David Muir

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

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

The respondent requested the application be dismissed, arguing the applicant had signed a full and final release.

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

The applicant failed to respond or communicate with the Tribunal.

As a result, the Tribunal found the application to be abandoned and dismissed it.

Tanya McLean v. APAC Customer Services Ltd., 2014 HRTO 862

David Muir

Tribunal proceeds with human rights application undefended after respondents fail to file a Response.

The applicant filed an application alleging discrimination in employment based on disability.

The respondents failed to file a Response to the Application despite receiving notice and a subsequent direction from the Tribunal.

Pursuant to Rule 5.5 of the Tribunal's Rules of Procedure, the Tribunal decided to proceed without the respondents' participation, deeming them to have waived their right to notice and to have accepted all allegations set out in the Application.

Tammy Pelletier v. Andy Myers Lodge and Julien Kalka, 2014 HRTO 861

David Muir

Practising Law - Employed3 cases2009–2014

Human rights application deferred pending conclusion of concurrent grievance proceeding regarding dismissal.

The applicant filed a human rights application alleging discrimination and reprisal regarding his dismissal from employment.

The Tribunal issued a Notice of Intent to Defer because the dismissal was also the subject of an ongoing grievance.

The respondent supported deferral, while the applicant opposed it.

The Tribunal deferred the application, noting the substantial overlap in facts and issues and the risk of inconsistent results and misuse of resources.

Devon Nicholson v. The City of Ottawa (Parks Recreation and Cultural Services), 2014 HRTO 852

Glenn Wheeler

David Muir

Human rights application against union dismissed as out of time and lacking reasonable prospect of success.

The applicant, a constituency assistant, was dismissed after his spouse was elected as the MPP for the riding, pursuant to a rule prohibiting MPPs from employing their spouses.

He filed a human rights application alleging discrimination on the basis of family status against his union for failing to grieve his dismissal.

The Tribunal held a summary hearing and dismissed the application, finding that the allegations regarding the 2011 dismissal were filed outside the one-year time limit.

Furthermore, the Tribunal found no reasonable prospect of success, as the union's decision not to grieve was based on legal advice regarding the interaction of the collective agreement and the spousal employment prohibition, which is consistent with section 24(1)(d) of the Human Rights Code.

Johnson v. The Canadian Office and Professional Employees Union Ontario, 2014 HRTO 854

David Muir

Application dismissed as abandoned after applicant failed to respond to Tribunal directions regarding jurisdiction.

The applicant filed an application alleging age discrimination in employment.

The Tribunal issued a Notice of Intent to Dismiss, noting that one respondent appeared to be federally regulated and the application lacked specific allegations.

The applicant was directed to confirm his intent to proceed and provide submissions.

When the applicant failed to comply with the Tribunal's directions, the application was deemed abandoned and dismissed.

Eshagh Mojlaj v. Rogers Communications Inc. and Procom Consulting Group, 2014 HRTO 849

David Muir

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

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

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 initial notice and a subsequent direction.

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

Angela Akow-Haskins v. National Student Loans Services Centre et al., 2014 HRTO 846

Request to dismiss application as abuse of process denied; no binding settlement agreement reached.

The respondents requested that the human rights application be dismissed as an abuse of process, arguing the parties had reached a binding settlement agreement.

The Tribunal found that the applicant had not accepted an essential term regarding the tax treatment of the severance payment, meaning no binding agreement existed.

The respondents' request was denied.

A separate request by the applicant for document production was resolved after the respondents confirmed they had produced all arguably relevant documents.

Barrett v. Willis Canada Inc., 2014 HRTO 834

David Muir

HRTOHuman Rights Tribunal of OntarioJun 3, 2014

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

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

A summary hearing was scheduled by telephone conference call.

The applicant failed to attend the hearing and did not communicate with the Tribunal to explain his absence.

The application was dismissed as abandoned.

John Battaglio v. Workplace Safety and Insurance Appeals Tribunal, 2014 HRTO 784

David Muir

Adjournment granted due to personal respondent's family medical emergency.

