David Muir

HRTOHuman Rights Tribunal of OntarioApr 23, 2014

Tribunal declined to dismiss application at preliminary stage, finding jurisdiction not plainly lacking.

The applicant filed an application alleging discrimination with respect to employment because of family status.

The Tribunal issued a Notice of Intent to Dismiss, questioning its jurisdiction as the application did not identify specific acts of discrimination.

After receiving the applicant's submissions, the Tribunal found it was not plain and obvious that the application was outside its jurisdiction.

The application was ordered to be delivered to the respondent.

Norma Lowe Klein v. College of Dental Hygienists of Ontario, 2014 HRTO 563

Request to amend remedies granted; issue of adding individual respondent deferred.

The applicant filed a Request for Order seeking to add the principal owner of the respondent corporation as an individual respondent and to substantially amend the remedies sought in her human rights application.

The respondent opposed the amendment to remedies, arguing it affected its risk assessment and mediation position.

The Tribunal granted the request to amend the remedies, finding no prejudice as a hearing date had not yet been set and the Tribunal is not bound by the remedies sought in the application.

The issue of adding the individual respondent was deferred to the parties or the hearing adjudicator.

Julie Villeneuve v. 1379157 Ontario Inc., 2014 HRTO 556

David Muir

HRTOHuman Rights Tribunal of OntarioApr 16, 2014

Human rights application deferred pending conclusion of concurrent grievance arbitration raising same discrimination issues.

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

The respondent sought early dismissal or deferral of the application pending the conclusion of a concurrent grievance arbitration.

The Tribunal found substantial overlap between the facts and issues in the application and the grievance, which also alleged discrimination.

The Tribunal deferred the application pending the completion of the grievance process.

Picard v. Thunder Bay Catholic District School Board, 2014 HRTO 552

David Muir

HRTOHuman Rights Tribunal of OntarioApr 14, 2014

Human rights applications dismissed as abandoned after applicants failed to file a Reply.

The applicants filed applications under section 34 of the Human Rights Code.

The respondent requested dismissal based on the defence in section 18.1 of the Code.

The Tribunal directed the applicants to file a Reply addressing the request to dismiss, warning that failure to do so could result in the applications being dismissed as abandoned.

The applicants failed to file a Reply within the required time.

The Tribunal dismissed the applications as abandoned.

Commandant v. Harris, 2014 HRTO 538

David Muir

HRTOHuman Rights Tribunal of OntarioApr 11, 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 the application on the basis that it appeared to be outside the Tribunal's jurisdiction.

The applicant was directed to respond but failed to do so.

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

Glenn Jennings v. Amy Lo, 2014 HRTO 516

David Muir

Vexatious litigant's new applications held in abeyance; communication restricted to regular mail to prevent abuse.

The applicant, previously declared a vexatious litigant, filed nine new applications alleging discrimination against various respondents.

The Tribunal found that these applications followed the same pattern of serial, unsupported allegations that led to the prior vexatious litigant declaration.

The Tribunal ordered that the applications were incomplete and would not be processed until the applicant complied with the requirement to seek leave and demonstrate the applications were not an abuse of process.

Furthermore, to prevent ongoing abuse of process, the Tribunal directed that the applicant may only communicate with the Tribunal by regular mail.

Roy v. Social Benefits Tribunal, 2014 HRTO 449

David Muir

Application alleging breach of settlement dismissed as abandoned after applicant failed to respond to directions.

The applicant filed an application alleging that the respondents breached a settlement agreement.

After the Tribunal issued multiple Case Assessment Directions requiring the applicant to respond to the respondents' submissions and proposals, the applicant failed to communicate with the Tribunal.

Consequently, the Tribunal dismissed the application as abandoned.

Donevan v. University of Windsor, 2014 HRTO 443

David Muir

Tribunal declined to make anticipatory order preventing future applications upon withdrawal of current application.

The applicant filed a Request to Withdraw the Application on the scheduled date for a Summary Hearing.

The respondent sought an order preventing the applicant from filing a future application on the same facts, arguing it would be an abuse of process.

The Tribunal denied the respondent's request, noting it does not normally make anticipatory orders, but allowed the respondent to renew the request if a future application is filed.

