David Muir

In Private Practice1 case2013–2013

Human rights application dismissed as abandoned after applicant failed to respond to a 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 (NOID) because the application appeared to be outside its jurisdiction.

After the applicant failed to respond to the NOID by the extended deadline, the Tribunal deemed the application abandoned and dismissed it.

Sana Habib v. TVONE Canada, 2013 HRTO 1928

James A LeNoury

David Muir

Human rights application deferred pending completion of related Employment Standards Act proceeding.

The applicant filed a human rights application alleging discrimination in employment on the basis of ancestry, place of origin, and sex, related to her termination following a pregnancy and parental leave.

The Tribunal issued a Notice of Intent to Defer the application because the applicant had an ongoing proceeding under the Employment Standards Act concerning the same pregnancy and parental leave issues.

Despite the applicant's objection that her human rights claim included additional grounds, the Tribunal found substantial factual overlap and deferred the application pending the completion of the ESA proceeding.

Shah v. Maple Child Care Inc., 2013 HRTO 1926

John Montgomery

3 cases2000–2013

David Muir

Tribunal orders production of workforce gender composition data but denies request for gender-identified competency scores.

The applicant in a human rights proceeding alleging discrimination based on marital status, sex, and reprisal brought a Request for Order During Proceeding seeking the production of documents.

The Tribunal ordered the respondent to produce information regarding the gender makeup of its workforce during the applicant's employment, finding it arguably relevant to the workplace context.

However, the Tribunal denied the request for the gender identity of employees' IBI Competency scores, finding it not arguably relevant to the applicant's claim that his termination was a reprisal for an earlier sexual harassment complaint.

Phillip Tamming v. Lake Ridge Community Support Services, 2013 HRTO 1921

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 by the specified deadline.

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

Brown v. Union Gas, 2013 HRTO 1918

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 by the specified deadline.

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

Mebrahtu v. The Salvation Army- Peel Family Services, 2013 HRTO 1917

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss the application because it appeared to be outside the Tribunal's jurisdiction.

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

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

Jesse Woods v. The Corporation of the City of Barrie, 2013 HRTO 1915

David Muir

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

The applicant filed an application alleging a breach of settlement and seeking the lifting of a trespass notice.

The respondents filed a request to amend their response, asserting the issue had been resolved to the applicant's satisfaction.

The Tribunal issued a Case Assessment Direction requiring the applicant to confirm if he intended to proceed and to provide particulars.

The applicant failed to respond to the directions.

The Tribunal dismissed the application as abandoned.

Darby Dunn v. The Corporation of the City of Sault Ste. Marie and John Luszka, 2013 HRTO 1907

David Amyot

9 cases2010–2015

David Muir

HRTOHuman Rights Tribunal of OntarioNov 12, 2013

Application alleging breach of settlement dismissed in part; potential breach regarding submissions to Senate remains.

The applicant alleged that the respondents breached Minutes of Settlement (MOS) resolving a prior human rights application regarding his need to record university classes for disability accommodation.

The applicant sought to set aside the MOS and re-open the prior application.

Following a summary hearing, the Tribunal dismissed most of the allegations, finding no reasonable prospect of success that the respondents failed to make reasonable efforts or breached the MOS in their handling of his accommodations or the independent review of university policies.

However, the Tribunal found a potential breach regarding the applicant's right to make written submissions to the University Senate on the reviewer's recommendations, and directed the parties to make submissions on next steps.

Donevan v. University of Windsor, 2013 HRTO 1882

David Muir

Request for production of transit operator's identity and personnel file denied as irrelevant fishing expedition.

The applicant filed a Request for Order During Proceeding seeking the identity and complete personnel file of the streetcar operator involved in the incident giving rise to her human rights application.

The respondent objected, arguing the identity was irrelevant at this stage and the request for the personnel file was a fishing expedition for character evidence.

The Tribunal agreed with the respondent, finding that evidence of other complaints would only delay the resolution of the dispute and that the operator's identity was not relevant at this stage.

The request for document production was denied.

Jessica Grande v. Toronto Transit Commission, 2013 HRTO 1876

David Muir

Request for document production largely denied as documents were irrelevant, already produced, or destroyed.

The applicant filed a Request for Order During Proceeding seeking the production of documents related to alleged systemic discrimination against men and the investigation of competing harassment complaints.

The Tribunal denied the request for documents relating to systemic discrimination, finding them irrelevant as the central allegation concerned a specific incident.

