel
1 appearance
Michael J. HuclackCounsel
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

Vikram KapurCounsel
1 appearance
Idan ErezCounsel
1 appearance

for Mr. Mazumder

Donna BruceCounsel
1 appearance
Tania AstorinoCounsel
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

Michael BennettCounsel
1 appearance
David F. MacDonaldCounsel
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

Yola VentrescaCounsel
1 appearance
John JudsonCounsel
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
James LeoneCounsel
1 appearance
Alexander CurryCounsel
1 appearance
Cary SchneiderCounsel
1 appearance
Neil Colville-ReevesCounsel
1 appearance
Darrell MarchCounsel
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
Darrell MarchCounsel
1 appearance
George MekarisCounsel
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
Fil FalboUnion representative
1 appearance
Dave SteeleCounsel
1 appearance
Dave SteeleUnion representative
1 appearance
Rebecca LeeCounsel
1 appearance
Nicole ButtCounsel
1 appearance
Howard GoldblattCounsel
1 appearance
Patrick GroomCounsel
1 appearance

for the applicant

Alana FenwickSelf-represented
1 appearance
Nancy GrangerCounsel
1 appearance

for the Applicant

Wayne FerronSelf-represented
7 appearances
Cecil NormanAgent
6 appearances
Peggy HarrypersadSelf-represented
5 appearances
Nohemy CunninghamSelf-represented
4 appearances
Sandra McArthur-CalhounSelf-represented
4 appearances
Self-representedSelf-represented
4 appearances
John R. EvansCounsel
3 appearances
Andrew L. LukachkoSelf-represented
3 appearances
Robert CameronSelf-represented
3 appearances
Alexandre PapouchineSelf-represented
3 appearances
Grace PermaulCounsel
3 appearances
John NahirnySelf-represented
3 appearances
Brenda CulbertCounsel
3 appearances
Clive RoySelf-represented
3 appearances
Giuseppe MassaSelf-represented
3 appearances
Chris SurowiakAgent
3 appearances
John EvansCounsel
2 appearances
Angela L. BrowneAgent
2 appearances
Dobroslavka BabicSelf-represented
2 appearances
Peter KhaiterSelf-represented
2 appearances

for the Applicant Mike Khoury

Yu-Sung SohCounsel
1 appearance

for the Applicants

Self-representedSelf-represented
2 appearances
Doug McleodCounsel
1 appearance
Benjamin RiesCounsel
1 appearance
Shiping LiSelf-represented
1 appearance
Qiying JinSelf-represented
1 appearance
Dianne RobinsonAgent
1 appearance
Erich SchultzeAgent
1 appearance
Nathan KorenbergParalegal
1 appearance
Michael KatzmanCounsel
1 appearance
Nicole SimesCounsel
1 appearance
W.F.Self-represented
1 appearance
Mr. VillellaAgent
1 appearance

for the Applicant Scott Strang

Eli GedalofCounsel
1 appearance

for The Automobile Insurance Company of Hartford, Connecticut

Julian R.G. ThomasCounsel
1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Karen SargeantCounsel
1 appearance
Nicole SinghCounsel
1 appearance

for The Corporation of the Town of Midland, HGR Graham Partners LLP, and Midland Service Ontario Centre

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

for The Crown in Right of Ontario as represented by the Minister of Finance, Respondent

Lori PatykCounsel
1 appearance
Jessica FioreCounsel
1 appearance

for the Crown in Right of Ontario as represented by the Ministry of the Attorney General

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

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

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

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

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
Roy FilionCounsel
4 appearances
David PatacairkCounsel
4 appearances
Melanie HerbinCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Patricia MurrayCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Greg BullenCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Pauline KwanCounsel
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

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

for the Respondent(s)

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

for the Respondents

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

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

Andy PushalikCounsel
1 appearance
Christine LeblancCounsel
1 appearance

for the Social Benefits Tribunal and Social Justice Tribunals of Ontario

Asad MotenCounsel
1 appearance

for the TPA respondents

Caroline v. (Nini) JonesCounsel
1 appearance

for the TPSB respondents

Omo AkintanCounsel
1 appearance

for the TPSOA respondents

Ian RolandCounsel
1 appearance

for the United Food and Commercial Workers Union, Local 175

Sandra ColeAgent
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for Toronto District School Board