The Application was withdrawn.

Adrian Flores v. Delta Elevator Company Ltd., 2014 HRTO 440

David Muir

HRTOHuman Rights Tribunal of OntarioMar 27, 2014

Tribunal dismissed 2010 discrimination allegations as out of time but allowed 2013 allegations to proceed.

The applicant filed a human rights application alleging discrimination in employment based on incidents in 2010 and 2013.

The Tribunal issued a Notice of Intent to Dismiss regarding the 2010 allegations as they appeared to be filed beyond the one-year limitation period.

The applicant provided no explanation for the delay concerning the 2010 incident.

The Tribunal dismissed the 2010 allegations as out of time with no good faith explanation for the delay, while allowing the 2013 allegations to proceed to the next stage.

Hans Felix v. Canadian Tire Corporation, 2014 HRTO 438

David Muir

Human rights application deferred pending conclusion of concurrent criminal proceedings involving overlapping facts.

The Tribunal issued a Notice of Intent to Defer the human rights application pending the conclusion of a concurrent criminal proceeding against the personal respondent for sexual assault and criminal harassment.

The organizational respondent opposed deferral, arguing the remedies in the two proceedings were different.

The Tribunal deferred the application, finding that the subject matter largely overlapped and deferral was appropriate to avoid inconsistent results on critical facts.

Crystal Park v. Discount Car and Truck Rentals and Jerico Joshua Rosete, 2014 HRTO 429

David Muir

Request to amend human rights application granted on consent.

The applicant filed an Application alleging discrimination in employment on the basis of disability.

Following an unsuccessful mediation, the applicant filed a Request for Order During Proceedings to amend the Application to clarify and add to her allegations and amend the remedies sought.

The respondent consented to the amendments, reserving the right to respond after documentary disclosure.

The Tribunal granted the Request on consent.

Habib v. Costco Wholesale Canada Ltd., 2014 HRTO 425

David Muir

Tribunal declined to dismiss human rights application at preliminary stage for apparent delay.

The applicant filed a human rights application alleging employment discrimination based on colour, race, family status, and reprisal.

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.

After reviewing the applicant's written submissions explaining the delay, the Tribunal found it was not plain and obvious that the application was outside its jurisdiction.

The Tribunal directed that the application be delivered to the respondent.

Dupé v. Youth Unlimited, 2014 HRTO 420

David Muir

Notice of Intent to Dismiss for delay not granted; application to proceed to respondent.

The applicant filed an application alleging discrimination in employment on the basis of family status.

The Tribunal issued a Notice of Intent to Dismiss (NOID) due to potential delay.

After reviewing the applicant's response, the Tribunal found it was not plain and obvious at this preliminary stage that the application was outside its jurisdiction.

The application was ordered to be delivered to the respondent.

Stefanie Van Dalen v. Cowan Insurance Group, 2014 HRTO 419

David Muir

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

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

The Tribunal had previously deferred the application pending the conclusion of a Workplace Safety and Insurance Act proceeding.

The Tribunal subsequently wrote to the applicant requesting an update on the status of the other proceeding and warning that failure to respond could result in dismissal.

The applicant failed to respond or communicate with the Tribunal.

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

Richard Cull v. Alliance Forming Ltd., 2014 HRTO 417

David Muir

Respondent ordered to immediately produce arguably relevant documents after failing to comply with Tribunal Rules.

The applicant filed a Request for Order During Proceeding seeking an order requiring the respondent to deliver all arguably relevant documents in its possession, as required by Rule 16.1 of the Tribunal's Rules.

The respondent failed to respond to the Request or provide the documents by the deadline.

The Tribunal ordered the respondent to immediately deliver the documents, noting that consequences for failing to comply with the Rules could be addressed at the hearing.

Austin v. Byron Freehouse Inc., 2014 HRTO 413

David Muir

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

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

After the respondent requested to reschedule mediation, the Tribunal directed the parties to select new dates.

The applicant failed to respond to this direction and a subsequent warning letter.