The Tribunal also declined to order production of investigation documents that had already been produced or destroyed.

The respondent was directed to respond to two specific requests regarding the gender makeup of its workforce and the gender of individuals on a competency evaluation list.

Phillip Tamming v. Lake Ridge Community Support Services, 2013 HRTO 1875

David Muir

Request for interim remedy to return applicant to previous work location denied.

The applicant filed an application alleging discrimination based on disability, family status, and reprisal, and sought an interim remedy to be returned to his previous work location pending the hearing.

The applicant had previously agreed to work at three specific locations, including the one he was transferred to, as an accommodation for his family status needs.

The Tribunal denied the request for an interim remedy, finding that the applicant failed to establish that the application regarding the transfer had merit, that the balance of harm favoured granting the request, or that the interim remedy was necessary to further the remedial objects of the Code.

Nahirny v. Liquor Control Board of Ontario, 2013 HRTO 1845

David Muir

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

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

The Tribunal had previously deferred the application pending the conclusion of related proceedings.

The Tribunal subsequently requested an update from the applicant regarding the status of the other proceedings, warning that failure to respond could result in dismissal for abandonment.

The applicant failed to respond to the Tribunal's letter and a follow-up telephone message.

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

Douglas Humphrey v. Community Living Huntsville, 2013 HRTO 1843

David Muir

Application dismissed as the Tribunal lacks jurisdiction over discrimination claims based on unpardoned criminal records.

The applicant alleged discrimination in employment on the ground of record of offences after his application was screened out because he disclosed an unpardoned criminal conviction.

The Tribunal issued a Notice of Intent to Dismiss, noting that the Human Rights Code only protects individuals with a criminal record for which a pardon has been granted or a provincial offence.

As the applicant's record was for an unpardoned criminal offence, the Tribunal found it plain and obvious that the application was outside its jurisdiction and dismissed it.

Johnson v. Toyota Motor Manufacturing Canada, 2013 HRTO 1842

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed out of time.

The applicant failed to respond to the Notice and subsequent Case Assessment Directions.

The Tribunal deemed the application abandoned and dismissed it.

M. M. v. North Eastern Family and Children’s Services, 2013 HRTO 1840

Union's request to intervene in member's human rights application granted.

The applicant's bargaining agent, the Canadian Union of Public Employees, Local 870, filed a Request to Intervene in a human rights application alleging discrimination in employment based on disability and race.

The respondent took no position and the applicant did not respond.

Noting that a union typically has an interest in such applications, particularly where reinstatement is sought, the Tribunal granted the Request to Intervene.

Shaw v. The Perley and Rideau Veterans’ Health Centre, 2013 HRTO 1838

David Muir

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

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 a Tribunal letter inquiring about his intentions regarding the application.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Zachary Shaver v. TD Insurance (Home & Auto), 2013 HRTO 1833

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 by the specified deadline.

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

Nishantha Fernando v. Fedex Networks Transport and Brokerage (Canada) Inc., 2013 HRTO 1832

David Muir

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

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

The Tribunal scheduled a mediation session, which the applicant failed to attend without explanation.

The Tribunal subsequently sent a letter directing the applicant to advise of his intentions and warning that failure to respond within ten days could result in the application being deemed abandoned.

The applicant did not respond.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Jacob Dipaolo v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Training, Colleges and Universities, 2013 HRTO 1829

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code, which was deferred pending the conclusion of other legal proceedings.

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

The applicant failed to respond or communicate with the Tribunal.

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

Nina Kuperman v. Jonan Pharmacy Ltd. 0/a Shoppers Drug Mart and Mario Rodrigues, 2013 HRTO 1820

David Muir

HRTOHuman Rights Tribunal of OntarioOct 24, 2013

Human rights application dismissed as abandoned following the applicant's death and failure to appoint an estate trustee.

The applicant filed a human rights application but subsequently passed away.

The Tribunal wrote to the applicant's alternate contact requesting confirmation of an authorized estate trustee to act on behalf of the estate, noting that the Tribunal cannot proceed without one.

When no response was received by the specified deadline, the Tribunal deemed the application abandoned and dismissed it.