The personal respondent requested an adjournment of the human rights hearing due to a serious illness in her immediate family.

The applicant opposed the adjournment, while the organizational respondent supported it.

The Tribunal granted the adjournment, finding that the personal respondent's family medical issues prevented her from fully participating in the process, and directed the respondents to provide an update on her availability within 60 days.

Akinretoye v. Admiral Inn, 2014 HRTO 782

David Muir

Adjournment request denied; parties must retain counsel available on previously scheduled hearing dates.

The respondents filed a Request for Order During Proceeding seeking an adjournment of two scheduled hearing dates because their newly retained counsel was unavailable.

The Tribunal denied the request, noting that when a party changes or retains counsel after hearing dates have been set in consultation with that party, they are expected to retain representation available on the scheduled dates.

The respondents' related request for an extension of time to file documents was also denied.

Aaron Morrell v. 2156775 Ontario Inc. o/a D’Angelo Brands and Frank D’Angelo, 2014 HRTO 777

David Muir

Reconsideration of withdrawal denied; change of mind does not justify reopening a withdrawn application.

The applicant requested to withdraw her human rights application during a hearing, which the Tribunal accepted on a with prejudice basis.

Two days later, the applicant sought to rescind her withdrawal, arguing she did not have time to make a proper decision.

The Tribunal treated the request as a Request for Reconsideration under Rule 26.5.

The Tribunal denied the request, finding that the applicant was given time to consider her decision and contact advisors, but declined to do so.

A mere change of mind is not a basis for reconsidering the Tribunal's decision.

Jamal v. Ryerson University, 2014 HRTO 774

Kathryn J. Bird

23 cases2009–2026

David Muir

Human rights application regarding inadequate home care services dismissed for lack of evidence of discrimination.

The applicant, a person with mobility issues, filed a human rights application alleging discrimination in the provision of home care services by the respondent.

The respondent requested a summary hearing to dismiss the application.

The Tribunal found that the applicant's complaints related to inadequate and sub-standard service delivery, rather than differential treatment based on her disability.

As there was no reasonable prospect of proving discrimination under the Human Rights Code, the application was dismissed.

Belsito v. Red Cross Care Partners, 2014 HRTO 771

Gerry Falletta

4 cases2014–2023

David Muir

HRTOHuman Rights Tribunal of OntarioMay 28, 2014

Human rights application dismissed for delay as post-employment social media conduct did not engage employment protections.

The applicant, who identifies as a gay man, alleged discrimination in employment based on sexual orientation, gender expression, and gender identity during his time as a volunteer with the respondent organization.

The employment relationship ended in June 2011, but the application was not filed until December 2012.

The applicant relied on post-employment incidents, including social media comments and actions in other legal proceedings, to bring the application within the one-year limitation period.

The Tribunal found that the post-employment conduct was not connected to the social area of employment.

As the application was filed more than 12 months after the last incident of employment discrimination and no explanation for the delay was provided, the application was dismissed as out of time.

Mills v. Historia Specialized Care Inc., 2014 HRTO 763

David Muir

HRTOHuman Rights Tribunal of OntarioMay 27, 2014

Reconsideration of damages award for breach of settlement denied; no conflict with established jurisprudence shown.

The respondents requested a reconsideration of a Tribunal decision that awarded the applicant $1,000 in damages for breach of a settlement.

The respondents argued the damage award was inconsistent with Tribunal case law and improperly accounted for legal expenses.

The Tribunal denied the request, finding the respondents failed to point to any conflicting jurisprudence or demonstrate a clear and surprising departure from established legal rules regarding damages.

Nedschati v. 1557859 Ontario Inc., 2014 HRTO 754

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 issued a Notice of Intent to Defer, to which the applicant did not respond.

The respondents subsequently filed a Request for Order During Proceedings seeking dismissal on jurisdictional grounds.

After the applicant failed to respond to the Tribunal's direction to provide submissions, the application was deemed abandoned and dismissed.

