David Muir

HRTOHuman Rights Tribunal of OntarioSep 19, 2017

Adjournment granted on terms due to applicant's medical condition; indefinite adjournment denied.

The applicant requested an indefinite adjournment of the scheduled hearing for medical reasons, providing a medical note indicating upcoming surgeries and a consultation with a pain specialist.

The respondent opposed the request and sought dismissal of the application due to the applicant's failure to comply with pre-hearing disclosure obligations.

The Tribunal granted the adjournment request, finding that the medical information raised a serious issue regarding the applicant's ability to proceed, but declined to adjourn the matter indefinitely.

The Tribunal ordered the applicant to provide updated medical information by a specified date indicating his availability for a hearing.

Aron Kadis v. Ryerson University, 2017 HRTO 1237

David Muir

HRTOHuman Rights Tribunal of OntarioSep 13, 2017

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

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

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to the Tribunal's correspondence directing her to advise of her intentions regarding the application.

The Tribunal deemed the application abandoned and dismissed it.

Lehman v. Royal Bear Childcare Centre, 2017 HRTO 1202

David Muir

HRTOHuman Rights Tribunal of OntarioSep 12, 2017

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

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

The Tribunal issued a Notice of Intent to Dismiss the application because it appeared the matter may be outside its jurisdiction.

The applicant failed to respond to the Notice or communicate with the Tribunal.

The application was deemed abandoned and dismissed.

Buffy Ainsworth v. Legacy Health and Performance, 2017 HRTO 1192

David Muir

HRTOHuman Rights Tribunal of OntarioSep 5, 2017

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

The applicant filed multiple applications alleging discrimination on the basis of disability, claiming she was excluded from applying for jobs due to driver's license requirements and from seeking accommodation due to no-pet policies.

The Tribunal issued Case Assessment Directions requiring the applicant to explain how her applications differed from a recently dismissed similar case.

The applicant failed to respond to the Directions or contact the Tribunal.

Consequently, the applications were deemed abandoned and dismissed.

Bourdeau v. Board of Management of the Toronto Zoo, 2017 HRTO 1149

David Muir

HRTOHuman Rights Tribunal of OntarioSep 1, 2017

Extension of time to file Response granted due to sudden death of respondent's principal.

The applicant alleged discrimination in housing accommodation.

The organizational respondent requested an extension of time to file its Response due to the sudden death of its principal and the existence of a concurrent proceeding at the Landlord and Tenant Board.

The Tribunal granted the extension, finding no substantial prejudice to any party, and directed the respondents to file their Responses by a specified date.

Lancelot Kelly v. Bajwa Consultants Incorporated, 2017 HRTO 1138

David Muir

HRTOHuman Rights Tribunal of OntarioAug 16, 2017

Human rights application dismissed for lack of jurisdiction due to concurrent civil proceeding.

The applicant filed a human rights application alleging employment discrimination based on colour, ethnic origin, and race.

Subsequently, the applicant commenced a civil proceeding against the respondent seeking damages for the same alleged violations of the Human Rights Code.

The Tribunal found that the allegations in the civil claim were indistinguishable from the Application.

Applying section 34(11) of the Code, the Tribunal held that it lacked jurisdiction to proceed, as the civil action was ongoing.

The Application was dismissed.

Jacob Thottan v. Skywave Mobile Communications Inc., 2017 CanLII 54185

David Muir

Practising Law - Employed34 cases2010–2017

Reconsideration request denied as applicant failed to meet threshold criteria and attempted to re-argue decided issues.

The applicant requested a reconsideration of a Tribunal decision dismissing her human rights application, arguing that her right to a fair trial was violated when the respondent breached an exclusion order during the hearing.

The Tribunal found that the applicant was attempting to re-argue issues already addressed in the original decision, where the adjudicator had determined the breach was inadvertent and caused no harm.

The request for reconsideration was denied as the applicant failed to meet the threshold criteria under Rule 26.5.

Saunders v. Monkey See Monkey Do, 2017 HRTO 1048

David Gourlay

David Muir

Reconsideration request denied; applicant failed to prove he was given incorrect hearing date.