John McArdle v. St Joseph’s Health Centre, 2013 HRTO 1788

Applicant

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

Counsel

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

Counsel for Law Society of Upper Canada, Sharon Seenath and Bruce Dunsmuir

Delores M. BarbiniCounsel
1 appearance

Counsel for the Intervener Human Rights Legal Support Centre

Bay RyleyCounsel
1 appearance

Counsel for the Intervener Office of the Employer Advisor

Daryl SeupersadCounsel
1 appearance

Counsel for the Intervener Office of the Worker Advisor

Teresa A. GianfeliceCounsel
1 appearance

Counsel for the Intervener Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance

Counsel for the Respondent

Gurjit BrarCounsel
1 appearance

for Allan Rosenfeld

Mira NovellCounsel
1 appearance

for Allianz Insurance Company of Canada

Joan TakahashiCounsel
1 appearance
Andrew T. GrahamCounsel
1 appearance

for Allstate Insurance Company of Canada

William M. SproullCounsel
3 appearances
Richard HorstCounsel
3 appearances
Todd J. McCarthyCounsel
3 appearances
Donald HarveyCounsel
2 appearances
Grant R. DowCounsel
1 appearance
Colin S. JacksonCounsel
1 appearance

for Authentic Concierge & Security Services Inc. o/a Pillar Security Inc. and Gordon Bye

Subrata MajumdarParalegal
1 appearance

for Aviva Canada Inc.

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

for Bajwa Consultants Incorporated and Mohammad Maqsood Bajwa

Shiraz BajwaAgent
1 appearance

for Balan International, David Rong and Robin Fan

Jean-Alexandre De BousquetCounsel
1 appearance

for Belairdirect Insurance Company Inc., Barry Rosenthal, Carla Smith, Elvira De la Garza, Denise Beckles, Nicole Meaney, Judy Venables and Gloria Chabot, State Farm Insurance Respondents

Gina Saccoccia BrannanCounsel
1 appearance

for Belair Insurance Company Inc.

Richard F.L. RoseCounsel
1 appearance

for Bergel & Edson LLP

L. ClimansCounsel
1 appearance

for Canadian Union of Public Employees and its Local 4967

David SteeleCounsel
1 appearance

for CAW TCA Canada and Artis Snowe

Leon RideoutAgent
1 appearance

for Chrysler Canada

Christoper DunnCounsel
1 appearance

for Citadel General Assurance Company

Claude BlouinCounsel
2 appearances

for Coachman Insurance Company

Cary SchneiderCounsel
1 appearance

for Coast Mental Health

Peter MacTavishCounsel
1 appearance

for Communications, Energy and Paperworkers Union of Canada, Local 74

Jesse KuglerCounsel
1 appearance

for CUPE 4400, Anna Hutchison, Ann Cowan and Yolanda McLean

Christine DaviesCounsel
1 appearance

for Dale and Lessman LLP, Stikeman Elliot LLP and Ralph Steinberg

Adam PentalCounsel
1 appearance

for Dan Benedict Co-op Homes

Brent ForemanCounsel
1 appearance

for Domtar Inc.

Sarah CrossleyCounsel
1 appearance

for Donald Ebbs and Brian Lennox

Paul SternCounsel
1 appearance

for Drake International Inc.

Elizabeth SwanCounsel
1 appearance
Karen BockCounsel
1 appearance

for Dr. Meloff, Respondent

Andrew McCutcheonCounsel
1 appearance

for Dr. Niculina Margulies

Christopher HubbardCounsel
1 appearance
James MiglinCounsel
1 appearance

for Duka Property Management Inc.

Andrew HylandCounsel
1 appearance

for Echelon General Insurance Company

Jamie PollackCounsel
1 appearance

for Economical Mutual Insurance Company

Albert M. ConforziCounsel
1 appearance

for Erica Gallo

Kirsten DarelParalegal
1 appearance

for Expertech

Susan CrawfordCounsel
1 appearance

for Global Payments of Canada GP and Persila Vachon

Karoline ChanCounsel
1 appearance
Jason BehoeCounsel
1 appearance

for Guarantee Company of North America

Adrian WillsherCounsel
1 appearance

for HealthCare of Ontario Pension Plan

Catherine PollackCounsel
1 appearance
Marc RodrigueCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General, Michael Bryant and Kenneth Campbell