Glorie AlfredCounsel
1 appearance

for Traders General Insurance Company

Mark DonaldsonCounsel
1 appearance

for University Health Network

Jacqueline SilveraAgent
1 appearance

for Waste Management of Canada Corporation

Seann D. McAleeseCounsel
1 appearance

for Wawanesa Mutual Insurance Company

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

Melanie MalachCounsel
1 appearance
Jennifer GuthCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

Kathryn J. BirdCounsel
1 appearance
Neal SommerCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

/Adjudicator

David Muir — Vice-Chair

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

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

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

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

David Muir

HRTOHuman Rights Tribunal of OntarioJul 10, 2014

Human rights application regarding restricted access to apprehended grandchild dismissed for no reasonable prospect of success.

The applicant alleged discrimination on the basis of ancestry, family status, and association after her grandchild was apprehended by a children's aid society, resulting in restricted access.

The Tribunal held a summary hearing and dismissed the application.

The allegations regarding the apprehension were previously dismissed in a related application by the child's mother, making this claim an abuse of process with no reasonable prospect of success.

S.G. v. Ontario (Children and Youth Services), 2014 HRTO 1009

David Muir

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

The Tribunal issued a Notice of Intent to Dismiss because the application failed to identify specific acts of discrimination connected to Code grounds.

Finding no connection between the allegations and the Code, the Tribunal dismissed the application at a preliminary stage for lack of jurisdiction.

Massa v. Ontario (Community Safety and Correctional Services), 2014 HRTO 1003

David Muir

Human rights application dismissed at preliminary stage for failing to connect allegations to Code grounds.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application failed to identify specific acts of discrimination connected to the Code.

Finding no connection between the respondents' alleged actions and the cited Code grounds, the Tribunal dismissed the application as being outside its jurisdiction.

Massa v. Upper Thames Conservation Authority, 2014 HRTO 1002

David Muir

Interim remedy to leave work early for Sabbath preparation denied for failing to meet onus.

Amanda Henry v. City of Toronto, 2014 HRTO 991

Robert L. Whittaker

2 cases2012–2014

David Muir

Human rights application reactivated without objection following conclusion of WSIA proceeding.

The respondent did not object to the request.

The Tribunal granted the request and reactivated the application, directing the Registrar to schedule a two-day hearing.

Daniel v. St. Thomas Elgin General Hospital, 2014 HRTO 990

David Muir

Applicant's procedural requests for venue change, specific adjudicator, OHRC monitoring, and late amendments denied.

The applicant in a human rights proceeding filed two Requests for Order During Proceeding.

The second request sought to amend the Application to add new grounds.

Katherine Lin Lin v. William Rock Medicine Professional Corporation and William Rock, 2014 HRTO 989

David Muir

HRTOHuman Rights Tribunal of OntarioJul 4, 2014

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

The applicant filed an application under the Human Rights Code regarding a workplace dispute.

The respondents requested deferral of the application pending the conclusion of grievances filed by or on behalf of the applicant under a collective agreement.

Goetz v. Wescast Industries Inc., 2014 HRTO 979

David Muir

HRTOHuman Rights Tribunal of OntarioJul 3, 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 the Tribunal's jurisdiction due to delay.

The applicant failed to respond to the Notice within the required time.

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

Richard Silliker v. Hamilton Municipal Parking System and David Oswald, 2014 HRTO 972

David Muir

HRTOHuman Rights Tribunal of OntarioJul 2, 2014

Request for production of documents denied as irrelevant to the preliminary issue of settlement.

The applicant filed requests for the production of documents ahead of a scheduled preliminary hearing.

The preliminary hearing was set to determine whether a settlement existed between the applicant and the respondent City, and whether the City should be removed as a party.

The Tribunal denied the requests for production, finding that the requested documents were not relevant to the preliminary issues to be addressed.

Hill v. Brantford Police Services Board, 2014 HRTO 962

David Muir

HRTOHuman Rights Tribunal of OntarioJun 27, 2014

Human rights application dismissed as abandoned after the applicant failed to file a reply.

