David Muir

HRTOHuman Rights Tribunal of OntarioFeb 5, 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 (NOID) because the application appeared to be outside its jurisdiction.

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

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

Sabo v. Lowes Canada, 2014 HRTO 168

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 4, 2014

Respondent deemed to have accepted human rights allegations after failing to file a Response.

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

The respondent failed to file a Response despite multiple directions and warnings from the Tribunal.

The Tribunal ordered that the respondent is deemed to have accepted all allegations and waived all rights to notice or participation, and scheduled a case management teleconference to determine next steps.

Malek Bouraoui v. Ottawa Valley Cleaning and Restoration, 2014 HRTO 164

Requests by both parties to amend their respective pleadings granted.

The applicant filed a Request for Order During Proceeding to amend the remedies sought in their human rights application.

The respondents subsequently filed a Request to amend their response to address the altered remedies, to which the applicant consented.

The Tribunal granted both requests.

James Caldwell v. Steve’s Automotive Ltd., 2014 HRTO 152

David Muir

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

The applicant filed an application under the Human Rights Code.

The respondent requested dismissal under s. 45.1, arguing another proceeding had dealt with the matter.

The Tribunal directed the applicant to file a Reply.

After granting an extension, the applicant failed to file a Reply or communicate further.

The Tribunal deemed the application abandoned and dismissed it.

Scott v. Otter Creek Co-operative Homes Inc., 2014 HRTO 149

David Muir

In Private Practice41 cases2005–2025

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

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

The respondent sought dismissal under section 45.1, arguing the substance had been dealt with in another proceeding.

The Tribunal directed the applicant to file submissions in response, warning that failure to do so could result in the application being dismissed as abandoned.

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

Consequently, the application was deemed abandoned and dismissed.

Meagan Keller v. Camcor Manufacturing, 2014 HRTO 147

Geoff Jeoffrey

1 case2014–2014

Bay Ryley

David Muir

Request for publication ban and anonymization denied as applicant failed to establish exceptional circumstances.

The applicant filed a Request for Order During Proceeding seeking a publication ban and anonymization of her name in the Tribunal's decision, citing the stigma attached to mental illness and the potential release of personal medical information.

The respondents did not object but requested that their witnesses also be covered by any such order.

The Tribunal denied the request, finding that the applicant failed to establish exceptional circumstances that would justify overriding the public interest in open and transparent legal proceedings.

Sarah Kettle v. Northern Initiative for Social Action, Shana Calixte and Mike Clarke, 2014 HRTO 136

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.

After her representative withdrew, the applicant failed to provide available dates for mediation or respond to Tribunal directions.

The Tribunal warned the applicant that failure to respond would result in the application being deemed abandoned.

The applicant did not respond, and the Tribunal deemed the application abandoned and dismissed it.

Agnes Tomasevic v. MC Moore Holdings Inc., 2014 HRTO 135

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, directing the applicant to respond by a specified date.

The applicant failed to respond to the NOID.

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

Simpson v. Ontario (Attorney General), 2014 HRTO 118

David Muir

Licence Surrendered - Retired8 cases2009–2017

Request to amend human rights application to add reprisal allegation granted.

The applicant filed a Request for Order During Proceeding to amend her human rights application to include an allegation of reprisal based on the contents of the respondent's Response.

The respondent opposed the request, arguing it would unduly complicate the hearing.

The Tribunal granted the request, noting that the amendment would not unduly lengthen or complicate the hearing or prejudice the respondent, while leaving issues of privilege regarding the pleading's contents to the hearing adjudicator.

Brittney Poissant v. CS Wind Canada Inc., 2014 HRTO 117

Robert Weir

Kate Dearden

Not Practising Law18 cases2012–2020

David Muir

Individual respondents removed from human rights application; request for early disclosure of medical file denied as premature.

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

The respondents brought a request for an interim order to remove the individual respondents and to compel disclosure of the applicant's Occupational Health file.

The Tribunal granted the request to remove the individual respondents, finding that the corporate respondent accepted potential liability and there was no compelling reason to continue against the individuals.

The Tribunal dismissed the request for disclosure of the Occupational Health file as premature, noting that the obligation to disclose arguably relevant documents arises after a Notice of Hearing is issued.

Draven v. The Hospital for Sick Children, 2014 HRTO 114

David Muir

In Private Practice44 cases2011–2026

Request to reactivate deferred human rights application granted following conclusion of parallel proceeding.

The applicant filed a Request for Order During Proceeding to reactivate her human rights application, which had been deferred on consent pending the conclusion of another proceeding.

The respondent did not respond to the request.