The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application as abandoned after he failed to attend a scheduled summary hearing.

The applicant claimed Tribunal staff had given him the wrong date for the hearing.

The Tribunal found the applicant's assertion to be bald and unsupported, noting his history of making false assertions about Tribunal staff.

The request for reconsideration was denied as the applicant failed to meet the threshold criteria under Rule 26.5.

Conde v. Toronto Police Services Board, 2017 HRTO 1046

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 despite multiple notices sent by mail, email, and courier.

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

Jason Frenza v. East Side Marios Millcroft, 2017 HRTO 1044

David Muir

HRTOHuman Rights Tribunal of OntarioAug 8, 2017

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

The application was previously deferred pending the conclusion of related legal proceedings.

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

The applicant failed to respond to the Tribunal's correspondence sent by regular mail and email.

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

Denis Manit8abe8ich v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Natural Resources and Forestry, and Derek Hebner, 2017 HRTO 1020

David Muir

HRTOHuman Rights Tribunal of OntarioAug 4, 2017

Application dismissed as abandoned after the applicant failed to respond to Tribunal communications.

The applicant failed to respond to multiple communications from the Tribunal requesting mutually agreeable dates to reschedule the hearing.

The Tribunal directed the applicant to confirm his intentions and warned that failure to respond could result in the Application being dismissed as abandoned.

The applicant did not respond.

The Tribunal found that the applicant abandoned the Application and dismissed it.

Samson Tsegayewendenmagenhu v. Vertica Resident Services Inc., 2017 HRTO 1006

David Muir

Tribunal denies applicant's requests for anonymization, publication ban, and removal of internet postings.

The applicant in two human rights applications filed several Requests for Order During Proceeding, seeking anonymization, a publication ban, and an order requiring the respondents to remove internet postings about her.

The Tribunal denied the requests, finding no extraordinary circumstances to justify departing from the open court principle.

The Tribunal also found no evidence linking the respondents to the internet postings and noted it lacked authority to order the amendment of a police occurrence report.

The requests were dismissed, with other procedural issues deferred to a summary hearing.

Nadire Atas v. Toronto Police Services Board, 2017 HRTO 995

Request to reactivate deferred human rights application denied due to ongoing related child protection proceedings.

The respondent Children's Aid Society of Ottawa filed a Request for Order During Proceeding to reactivate a human rights application that had been deferred pending the conclusion of related child protection proceedings.

The applicant supported reactivation, while the respondent Children and Family Services for York Region opposed it.

The Tribunal dismissed the request, finding it inappropriate to reactivate the application or carve out the moving party while the court proceedings, which deal with the same facts and raise the potential for inconsistent results, remain ongoing.

A.T. v. Children’s Aid Society of Ottawa, 2017 HRTO 994

Nicole Butt

Kathryn L. Meehan

12 cases2006–2025

David Muir

In Private Practice15 cases1983–2017

Human rights application deferred pending conclusion of concurrent grievance arbitration.

The applicant filed a human rights application against the respondent hospital.

The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of an ongoing grievance proceeding.

The applicant opposed deferral, arguing that the grievance did not capture all issues and could be held in abeyance.

The Tribunal found that the issues in the grievance were largely identical to those in the application and deferred the application to avoid concurrent legal proceedings and duplicative use of resources.

Ariss v. St Mary's General Hospital, 2017 HRTO 992

Eric T. Gresham

9 cases2008–2020

David Deluzio

David Muir

Human rights application regarding termination dismissed under s. 45.1 as substance was dealt with by Employment Standards Officer.

The applicant alleged that his employment was terminated in reprisal for seeking accommodation and raising health concerns, and that he was harassed and not accommodated.

The respondent sought to dismiss the application under section 45.1 of the Human Rights Code, arguing the substance had been dealt with by an Employment Standards Officer (ESO) and the WSIB.

The Tribunal found that the ESO's decision, which concluded the applicant was guilty of wilful misconduct and neglect of duty, appropriately dealt with the termination and reprisal allegations.

Those aspects of the application were dismissed.