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

In its response, the respondent requested that the application be dismissed because the applicant had signed a full and final release.

The Tribunal directed the applicant to file a reply addressing the request to dismiss and warned that failure to do so could result in the application being deemed abandoned.

The applicant failed to file a reply or communicate with the Tribunal.

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

Pamela Lahey v. Canadian Mental Health Association, 2014 HRTO 948

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 Tribunal contacted the applicant multiple times to confirm her intention to proceed with the application or withdraw it.

The applicant failed to respond to the Tribunal's written directions or file a formal request to withdraw.

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

Bowen v. Brantford Police Services Board, 2014 HRTO 943

David Muir

Request to reactivate deferred human rights application denied due to ongoing concurrent grievance arbitration.

The applicant filed a Request for Order During Proceeding seeking to reactivate his human rights application, which had been deferred pending the conclusion of a related grievance arbitration.

The applicant argued that the arbitration had been delayed.

Blackburn v. Toronto District School Board, 2014 HRTO 941

Maria Kotsopolous

2 cases2010–2014

David Muir

HRTOHuman Rights Tribunal of OntarioJun 25, 2014

Human rights application dismissed at summary hearing for failing to link complaints to Code grounds.

The applicant filed a human rights application alleging discrimination and reprisal against a housing co-operative and its property management.

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

The Tribunal also found no evidence that the alleged reprisal was in response to the applicant asserting her Code rights.

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

Officer v. Lom Nava Cooperative Home Inc. Board of Directors, 2014 HRTO 934

David Muir

Deferred human rights application reactivated following conclusion of WSIAT proceeding.

The WSIAT proceeding concluded with the applicant deemed to have abandoned his appeal.

The respondent did not respond to the request.

The Tribunal found it appropriate to reactivate the application and directed the Registrar to schedule a two-day hearing.

Tesfamariam v. Camcor Manufacturing, 2014 HRTO 932

David Muir

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

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

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

The applicant failed to respond to the NOID within the required time.

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

Deb Bhattacherjee v. Capreit, 2014 HRTO 927

David Muir

HRTOHuman Rights Tribunal of OntarioJun 23, 2014

Vexatious litigant's requests for leave to file 12 new human rights applications denied.

The applicant, previously declared a vexatious litigant, sought leave to file 12 new applications with the Human Rights Tribunal of Ontario.

The applicant submitted identical requests for all 12 proposed applications without referencing their specific facts.

The requests for leave were denied.

Clive Roy v. Named Respondents, 2014 HRTO 917

David Muir

HRTOHuman Rights Tribunal of OntarioJun 19, 2014

Human rights application dismissed because applicant commenced a civil action seeking identical relief.

The applicant filed a human rights application alleging discrimination by the respondents.

The Tribunal issued a Notice of Intent to Dismiss because the applicant had commenced a civil class action lawsuit seeking damages for the identical violations of the Human Rights Code.

Despite the applicant's assertion that it was withdrawing from the civil action, no evidence of withdrawal was provided.

Black Action Defense Committee v. Toronto Police Services Board, 2014 HRTO 907

David Muir

Human rights application allowed to proceed past preliminary stage; potential deferral pending grievance.

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

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed beyond the one-year time limit under section 34 of the Human Rights Code.

The applicant submitted that his disability prevented timely filing.

The Tribunal found it was not plain and obvious that the application was outside its jurisdiction and directed that it be processed.

As a related grievance proceeding was ongoing, the Tribunal directed the parties to object to deferral within 7 days, failing which the application would be deferred under section 45.

Wise v. Aramark Canada Ltd., 2014 HRTO 874

David Muir

In Private Practice12 cases2013–2026

Human rights application dismissed as abandoned after applicant failed to attend preliminary hearing or substantiate emergency.

The applicant filed an application alleging discrimination with respect to goods and services because of disability.

A preliminary hearing was scheduled by telephone conference call.

The applicant's litigation guardian contacted the Tribunal and the respondent shortly before the hearing to advise they could not attend due to a family emergency.

The Tribunal treated the communication as a request for an adjournment and directed the applicant to provide information substantiating the emergency.

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

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

L.C. v. Toronto District School Board, 2014 HRTO 873

Tatha Swann

David Muir