The Tribunal granted the request, finding that the other proceeding had concluded and it was appropriate for the application to proceed to the next stage.

Rita Keays v. Hamilton Police Services, 2014 HRTO 112

Doug McLeod

David Muir

Reconsideration request denied; applicant failed to show conflict with jurisprudence or public interest factors.

The applicant requested a reconsideration of an Interim Decision that dismissed her human rights application under section 45.1 of the Code on the basis that the substance of the application had been dealt with in a grievance arbitration review process.

The applicant argued the review process was procedurally unfair and that the Interim Decision conflicted with established jurisprudence.

The Tribunal denied the request, finding no clear departure from established legal rules and concluding that the applicant must accept the consequences of her choice of forum.

Misulki Gleeson v. Kingdom Hotel Toronto Ltd. and United Food and Commercial Workers International Union, Local 333, 2014 HRTO 105

David Muir

HRTOHuman Rights Tribunal of OntarioJan 16, 2014

Request for production of human rights complaints involving witnesses denied as irrelevant to credibility.

The applicant in a human rights proceeding filed a Request for Order During Proceedings seeking the production of various materials, including any human rights complaints made by or against the respondents' witnesses.

The Tribunal denied the request, finding that materials that do not exist cannot be ordered produced, and that unproved allegations involving witnesses are not relevant to their credibility.

The Tribunal also addressed the adequacy of a witness statement provided by a reluctant witness.

Patterson v. Toronto District School Board, 2014 HRTO 66

David Muir

Adjournment of summary hearing denied where applicant raised unspecified health issues and unfounded procedural objections.

The applicant filed 58 applications alleging violations of the Human Rights Code by various respondents.

A summary hearing was scheduled.

The day before the hearing, the applicant filed 35 requests to adjourn the hearing, citing unspecified health issues, a pending privacy complaint, and various procedural objections including allegations of bias.

The Tribunal denied the adjournment request, finding no merit in the procedural objections and noting the lack of specific information regarding the health issues.

Clive Roy v. City of Toronto, 2014 HRTO 65

David Muir

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

The applicants filed applications under section 53(5) of the Human Rights Code, which were deferred pending the conclusion of related civil proceedings.

The Tribunal subsequently directed the parties to provide an update on the status of the civil proceedings, warning that failure to respond could result in dismissal for abandonment.

The applicants failed to respond to the Tribunal's directions or communicate with the Tribunal.

Consequently, the Tribunal found the applications to be abandoned and dismissed them.

McHale v. Ontario (Community Safety and Correctional Services), 2014 HRTO 61

David Muir

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

The applicant filed an application under section 53(5) of the Human Rights Code, which was deferred pending the conclusion of related civil proceedings.

The Tribunal directed the parties to provide an update on the status of the civil proceedings and warned that failure to respond could result in the application being dismissed as abandoned.

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

Consequently, the Tribunal dismissed the application as abandoned.

Donald McBey v. The Gestalt Institute and Joanne Greenham, 2014 HRTO 56

David Muir

HRTOHuman Rights Tribunal of OntarioJan 14, 2014

Request for reconsideration of decision dismissing human rights application for delay denied.

The applicant requested a reconsideration of a Tribunal decision that dismissed its human rights application for being filed outside the mandatory time limit under section 34(1) of the Code.

The applicant argued the decision conflicted with established case law, was unreasonable, and raised allegations of bias against the adjudicator.

The Tribunal found that the applicant was attempting to re-argue points already considered and failed to establish any of the threshold criteria under Rule 26.5 for reconsideration.

The request for reconsideration was denied.

Selkirk Estate v. Ontario (Health), 2014 HRTO 53

David Muir

HRTOHuman Rights Tribunal of OntarioJan 8, 2014

Human rights application dismissed as abandoned after applicant failed to provide respondent's current address.

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

The Tribunal attempted to deliver the application to the respondent, but it was returned marked 'MOVED/UNKNOWN-Business Terminated'.

The applicant was directed to provide a current address but failed to respond.

As the Tribunal was unable to contact the respondent, the application was dismissed as abandoned pursuant to Rule 6.6 of the Tribunal's Rules of Procedure.

Rouwadya Hirmiz v. My Dollar Shop, 2014 HRTO 32

David Muir

Human rights application deferred pending conclusion of related Employment Standards Act claim regarding dismissal.

The respondent requested that the human rights application alleging discrimination in employment be deferred pending the conclusion of a related Employment Standards Act claim regarding the applicant's dismissal.

The Tribunal found that the reasons for the applicant's dismissal would be a central issue in both proceedings.

The Tribunal exercised its discretion to defer the application until the employment standards claim is concluded.