However, the Tribunal found the accommodation issues prior to termination were not fully addressed and ordered a summary hearing to determine if they had a reasonable prospect of success.

Dia Mossa v. Presstran Industries, a division of Magna Structural Systems Inc., 2017 HRTO 990

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to directions regarding a release.

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

The respondent filed a Response asserting that the applicant had signed a Full and Final Release and sought dismissal.

The applicant failed to file a Reply despite multiple directions and warnings from the Tribunal.

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

Nicholas McAndry v. CRS Contractors Rental Supply, 2017 HRTO 989

David Muir

Practising Law - Employed2 cases2014–2017

Human rights application dismissed for lack of employment relationship and no evidence of disability discrimination.

The applicant, a former board member of a non-profit organization, alleged discrimination in employment based on disability against another board member.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.

The applicant failed to provide evidence connecting the alleged mistreatment to her disability, and the Tribunal found no employment relationship existed between the two board members.

Bark v. Mack, 2017 HRTO 981

Marcus Mazzucco

David Muir

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

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

A summary hearing was scheduled to determine if the application had no reasonable prospect of success.

The applicant failed to attend the scheduled telephone conference hearing and did not communicate with the Tribunal.

The application was dismissed as abandoned.

Paul Rooney v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care, 2017 HRTO 980

Phillip Chan

David Muir

HRTOHuman Rights Tribunal of OntarioJul 24, 2017

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

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

A summary hearing was scheduled to determine if the application had no reasonable prospect of success.

The applicant failed to attend the scheduled telephone conference hearing and did not communicate with the Tribunal.

The application was dismissed as abandoned.

Stevens v. Toronto Police Services, 2017 HRTO 932

Avneet Grewal

Practising Law - Employed4 cases2010–2017

David Muir

HRTOHuman Rights Tribunal of OntarioJul 20, 2017

Human rights application dismissed at preliminary stage for having no reasonable prospect of success.

The applicant, an occasional teacher, alleged discrimination and reprisal after being removed from the occasional teachers list for failing to re-register for the academic year.

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

The Tribunal dismissed the application, finding that the applicant could not point to any evidence linking his dismissal, his inability to secure permanent employment, or alleged record alterations to his Indigenous ancestry or a prior complaint.

Jerome v. Toronto District School Board, 2017 HRTO 906

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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
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
Louis SokolovCounsel
2 appearances
Cathy PikeCounsel
2 appearances
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Paul O’RyanCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Quadira JacksonCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Insiya EssajeeCounsel
1 appearance
Elizabeth NurseCounsel
1 appearance
Rick LaporteUnion representative
1 appearance
Jerry RasoCounsel
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
Jon CannSelf-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
Roy FilionCounsel
4 appearances
David PatacairkCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Steve LavenderCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Greg BullenCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Sari SpringerCounsel
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)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Robert WeirCounsel
1 appearance
Beverly BanksAgent
1 appearance
Glenn K. L. ChuCounsel
1 appearance
Derek L. RogersCounsel
1 appearance
Casey PicardAgent
1 appearance
James BallCounsel
1 appearance
Frank ChengAgent
1 appearance
1818224 Ontario Limited o/a Country Style DonutSelf-represented
1 appearance
Kristin A. LeyCounsel
1 appearance
Nelda LozinskiSelf-represented
1 appearance
David GourlayCounsel
1 appearance
Terry TaylorSelf-represented
1 appearance
Brenda BowlbyCounsel
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

Jennifer GuthCounsel
1 appearance
Melanie MalachCounsel
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

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

Dolores Barbini

13 cases1994–2021

David Muir

HRTOHuman Rights Tribunal of OntarioSep 19, 2017

Adjournment granted on terms due to applicant's medical condition; indefinite adjournment denied.

The applicant requested an indefinite adjournment of the scheduled hearing for medical reasons, providing a medical note indicating upcoming surgeries and a consultation with a pain specialist.

The respondent opposed the request and sought dismissal of the application due to the applicant's failure to comply with pre-hearing disclosure obligations.

The Tribunal ordered the applicant to provide updated medical information by a specified date indicating his availability for a hearing.