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

Joseph Walter Petrie v. Big Rig Brewery and Kitchen, 2014 HRTO 409

Jason Green

15 cases2006–2014

David Muir

Request for document production denied as premature because the underlying human rights application was deferred.

The applicant filed a Request for Order During Proceeding seeking the production of documents in a human rights application that had been previously deferred pending the conclusion of a grievance arbitration.

The respondents opposed the request.

The Tribunal denied the request as premature because the application remained deferred, noting that the applicant could bring the application back on after the grievance process concluded.

Karol Sadowski v. City of Hamilton and Patricia Tompkins, 2014 HRTO 405

David Muir

Practising Law - Employed4 cases2008–2016

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

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

The parties agreed to mediation, but the respondent requested a rescheduling.

The Tribunal directed the parties to select new dates, but the applicant failed to respond.

After a subsequent warning that the application would be deemed abandoned if no response was received, the applicant still did not respond.

The Tribunal deemed the application abandoned and dismissed it.

Grant Cave v. Brockville General Hospital, 2014 HRTO 400

Sonia Regenborgen

1 case2014–2014

Danielle Young

David Muir

Human rights application alleging discrimination in disability benefits process dismissed for no reasonable prospect of success.

The applicant alleged discrimination in employment on the basis of disability, claiming she was improperly asked questions about her disability by the respondent insurer when applying for short-term disability benefits.

The respondents requested a summary hearing to dismiss the application.

The Tribunal found that the applicant received her full entitlement to benefits and failed to provide facts that could link the requests for information to a Code violation.

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

Betta Dalfuoco v. Birks and Mayors Inc. and the Standard Life Assurance Company of Canada, 2014 HRTO 397

David Muir

Employment and Labour Law

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

The applicant filed a human rights application which was deferred pending the conclusion of a grievance arbitration.

The Tribunal later requested an update on the status of the arbitration, warning that failure to respond could result in abandonment.

The applicant did not respond, while the respondent confirmed a settlement had been reached in the arbitration.

The Tribunal deemed the application abandoned and dismissed it.

Patrick Perrier v. Lear Canada, 2014 HRTO 396

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Jessica AmeyCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Quadira JacksonCounsel
1 appearance
Rick LaporteUnion representative
1 appearance
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Insiya EssajeeCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Elizabeth NurseCounsel
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

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
Melanie HerbinCounsel
4 appearances
David PatacairkCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Greg BullenCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Brian O’ByrneCounsel
1 appearance
Brian SilvaCounsel
1 appearance
Bruce CowleyAgent
1 appearance
Bruce EllisCounsel
1 appearance
Carolyn KayCounsel
1 appearance
Catherine PowellCounsel
1 appearance

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Patricia G. MurrayCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Craig R. ColraineCounsel
1 appearance
Darragh MeagherCounsel
1 appearance
David AmyotCounsel
1 appearance
David GourlayCounsel
1 appearance
David MigicovskyCounsel
1 appearance
David PatacairkCounsel
1 appearance
Derek L. RogersCounsel
1 appearance
Derek TrueloveCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Edward J. PosliffCounsel
1 appearance
Elizabeth J. McIntyreCounsel
1 appearance
Erin R. KuzzAgent
1 appearance
Eshiva EisenbergAgent
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

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

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

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

Kathryn J. BirdCounsel
1 appearance
Neal SommerCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

/Adjudicator

David Muir — Vice-Chair

Human Rights

Administrative Law

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 OntarioApr 23, 2014

Tribunal declined to dismiss application at preliminary stage, finding jurisdiction not plainly lacking.

The applicant filed an application alleging discrimination with respect to employment because of family status.

The Tribunal issued a Notice of Intent to Dismiss, questioning its jurisdiction as the application did not identify specific acts of discrimination.

After receiving the applicant's submissions, the Tribunal found it was not plain and obvious that the application was outside its jurisdiction.

The application was ordered to be delivered to the respondent.

Norma Lowe Klein v. College of Dental Hygienists of Ontario, 2014 HRTO 563

Chantal Tie

30 cases2001–2017

Alayna Miller

Practising Law - Employed13 cases2011–2019

David Muir

HRTOHuman Rights Tribunal of OntarioApr 22, 2014

Request to amend remedies granted; issue of adding individual respondent deferred.