Pratt v. TAG Management, 2014 HRTO 25

David Muir

Employment and Labour Law

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

The applicant filed an application alleging discrimination in employment based on disability, which was deferred pending a grievance arbitration.

After the arbitration concluded, the respondent requested to reactivate and dismiss the application under section 45.1 of the Human Rights Code.

The applicant failed to respond to the respondent's requests and a subsequent Case Assessment Direction.

Consequently, the Tribunal dismissed the application as abandoned.

Jim Tampoulhanas v. City of Toronto, 2014 HRTO 21

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Stephanie HobbsCounsel
1 appearance

for the Intervenor

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

Jon CannSelf-represented
1 appearance
Stephen RobinsonSelf-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
Roy FilionCounsel
4 appearances
Melanie HerbinCounsel
4 appearances
David PatacairkCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Sari SpringerCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Greg BullenCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Jeanine WattCounsel
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

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

for the Respondent(s)

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

for the Respondents

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

Indira HansrajSelf-represented
1 appearance
Jody WilliamsSelf-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
Narine LoojuneSelf-represented
1 appearance
Dhirendra SharmaSelf-represented
1 appearance

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

Kathryn J. BirdCounsel
1 appearance
Neal SommerCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

Al BagherianSelf-represented
1 appearance
Elisabeth MitchinsonSelf-represented
1 appearance
Cathy CharpentierSelf-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 OntarioFeb 5, 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 (NOID) because the application appeared to be outside its jurisdiction.

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

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

Sabo v. Lowes Canada, 2014 HRTO 168

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 4, 2014

Respondent deemed to have accepted human rights allegations after failing to file a Response.

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

The respondent failed to file a Response despite multiple directions and warnings from the Tribunal.

Malek Bouraoui v. Ottawa Valley Cleaning and Restoration, 2014 HRTO 164

Derek Truelove

In Private Practice5 cases2014–2025

Brenda Culbert

Not Practising Law - Employed32 cases2011–2017

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 3, 2014

Requests by both parties to amend their respective pleadings granted.

The applicant filed a Request for Order During Proceeding to amend the remedies sought in their human rights application.

The respondents subsequently filed a Request to amend their response to address the altered remedies, to which the applicant consented.

The Tribunal granted both requests.

James Caldwell v. Steve’s Automotive Ltd., 2014 HRTO 152

David Muir

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

The applicant filed an application under the Human Rights Code.

The respondent requested dismissal under s. 45.1, arguing another proceeding had dealt with the matter.

The Tribunal directed the applicant to file a Reply.

After granting an extension, the applicant failed to file a Reply or communicate further.

The Tribunal deemed the application abandoned and dismissed it.

Scott v. Otter Creek Co-operative Homes Inc., 2014 HRTO 149

David Muir

In Private Practice41 cases2005–2025

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

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

The respondent sought dismissal under section 45.1, arguing the substance had been dealt with in another proceeding.

The Tribunal directed the applicant to file submissions in response, warning that failure to do so could result in the application being dismissed as abandoned.

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

Consequently, the application was deemed abandoned and dismissed.

Meagan Keller v. Camcor Manufacturing, 2014 HRTO 147

Geoff Jeoffrey

1 case2014–2014

Bay Ryley

David Muir

Request for publication ban and anonymization denied as applicant failed to establish exceptional circumstances.

The respondents did not object but requested that their witnesses also be covered by any such order.

The Tribunal denied the request, finding that the applicant failed to establish exceptional circumstances that would justify overriding the public interest in open and transparent legal proceedings.

Sarah Kettle v. Northern Initiative for Social Action, Shana Calixte and Mike Clarke, 2014 HRTO 136

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.

After her representative withdrew, the applicant failed to provide available dates for mediation or respond to Tribunal directions.

The Tribunal warned the applicant that failure to respond would result in the application being deemed abandoned.

The applicant did not respond, and the Tribunal deemed the application abandoned and dismissed it.

Agnes Tomasevic v. MC Moore Holdings Inc., 2014 HRTO 135

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, directing the applicant to respond by a specified date.

The applicant failed to respond to the NOID.

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

Simpson v. Ontario (Attorney General), 2014 HRTO 118

David Muir

Licence Surrendered - Retired8 cases2009–2017

Request to amend human rights application to add reprisal allegation granted.

The applicant filed a Request for Order During Proceeding to amend her human rights application to include an allegation of reprisal based on the contents of the respondent's Response.

The respondent opposed the request, arguing it would unduly complicate the hearing.

Brittney Poissant v. CS Wind Canada Inc., 2014 HRTO 117

Robert Weir

Kate Dearden

Not Practising Law18 cases2012–2020

David Muir

Individual respondents removed from human rights application; request for early disclosure of medical file denied as premature.