Adrian Mapp v. Servisair Inc. and Franceso Fera, 2014 HRTO 743

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 the application because it appeared to be outside the Tribunal's jurisdiction.

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

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

Crans v. Pet Valu, 2014 HRTO 741

David Muir

Human rights application dismissed as abandoned after applicant failed to provide updated contact information.

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

The Tribunal previously deferred the application pending another legal proceeding.

After mail sent to the applicant was returned, the Tribunal directed the applicant to provide updated contact information and confirm his intent to proceed, warning that failure to do so could result in the application being determined without further notice.

The applicant failed to respond or contact the Tribunal.

Consequently, the application was deemed abandoned and dismissed.

Stephen Wooff v. Ottawa Police Service, 2014 HRTO 735

David Muir

Practising Law - Employed5 cases2014–2017

Human rights application dismissed as abandoned after applicant failed to provide respondent's contact information.

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

The Tribunal issued a Notice of Intent to Defer and later requested contact information for the respondent, as mail sent to the respondent was returned.

The applicant failed to respond to the Tribunal's directions to provide a current address for the respondent.

Consequently, the application was deemed abandoned and dismissed.

Stephen Wooff v. John Coon, 2014 HRTO 734

Amal Chaudry

David Muir

Human rights application alleging discrimination in workplace accommodation dismissed for having no reasonable prospect of success.

The applicant, a Correctional Officer, alleged discrimination in employment on the basis of disability, race, and colour regarding the employer's interpretation of her medical restrictions and subsequent reassignment to visitor reception.

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

The Tribunal found that the employer accommodated the applicant's restrictions and that her claims of differential treatment based on race and colour were purely speculative.

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

Carmen Wint-Inglis v. Ontario (Community Safety and Correctional Services), 2014 HRTO 733

David Muir

HRTOHuman Rights Tribunal of OntarioMay 21, 2014

Human rights application dismissed as abandoned after applicant failed to maintain current contact information.

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

The Tribunal attempted to contact the applicant multiple times by mail, but the correspondence was returned as 'return to sender'.

The respondent Ministry advised that the applicant was no longer in custody at the address provided.

After the applicant failed to respond to a direction to update his contact information, the Tribunal deemed the application abandoned and dismissed it.

Stephen Wooff v. Ottawa Carleton Detention Centre, 2014 HRTO 723

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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
Kevin GriffithsCounsel
1 appearance
James V. LeoneCounsel
1 appearance

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

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

Elliot SpearsCounsel
1 appearance
Ross GowerCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
Melanie HerbinCounsel
4 appearances
David PatacairkCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Steve LavenderCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Greg BullenCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Sari SpringerCounsel
2 appearances
James HeeneyCounsel
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
Mireille KhoraychCounsel
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
Joseph N. TasconaCounsel
2 appearances
Patricia G. MurrayCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Karen EnsslenCounsel
1 appearance
Katherine PollockCounsel
1 appearance
Melanie Borowicz-SibenikCounsel
1 appearance
Sheryl L. JohnsonCounsel
1 appearance
Steve WilliamsCounsel
1 appearance
Meredith GaydaCounsel
1 appearance
Paula M. RusakCounsel
1 appearance
Stephen ShortCounsel
1 appearance
Michelle AltonCounsel
1 appearance
Barry J. BrownCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance
Craig R. ColraineCounsel
1 appearance

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

Andrea DonevanCounsel
1 appearance
Antonella CeddiaCounsel
1 appearance

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

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

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

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

Darrell MarchCounsel
1 appearance
Donald G. CormackCounsel
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

Jennifer GuthCounsel
1 appearance
Melanie MalachCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

David Muir

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

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

The respondent requested the application be dismissed, arguing the applicant had signed a full and final release.

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

The applicant failed to respond or communicate with the Tribunal.

As a result, the Tribunal found the application to be abandoned and dismissed it.

Tanya McLean v. APAC Customer Services Ltd., 2014 HRTO 862

David Muir

Tribunal proceeds with human rights application undefended after respondents fail to file a Response.

The applicant filed an application alleging discrimination in employment based on disability.