Aron Kadis v. Ryerson University, 2017 HRTO 1237

David Muir

HRTOHuman Rights Tribunal of OntarioSep 13, 2017

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

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

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to the Tribunal's correspondence directing her to advise of her intentions regarding the application.

The Tribunal deemed the application abandoned and dismissed it.

Lehman v. Royal Bear Childcare Centre, 2017 HRTO 1202

David Muir

HRTOHuman Rights Tribunal of OntarioSep 12, 2017

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

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

The Tribunal issued a Notice of Intent to Dismiss the application because it appeared the matter may be outside its jurisdiction.

The applicant failed to respond to the Notice or communicate with the Tribunal.

The application was deemed abandoned and dismissed.

Buffy Ainsworth v. Legacy Health and Performance, 2017 HRTO 1192

David Muir

HRTOHuman Rights Tribunal of OntarioSep 5, 2017

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

The Tribunal issued Case Assessment Directions requiring the applicant to explain how her applications differed from a recently dismissed similar case.

The applicant failed to respond to the Directions or contact the Tribunal.

Consequently, the applications were deemed abandoned and dismissed.

Bourdeau v. Board of Management of the Toronto Zoo, 2017 HRTO 1149

David Muir

HRTOHuman Rights Tribunal of OntarioSep 1, 2017

Extension of time to file Response granted due to sudden death of respondent's principal.

The applicant alleged discrimination in housing accommodation.

The Tribunal granted the extension, finding no substantial prejudice to any party, and directed the respondents to file their Responses by a specified date.

Lancelot Kelly v. Bajwa Consultants Incorporated, 2017 HRTO 1138

David Muir

HRTOHuman Rights Tribunal of OntarioAug 16, 2017

Human rights application dismissed for lack of jurisdiction due to concurrent civil proceeding.

The applicant filed a human rights application alleging employment discrimination based on colour, ethnic origin, and race.

Subsequently, the applicant commenced a civil proceeding against the respondent seeking damages for the same alleged violations of the Human Rights Code.

The Tribunal found that the allegations in the civil claim were indistinguishable from the Application.

Applying section 34(11) of the Code, the Tribunal held that it lacked jurisdiction to proceed, as the civil action was ongoing.

The Application was dismissed.

Jacob Thottan v. Skywave Mobile Communications Inc., 2017 CanLII 54185

David Muir

Practising Law - Employed34 cases2010–2017

Reconsideration request denied as applicant failed to meet threshold criteria and attempted to re-argue decided issues.

The Tribunal found that the applicant was attempting to re-argue issues already addressed in the original decision, where the adjudicator had determined the breach was inadvertent and caused no harm.

The request for reconsideration was denied as the applicant failed to meet the threshold criteria under Rule 26.5.

Saunders v. Monkey See Monkey Do, 2017 HRTO 1048

David Gourlay

David Muir

Reconsideration request denied; applicant failed to prove he was given incorrect hearing date.

The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application as abandoned after he failed to attend a scheduled summary hearing.

The applicant claimed Tribunal staff had given him the wrong date for the hearing.

The Tribunal found the applicant's assertion to be bald and unsupported, noting his history of making false assertions about Tribunal staff.

The request for reconsideration was denied as the applicant failed to meet the threshold criteria under Rule 26.5.

Conde v. Toronto Police Services Board, 2017 HRTO 1046

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 despite multiple notices sent by mail, email, and courier.

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

Jason Frenza v. East Side Marios Millcroft, 2017 HRTO 1044

David Muir

HRTOHuman Rights Tribunal of OntarioAug 8, 2017

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

The application was previously deferred pending the conclusion of related legal proceedings.

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

The applicant failed to respond to the Tribunal's correspondence sent by regular mail and email.

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

Denis Manit8abe8ich v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Natural Resources and Forestry, and Derek Hebner, 2017 HRTO 1020

David Muir

HRTOHuman Rights Tribunal of OntarioAug 4, 2017

Application dismissed as abandoned after the applicant failed to respond to Tribunal communications.

The applicant failed to respond to multiple communications from the Tribunal requesting mutually agreeable dates to reschedule the hearing.