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

The respondents brought a request for an interim order to remove the individual respondents and to compel disclosure of the applicant's Occupational Health file.

Draven v. The Hospital for Sick Children, 2014 HRTO 114

David Muir

In Private Practice44 cases2011–2026

Request to reactivate deferred human rights application granted following conclusion of parallel proceeding.

The applicant filed a Request for Order During Proceeding to reactivate her human rights application, which had been deferred on consent pending the conclusion of another proceeding.

The respondent did not respond to the request.

The Tribunal granted the request, finding that the other proceeding had concluded and it was appropriate for the application to proceed to the next stage.

Rita Keays v. Hamilton Police Services, 2014 HRTO 112

Doug McLeod

David Muir

Reconsideration request denied; applicant failed to show conflict with jurisprudence or public interest factors.

The applicant argued the review process was procedurally unfair and that the Interim Decision conflicted with established jurisprudence.

The Tribunal denied the request, finding no clear departure from established legal rules and concluding that the applicant must accept the consequences of her choice of forum.

Misulki Gleeson v. Kingdom Hotel Toronto Ltd. and United Food and Commercial Workers International Union, Local 333, 2014 HRTO 105

David Muir

HRTOHuman Rights Tribunal of OntarioJan 16, 2014

Request for production of human rights complaints involving witnesses denied as irrelevant to credibility.

The Tribunal denied the request, finding that materials that do not exist cannot be ordered produced, and that unproved allegations involving witnesses are not relevant to their credibility.

The Tribunal also addressed the adequacy of a witness statement provided by a reluctant witness.

Patterson v. Toronto District School Board, 2014 HRTO 66

David Muir

Adjournment of summary hearing denied where applicant raised unspecified health issues and unfounded procedural objections.

The applicant filed 58 applications alleging violations of the Human Rights Code by various respondents.

A summary hearing was scheduled.

The Tribunal denied the adjournment request, finding no merit in the procedural objections and noting the lack of specific information regarding the health issues.

Clive Roy v. City of Toronto, 2014 HRTO 65

David Muir

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

The applicants filed applications under section 53(5) of the Human Rights Code, which were deferred pending the conclusion of related civil proceedings.

The Tribunal subsequently directed the parties to provide an update on the status of the civil proceedings, warning that failure to respond could result in dismissal for abandonment.

The applicants failed to respond to the Tribunal's directions or communicate with the Tribunal.

Consequently, the Tribunal found the applications to be abandoned and dismissed them.

McHale v. Ontario (Community Safety and Correctional Services), 2014 HRTO 61

David Muir

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

The applicant filed an application under section 53(5) of the Human Rights Code, which was deferred pending the conclusion of related civil proceedings.

The Tribunal directed the parties to provide an update on the status of the civil proceedings and warned that failure to respond could result in the application being dismissed as abandoned.

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

Consequently, the Tribunal dismissed the application as abandoned.

Donald McBey v. The Gestalt Institute and Joanne Greenham, 2014 HRTO 56

David Muir

HRTOHuman Rights Tribunal of OntarioJan 14, 2014

Request for reconsideration of decision dismissing human rights application for delay denied.

The applicant requested a reconsideration of a Tribunal decision that dismissed its human rights application for being filed outside the mandatory time limit under section 34(1) of the Code.

The applicant argued the decision conflicted with established case law, was unreasonable, and raised allegations of bias against the adjudicator.

The Tribunal found that the applicant was attempting to re-argue points already considered and failed to establish any of the threshold criteria under Rule 26.5 for reconsideration.

The request for reconsideration was denied.

Selkirk Estate v. Ontario (Health), 2014 HRTO 53

David Muir

HRTOHuman Rights Tribunal of OntarioJan 8, 2014

Human rights application dismissed as abandoned after applicant failed to provide respondent's current address.

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

The Tribunal attempted to deliver the application to the respondent, but it was returned marked 'MOVED/UNKNOWN-Business Terminated'.

The applicant was directed to provide a current address but failed to respond.

As the Tribunal was unable to contact the respondent, the application was dismissed as abandoned pursuant to Rule 6.6 of the Tribunal's Rules of Procedure.

Rouwadya Hirmiz v. My Dollar Shop, 2014 HRTO 32

David Muir

Human rights application deferred pending conclusion of related Employment Standards Act claim regarding dismissal.

The Tribunal found that the reasons for the applicant's dismissal would be a central issue in both proceedings.

The Tribunal exercised its discretion to defer the application until the employment standards claim is concluded.

Pratt v. TAG Management, 2014 HRTO 25

David Muir