The respondents failed to file a Response to the Application despite receiving notice and a subsequent direction from the Tribunal.

Tammy Pelletier v. Andy Myers Lodge and Julien Kalka, 2014 HRTO 861

David Muir

Practising Law - Employed3 cases2009–2014

Human rights application deferred pending conclusion of concurrent grievance proceeding regarding dismissal.

The applicant filed a human rights application alleging discrimination and reprisal regarding his dismissal from employment.

The Tribunal issued a Notice of Intent to Defer because the dismissal was also the subject of an ongoing grievance.

The respondent supported deferral, while the applicant opposed it.

The Tribunal deferred the application, noting the substantial overlap in facts and issues and the risk of inconsistent results and misuse of resources.

Devon Nicholson v. The City of Ottawa (Parks Recreation and Cultural Services), 2014 HRTO 852

Glenn Wheeler

David Muir

Human rights application against union dismissed as out of time and lacking reasonable prospect of success.

The applicant, a constituency assistant, was dismissed after his spouse was elected as the MPP for the riding, pursuant to a rule prohibiting MPPs from employing their spouses.

He filed a human rights application alleging discrimination on the basis of family status against his union for failing to grieve his dismissal.

The Tribunal held a summary hearing and dismissed the application, finding that the allegations regarding the 2011 dismissal were filed outside the one-year time limit.

Johnson v. The Canadian Office and Professional Employees Union Ontario, 2014 HRTO 854

David Muir

Application dismissed as abandoned after applicant failed to respond to Tribunal directions regarding jurisdiction.

The applicant filed an application alleging age discrimination in employment.

The Tribunal issued a Notice of Intent to Dismiss, noting that one respondent appeared to be federally regulated and the application lacked specific allegations.

The applicant was directed to confirm his intent to proceed and provide submissions.

When the applicant failed to comply with the Tribunal's directions, the application was deemed abandoned and dismissed.

Eshagh Mojlaj v. Rogers Communications Inc. and Procom Consulting Group, 2014 HRTO 849

David Muir

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

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

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 initial notice and a subsequent direction.

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

Angela Akow-Haskins v. National Student Loans Services Centre et al., 2014 HRTO 846

Malcolm J. McKillop

1 case2014–2014

Connie Reeve

8 cases2001–2014

David Muir

HRTOHuman Rights Tribunal of OntarioJun 9, 2014

Request to dismiss application as abuse of process denied; no binding settlement agreement reached.

The respondents requested that the human rights application be dismissed as an abuse of process, arguing the parties had reached a binding settlement agreement.

The Tribunal found that the applicant had not accepted an essential term regarding the tax treatment of the severance payment, meaning no binding agreement existed.

The respondents' request was denied.

A separate request by the applicant for document production was resolved after the respondents confirmed they had produced all arguably relevant documents.

Barrett v. Willis Canada Inc., 2014 HRTO 834

David Muir

HRTOHuman Rights Tribunal of OntarioJun 3, 2014

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

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

A summary hearing was scheduled by telephone conference call.

The applicant failed to attend the hearing and did not communicate with the Tribunal to explain his absence.

The application was dismissed as abandoned.

John Battaglio v. Workplace Safety and Insurance Appeals Tribunal, 2014 HRTO 784

David Muir

Adjournment granted due to personal respondent's family medical emergency.

The personal respondent requested an adjournment of the human rights hearing due to a serious illness in her immediate family.

The applicant opposed the adjournment, while the organizational respondent supported it.

Akinretoye v. Admiral Inn, 2014 HRTO 782

David Muir

Adjournment request denied; parties must retain counsel available on previously scheduled hearing dates.

The respondents filed a Request for Order During Proceeding seeking an adjournment of two scheduled hearing dates because their newly retained counsel was unavailable.

The respondents' related request for an extension of time to file documents was also denied.

Aaron Morrell v. 2156775 Ontario Inc. o/a D’Angelo Brands and Frank D’Angelo, 2014 HRTO 777

David Muir

Reconsideration of withdrawal denied; change of mind does not justify reopening a withdrawn application.