Christopher ThompsonCounsel
1 appearance

for herself

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

for himself

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

for Homewood Health Centre and Edgardo Perez

Charlotte BurkhardtAgent
1 appearance

for ING Halifax Insurance Company

Doug WallaceCounsel
1 appearance

for ING-Halifax Insurance Company

Chris BlomCounsel
1 appearance

for ING Insurance Company of Canada

Marla CoxCounsel
1 appearance
Talaal BondCounsel
1 appearance
Thomas PercivalCounsel
1 appearance

for Intersteam Technologies Inc., and Manfred Dietrich

Manfred DietrechAgent
1 appearance

for James Soutar

James SoutarSelf-represented
1 appearance

for Kingsway General Insurance Company

Kerri KnudsonCounsel
1 appearance
Catherine KorteCounsel
1 appearance

for Lakeridge Health

Jessica KearseyCounsel
1 appearance

for Legal Aid Ontario

Andrea DanonCounsel
1 appearance

for Liberty Mutual Insurance Company

Deborah G. NeilsonCounsel
2 appearances
Dwaine BurnsCounsel
1 appearance
Wayne EdwardsCounsel
1 appearance
Michael J. HucklackCounsel
1 appearance
George O. FrankCounsel
1 appearance
Michael J. HuclackCounsel
1 appearance

for Lombard General Insurance Company of Canada

Harry BrownCounsel
1 appearance

for Mazin & Rooz, Barristers and Solicitors

Nureen ShariffCounsel
1 appearance

for Mazin Rooz Mazin

Meenaz JafferCounsel
3 appearances

for Mevotech LP, Toby Gennings and Sendor Szell

Paul MacchioneCounsel
1 appearance

for Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance
Harold SterlingCounsel
1 appearance