The respondent opposed the amendment to remedies, arguing it affected its risk assessment and mediation position.

The Tribunal granted the request to amend the remedies, finding no prejudice as a hearing date had not yet been set and the Tribunal is not bound by the remedies sought in the application.

The issue of adding the individual respondent was deferred to the parties or the hearing adjudicator.

Julie Villeneuve v. 1379157 Ontario Inc., 2014 HRTO 556

David Muir

HRTOHuman Rights Tribunal of OntarioApr 16, 2014

Human rights application deferred pending conclusion of concurrent grievance arbitration raising same discrimination issues.

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

The respondent sought early dismissal or deferral of the application pending the conclusion of a concurrent grievance arbitration.

The Tribunal found substantial overlap between the facts and issues in the application and the grievance, which also alleged discrimination.

The Tribunal deferred the application pending the completion of the grievance process.

Picard v. Thunder Bay Catholic District School Board, 2014 HRTO 552

David Muir

HRTOHuman Rights Tribunal of OntarioApr 14, 2014

Human rights applications dismissed as abandoned after applicants failed to file a Reply.

The applicants filed applications under section 34 of the Human Rights Code.

The respondent requested dismissal based on the defence in section 18.1 of the Code.

The Tribunal directed the applicants to file a Reply addressing the request to dismiss, warning that failure to do so could result in the applications being dismissed as abandoned.

The applicants failed to file a Reply within the required time.

The Tribunal dismissed the applications as abandoned.

Commandant v. Harris, 2014 HRTO 538

David Muir

HRTOHuman Rights Tribunal of OntarioApr 11, 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 the application on the basis that it appeared to be outside the Tribunal's jurisdiction.

The applicant was directed to respond but failed to do so.

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

Glenn Jennings v. Amy Lo, 2014 HRTO 516

David Muir

Vexatious litigant's new applications held in abeyance; communication restricted to regular mail to prevent abuse.

The applicant, previously declared a vexatious litigant, filed nine new applications alleging discrimination against various respondents.

The Tribunal found that these applications followed the same pattern of serial, unsupported allegations that led to the prior vexatious litigant declaration.

Furthermore, to prevent ongoing abuse of process, the Tribunal directed that the applicant may only communicate with the Tribunal by regular mail.

Roy v. Social Benefits Tribunal, 2014 HRTO 449

David Muir

Application alleging breach of settlement dismissed as abandoned after applicant failed to respond to directions.

The applicant filed an application alleging that the respondents breached a settlement agreement.

After the Tribunal issued multiple Case Assessment Directions requiring the applicant to respond to the respondents' submissions and proposals, the applicant failed to communicate with the Tribunal.

Consequently, the Tribunal dismissed the application as abandoned.

Donevan v. University of Windsor, 2014 HRTO 443

David Muir

Tribunal declined to make anticipatory order preventing future applications upon withdrawal of current application.

The applicant filed a Request to Withdraw the Application on the scheduled date for a Summary Hearing.

The respondent sought an order preventing the applicant from filing a future application on the same facts, arguing it would be an abuse of process.

The Tribunal denied the respondent's request, noting it does not normally make anticipatory orders, but allowed the respondent to renew the request if a future application is filed.

The Application was withdrawn.

Adrian Flores v. Delta Elevator Company Ltd., 2014 HRTO 440

David Muir

HRTOHuman Rights Tribunal of OntarioMar 27, 2014

Tribunal dismissed 2010 discrimination allegations as out of time but allowed 2013 allegations to proceed.

The applicant filed a human rights application alleging discrimination in employment based on incidents in 2010 and 2013.

The Tribunal issued a Notice of Intent to Dismiss regarding the 2010 allegations as they appeared to be filed beyond the one-year limitation period.

The applicant provided no explanation for the delay concerning the 2010 incident.

The Tribunal dismissed the 2010 allegations as out of time with no good faith explanation for the delay, while allowing the 2013 allegations to proceed to the next stage.

Hans Felix v. Canadian Tire Corporation, 2014 HRTO 438

David Muir

Human rights application deferred pending conclusion of concurrent criminal proceedings involving overlapping facts.