The Tribunal directed the applicant to confirm his intentions and warned that failure to respond could result in the Application being dismissed as abandoned.

The applicant did not respond.

The Tribunal found that the applicant abandoned the Application and dismissed it.

Samson Tsegayewendenmagenhu v. Vertica Resident Services Inc., 2017 HRTO 1006

David Muir

Tribunal denies applicant's requests for anonymization, publication ban, and removal of internet postings.

The Tribunal denied the requests, finding no extraordinary circumstances to justify departing from the open court principle.

The Tribunal also found no evidence linking the respondents to the internet postings and noted it lacked authority to order the amendment of a police occurrence report.

The requests were dismissed, with other procedural issues deferred to a summary hearing.

Nadire Atas v. Toronto Police Services Board, 2017 HRTO 995

Carole Jenkins

38 cases2001–2026

Amelia Daurio

4 cases2015–2017

David Muir

Request to reactivate deferred human rights application denied due to ongoing related child protection proceedings.

The applicant supported reactivation, while the respondent Children and Family Services for York Region opposed it.

A.T. v. Children’s Aid Society of Ottawa, 2017 HRTO 994

Nicole Butt

Kathryn L. Meehan

12 cases2006–2025

David Muir

In Private Practice15 cases1983–2017

Human rights application deferred pending conclusion of concurrent grievance arbitration.

The applicant filed a human rights application against the respondent hospital.

The Tribunal issued a Notice of Intent to Defer the application pending the conclusion of an ongoing grievance proceeding.

The applicant opposed deferral, arguing that the grievance did not capture all issues and could be held in abeyance.

Ariss v. St Mary's General Hospital, 2017 HRTO 992

Eric T. Gresham

9 cases2008–2020

David Deluzio

David Muir

Human rights application regarding termination dismissed under s. 45.1 as substance was dealt with by Employment Standards Officer.

The applicant alleged that his employment was terminated in reprisal for seeking accommodation and raising health concerns, and that he was harassed and not accommodated.

The respondent sought to dismiss the application under section 45.1 of the Human Rights Code, arguing the substance had been dealt with by an Employment Standards Officer (ESO) and the WSIB.

The Tribunal found that the ESO's decision, which concluded the applicant was guilty of wilful misconduct and neglect of duty, appropriately dealt with the termination and reprisal allegations.

Those aspects of the application were dismissed.

However, the Tribunal found the accommodation issues prior to termination were not fully addressed and ordered a summary hearing to determine if they had a reasonable prospect of success.

Dia Mossa v. Presstran Industries, a division of Magna Structural Systems Inc., 2017 HRTO 990

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to directions regarding a release.

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

The respondent filed a Response asserting that the applicant had signed a Full and Final Release and sought dismissal.

The applicant failed to file a Reply despite multiple directions and warnings from the Tribunal.

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

Nicholas McAndry v. CRS Contractors Rental Supply, 2017 HRTO 989

David Muir

Practising Law - Employed2 cases2014–2017

Human rights application dismissed for lack of employment relationship and no evidence of disability discrimination.

The applicant, a former board member of a non-profit organization, alleged discrimination in employment based on disability against another board member.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.

The applicant failed to provide evidence connecting the alleged mistreatment to her disability, and the Tribunal found no employment relationship existed between the two board members.

Bark v. Mack, 2017 HRTO 981

Marcus Mazzucco

David Muir

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

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

A summary hearing was scheduled to determine if the application had no reasonable prospect of success.

The applicant failed to attend the scheduled telephone conference hearing and did not communicate with the Tribunal.

The application was dismissed as abandoned.

Paul Rooney v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care, 2017 HRTO 980

Phillip Chan

David Muir

HRTOHuman Rights Tribunal of OntarioJul 24, 2017

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

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

A summary hearing was scheduled to determine if the application had no reasonable prospect of success.

The applicant failed to attend the scheduled telephone conference hearing and did not communicate with the Tribunal.

The application was dismissed as abandoned.

Stevens v. Toronto Police Services, 2017 HRTO 932

Avneet Grewal

Practising Law - Employed4 cases2010–2017

David Muir