for Mr. Asamane

Murray TkatchCounsel
1 appearance

for Mr. Balanki

Alexander MazinCounsel
1 appearance

for Mr. Basdeo

Patrick DaSilvaCounsel
1 appearance
Patrick DaSilvaParalegal
1 appearance

for Mr. Bouchahma

Adam EzerCounsel
1 appearance

for Mr. Brown

Brian ShermanCounsel
1 appearance

for Mr. Buccellato

Patrick DiMonteCounsel
2 appearances

for Mr. Cordeiro

Andrew DavidsonCounsel
1 appearance

for Mr. Do

Al PaceCounsel
1 appearance

for Mr. Ewers

Amanda HeerschopCounsel
1 appearance

for Mr. Foster

Brian ShermanCounsel
1 appearance

for Mr. Grunberg

Christopher D. FinlayCounsel
1 appearance

for Mr. Guglielmo

Barry MunroCounsel
1 appearance

for Mr. Hill

Shelley MartinCounsel
1 appearance

for Mr. Ho

David PhamCounsel
1 appearance

for Mr. Jagdharry

P. Michael RotondoCounsel
1 appearance

for Mr. Karnathasan

Samiya AhmedAgent
1 appearance

for Mr. Khemraj and Ms. Khemraj

Mark DeWittAgent
1 appearance

for Mr. Kovach

Charlia D. von BuchwaldCounsel
1 appearance

for Mr. Little

Karen FrishetteCounsel
1 appearance

for Mr. MacKenzie

Kevin WolfCounsel
2 appearances

for Mr. Mathur

Vikram KapurCounsel
1 appearance
Idan ErezCounsel
1 appearance

for Mr. Mazumder

Tania AstorinoCounsel
1 appearance
Donna BruceCounsel
1 appearance

for Mr. McMichael

Alan L. RachlinCounsel
1 appearance

for Mr. Pankratov

Debra LewisCounsel
1 appearance

for Mr. Robinson

Scott M. MerrifieldCounsel
1 appearance

for Mrs. Antony

David S. WilsonCounsel
1 appearance

for Mrs. Asmand

David F. LongleyCounsel
1 appearance

for Mrs. Distefano

David F. LongleyCounsel
1 appearance

for Mrs. Fimiani

Richard M. BogorochCounsel
1 appearance
Linda WolanskiCounsel
1 appearance

for Mrs. Garcia

Kevin DoanCounsel
1 appearance

for Mr. Sidhu and Mr. Braithwaite

Muthu AnnamalaiAgent
1 appearance

for Mr. Singh

Satwant MerwarAgent
1 appearance

for Mrs. Joshi

Helen FotinosCounsel
1 appearance

for Mrs. Kennedy

David S. WilsonCounsel
1 appearance

for Mr. Smith

Tammy RingCounsel
2 appearances

for Mrs. Patterson

Allan S. BlottCounsel
1 appearance

for Mrs. Scott

Pamela BlaikieCounsel
1 appearance
Alden M. DychtenbergCounsel
1 appearance

for Mrs. Sivaloganathan

David S. WilsonCounsel
2 appearances

for Mr. Steinhoff

Michael BennettCounsel
1 appearance
David F. MacDonaldCounsel
1 appearance

for Mr. Stelzer

Kelly SiegnerCounsel
1 appearance

for Mr. Sutherland

Ian S. WrightCounsel
1 appearance

for Mr. Taylor

P. Michael RotondoCounsel
1 appearance

for Mr. Tendenilla

Arvin GuptaCounsel
2 appearances
Armin GuptaCounsel
1 appearance

for Mr. Wilkerson

Richard LevinCounsel
1 appearance

for Mr. Yogarajah

Donata Di IorioCounsel
2 appearances

for Ms. Alladina

Janet S. YoungCounsel
1 appearance

for Ms. Brooks

Linda WolanskiCounsel
1 appearance

for Ms. Damude

J. Ivan MariniCounsel
1 appearance

for Ms. Hargraves

David PayneCounsel
1 appearance

for Ms. Keyes

David F. MacDonaldCounsel
1 appearance

for Ms. Khong

David H. PhamCounsel
1 appearance

For Ms. Lok

Sue ChenAgent
1 appearance

for Ms. McCabe

Stan SteinmanCounsel
1 appearance

for Ms. McDougall

Salvatore ShawCounsel
1 appearance

for Ms. Morabito

Brian A. BanfieldCounsel
1 appearance

for Ms. Nandkumar

Jeffrey Wm. StrypeCounsel
1 appearance

for Ms. Navage

David S. WilsonCounsel
2 appearances

for Ms. Owusu

Murray TkatchCounsel
1 appearance

for Ms. Owusu and Ms. Sarpong

Murray TkatchCounsel
1 appearance

for Ms. Patterson

Esan InceCounsel
1 appearance

for Ms. Paunova

Christopher D. FinlayCounsel
1 appearance

for Ms. Sarpong

Murray TkatchCounsel
1 appearance

for Ms. Sidhu

Tripta ChandlerCounsel
1 appearance

for Ms Vasina

Henry GoldentulerCounsel
1 appearance

for Ms. Zeris

Jeffrey RaphaelCounsel
1 appearance

for Neighbourhood Legal Services

Jack de KlerkCounsel
1 appearance

for Non-Marine Underwriters, Mbrs. of Lloyd's

Rita BambersCounsel
1 appearance

for Nordic Insurance Company of Canada

David DinnerCounsel
1 appearance

for Ontario Municipal Insurance Exchange

Bryan D. RumbleCounsel
2 appearances

for Ontario Public Service Employees Union

Nini JonesCounsel
1 appearance

for Organizational Solutions Inc.

Carla ZabekCounsel
1 appearance

for Pat Caricato

Gavin ClingbineAgent
1 appearance

for Pauline Lysak, Satu Repo-Hendsbee and Wilson Li

John JudsonCounsel
1 appearance
Yola VentrescaCounsel
1 appearance

for Pembridge Insurance Company

Richard HorstCounsel
2 appearances

for People's Trust Company

Christina WallisCounsel
1 appearance

for Personal Insurance Company of Canada

Todd J. McCarthyCounsel
1 appearance

for Pet Valu Canada Inc.

Christine Martin BevilacquaAgent
1 appearance

for Pilot Insurance Company

Robert BarrettCounsel
2 appearances

for Progressive Casualty Insurance Co. of Canada

Pamela A. BrownleeCounsel
2 appearances

for Rakesh Majithia CA Professional Corporation and Rakesh Majithia

Salma ShaikhCounsel
1 appearance

for RBC General Insurance Company

John D. DeanCounsel
2 appearances
Darrell MarchCounsel
1 appearance
Alexander CurryCounsel
1 appearance
James LeoneCounsel
1 appearance
Cary SchneiderCounsel
1 appearance
Neil Colville-ReevesCounsel
1 appearance

for Resolve Recruit Inc.

Neal OrnsteinCounsel
1 appearance

for Revera Long Term Care, Revera Baywoods Place, and Revera Inc.

Erin PorterAgent
1 appearance

for Riverfront medical Services, Respondent

Keith EdwardsCounsel
1 appearance
Golbon MehrabkhaniCounsel
1 appearance

for Rooms Accessories and Furniture Inc.