The applicant requested to withdraw her human rights application during a hearing, which the Tribunal accepted on a with prejudice basis.

Two days later, the applicant sought to rescind her withdrawal, arguing she did not have time to make a proper decision.

The Tribunal treated the request as a Request for Reconsideration under Rule 26.5.

The Tribunal denied the request, finding that the applicant was given time to consider her decision and contact advisors, but declined to do so.

A mere change of mind is not a basis for reconsidering the Tribunal's decision.

Jamal v. Ryerson University, 2014 HRTO 774

Kathryn J. Bird

23 cases2009–2026

David Muir

Human rights application regarding inadequate home care services dismissed for lack of evidence of discrimination.

The applicant, a person with mobility issues, filed a human rights application alleging discrimination in the provision of home care services by the respondent.

The respondent requested a summary hearing to dismiss the application.

The Tribunal found that the applicant's complaints related to inadequate and sub-standard service delivery, rather than differential treatment based on her disability.

As there was no reasonable prospect of proving discrimination under the Human Rights Code, the application was dismissed.

Belsito v. Red Cross Care Partners, 2014 HRTO 771

Gerry Falletta

4 cases2014–2023

David Muir

HRTOHuman Rights Tribunal of OntarioMay 28, 2014

Human rights application dismissed for delay as post-employment social media conduct did not engage employment protections.

The employment relationship ended in June 2011, but the application was not filed until December 2012.

The applicant relied on post-employment incidents, including social media comments and actions in other legal proceedings, to bring the application within the one-year limitation period.

The Tribunal found that the post-employment conduct was not connected to the social area of employment.

As the application was filed more than 12 months after the last incident of employment discrimination and no explanation for the delay was provided, the application was dismissed as out of time.

Mills v. Historia Specialized Care Inc., 2014 HRTO 763

David Muir

HRTOHuman Rights Tribunal of OntarioMay 27, 2014

Reconsideration of damages award for breach of settlement denied; no conflict with established jurisprudence shown.

The respondents requested a reconsideration of a Tribunal decision that awarded the applicant $1,000 in damages for breach of a settlement.

The respondents argued the damage award was inconsistent with Tribunal case law and improperly accounted for legal expenses.

Nedschati v. 1557859 Ontario Inc., 2014 HRTO 754

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 issued a Notice of Intent to Defer, to which the applicant did not respond.

The respondents subsequently filed a Request for Order During Proceedings seeking dismissal on jurisdictional grounds.

After the applicant failed to respond to the Tribunal's direction to provide submissions, the application was deemed abandoned and dismissed.

Adrian Mapp v. Servisair Inc. and Franceso Fera, 2014 HRTO 743

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 the application because it appeared to be outside the Tribunal's jurisdiction.

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

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

Crans v. Pet Valu, 2014 HRTO 741

David Muir

Human rights application dismissed as abandoned after applicant failed to provide updated contact information.

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

The Tribunal previously deferred the application pending another legal proceeding.

The applicant failed to respond or contact the Tribunal.

Consequently, the application was deemed abandoned and dismissed.

Stephen Wooff v. Ottawa Police Service, 2014 HRTO 735

David Muir

Practising Law - Employed5 cases2014–2017

Human rights application dismissed as abandoned after applicant failed to provide respondent's contact information.

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

The Tribunal issued a Notice of Intent to Defer and later requested contact information for the respondent, as mail sent to the respondent was returned.

The applicant failed to respond to the Tribunal's directions to provide a current address for the respondent.

Consequently, the application was deemed abandoned and dismissed.

Stephen Wooff v. John Coon, 2014 HRTO 734

Amal Chaudry

David Muir

Human rights application alleging discrimination in workplace accommodation dismissed for having no reasonable prospect of success.

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

The Tribunal found that the employer accommodated the applicant's restrictions and that her claims of differential treatment based on race and colour were purely speculative.

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

Carmen Wint-Inglis v. Ontario (Community Safety and Correctional Services), 2014 HRTO 733

David Muir