The organizational respondent opposed deferral, arguing the remedies in the two proceedings were different.

The Tribunal deferred the application, finding that the subject matter largely overlapped and deferral was appropriate to avoid inconsistent results on critical facts.

Crystal Park v. Discount Car and Truck Rentals and Jerico Joshua Rosete, 2014 HRTO 429

David Muir

Request to amend human rights application granted on consent.

The applicant filed an Application alleging discrimination in employment on the basis of disability.

Following an unsuccessful mediation, the applicant filed a Request for Order During Proceedings to amend the Application to clarify and add to her allegations and amend the remedies sought.

The respondent consented to the amendments, reserving the right to respond after documentary disclosure.

The Tribunal granted the Request on consent.

Habib v. Costco Wholesale Canada Ltd., 2014 HRTO 425

David Muir

Tribunal declined to dismiss human rights application at preliminary stage for apparent delay.

The applicant filed a human rights application alleging employment discrimination based on colour, race, family status, and reprisal.

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.

After reviewing the applicant's written submissions explaining the delay, the Tribunal found it was not plain and obvious that the application was outside its jurisdiction.

The Tribunal directed that the application be delivered to the respondent.

Dupé v. Youth Unlimited, 2014 HRTO 420

David Muir

Notice of Intent to Dismiss for delay not granted; application to proceed to respondent.

The applicant filed an application alleging discrimination in employment on the basis of family status.

The Tribunal issued a Notice of Intent to Dismiss (NOID) due to potential delay.

After reviewing the applicant's response, the Tribunal found it was not plain and obvious at this preliminary stage that the application was outside its jurisdiction.

The application was ordered to be delivered to the respondent.

Stefanie Van Dalen v. Cowan Insurance Group, 2014 HRTO 419

David Muir

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

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

The Tribunal had previously deferred the application pending the conclusion of a Workplace Safety and Insurance Act proceeding.

The Tribunal subsequently wrote to the applicant requesting an update on the status of the other proceeding and warning that failure to respond could result in dismissal.

The applicant failed to respond or communicate with the Tribunal.

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

Richard Cull v. Alliance Forming Ltd., 2014 HRTO 417

David Muir

Respondent ordered to immediately produce arguably relevant documents after failing to comply with Tribunal Rules.

The respondent failed to respond to the Request or provide the documents by the deadline.

The Tribunal ordered the respondent to immediately deliver the documents, noting that consequences for failing to comply with the Rules could be addressed at the hearing.

Austin v. Byron Freehouse Inc., 2014 HRTO 413

David Muir

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

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

After the respondent requested to reschedule mediation, the Tribunal directed the parties to select new dates.

The applicant failed to respond to this direction and a subsequent warning letter.

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

Joseph Walter Petrie v. Big Rig Brewery and Kitchen, 2014 HRTO 409

Jason Green

15 cases2006–2014

David Muir

Request for document production denied as premature because the underlying human rights application was deferred.

The respondents opposed the request.

The Tribunal denied the request as premature because the application remained deferred, noting that the applicant could bring the application back on after the grievance process concluded.

Karol Sadowski v. City of Hamilton and Patricia Tompkins, 2014 HRTO 405

David Muir

Practising Law - Employed4 cases2008–2016

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

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

The parties agreed to mediation, but the respondent requested a rescheduling.

The Tribunal directed the parties to select new dates, but the applicant failed to respond.

After a subsequent warning that the application would be deemed abandoned if no response was received, the applicant still did not respond.

The Tribunal deemed the application abandoned and dismissed it.

Grant Cave v. Brockville General Hospital, 2014 HRTO 400

Sonia Regenborgen

1 case2014–2014

Danielle Young

David Muir

Human rights application alleging discrimination in disability benefits process dismissed for no reasonable prospect of success.

The respondents requested a summary hearing to dismiss the application.

The Tribunal found that the applicant received her full entitlement to benefits and failed to provide facts that could link the requests for information to a Code violation.

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

Betta Dalfuoco v. Birks and Mayors Inc. and the Standard Life Assurance Company of Canada, 2014 HRTO 397

David Muir