Gurinder WaliaAgent
1 appearance

for Roxboro Business Services and Raj Hemraj

Orie H. NeidzvieckiAgent
1 appearance

for Royal & SunAlliance Insurance Company of Canada

Nathalie RosenthallCounsel
2 appearances
Scott SmithCounsel
1 appearance
G. BogoCounsel
1 appearance
Janet C. StevensCounsel
1 appearance

for Rygiel Supports for Community Living

Chris BaroneAgent
1 appearance

for Sault College

Nadina S. ZacksCounsel
1 appearance

for Security National Insurance Co./Monnex Insurance Mgmt. Inc.

Cameron StarkCounsel
2 appearances
Theodore P. CharneyCounsel
1 appearance

for Sound Times

Natasha PersaudCounsel
1 appearance

for State Farm Mutual Automobile Insurance Company

Todd J. McCarthyCounsel
4 appearances
Darrell MarchCounsel
1 appearance
George MekarisCounsel
1 appearance
Alexander CurryCounsel
1 appearance
Ian D. KirbyCounsel
1 appearance

for St. Louis Bar and Grill Cityplace and Julia Anderson

Carla V. NassarCounsel
1 appearance

for St. Michael’s Hospital

Michael ConradiCounsel
1 appearance

for Sun Life

Valeri S. GreifenbergerCounsel
1 appearance

for Sunshine Landscaping and himself

Valdir PradoSelf-represented
1 appearance

for TD General Insurance Company

Andrew GraysonCounsel
1 appearance

for TD Home and Auto Insurance Company

Andrew GraysonCounsel
3 appearances

for Teamsters of Canada Local 419

Mireille GirouxCounsel
1 appearance

for the Affected Party

Jorge HurtadoCounsel
2 appearances
Dave SteeleUnion representative
1 appearance
Rebecca LeeCounsel
1 appearance
Fil FalboUnion representative
1 appearance
Nicole ButtCounsel
1 appearance
Patrick GroomCounsel
1 appearance
Howard GoldblattCounsel
1 appearance
Dave SteeleCounsel
1 appearance

for the applicant

Nancy GrangerCounsel
1 appearance
Alana FenwickSelf-represented
1 appearance

for the Applicant

Wayne FerronSelf-represented
7 appearances
Cecil NormanAgent
6 appearances
Peggy HarrypersadSelf-represented
5 appearances
Nohemy CunninghamSelf-represented
4 appearances
Sandra McArthur-CalhounSelf-represented
4 appearances
Self-representedSelf-represented
4 appearances
Clive RoySelf-represented
3 appearances
Andrew L. LukachkoSelf-represented
3 appearances
Brenda CulbertCounsel
3 appearances
John R. EvansCounsel
3 appearances
Alexandre PapouchineSelf-represented
3 appearances
Robert CameronSelf-represented
3 appearances
Giuseppe MassaSelf-represented
3 appearances
Chris SurowiakAgent
3 appearances
Grace PermaulCounsel
3 appearances
John NahirnySelf-represented
3 appearances
Nadire AtasSelf-represented
2 appearances
Harry KopytoAgent
2 appearances
John EvansCounsel
2 appearances
Iain RousaySelf-represented
2 appearances

for the Applicant Mike Khoury

Yu-Sung SohCounsel
1 appearance

for the Applicants

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

for the Applicant Scott Strang

Eli GedalofCounsel
1 appearance

for The Automobile Insurance Company of Hartford, Connecticut

Julian R.G. ThomasCounsel
1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Karen SargeantCounsel
1 appearance
Nicole SinghCounsel
1 appearance

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

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

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

Lori PatykCounsel
1 appearance
Jessica FioreCounsel
1 appearance

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

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

Andrew T. GrahamCounsel
2 appearances
William M. SproullCounsel
2 appearances
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
Elizabeth NurseCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Fred HoUnion representative
1 appearance
Quadira JacksonCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Jerry RasoCounsel
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
David PatacairkCounsel
4 appearances
Roy FilionCounsel
4 appearances
Melanie HerbinCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Sari SpringerCounsel
2 appearances
Greg BullenCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Jehuda KaminerCounsel
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

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

for the Respondent(s)

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

for the Respondents

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

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

Andrea DonevanCounsel
1 appearance
Antonella CeddiaCounsel
1 appearance

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

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

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

Christine LeblancCounsel
1 appearance
Andy PushalikCounsel
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
Donald G. CormackCounsel
1 appearance
Darrell MarchCounsel
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
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

Graham H. SmithAgent
1 appearance
Carla AdamsAgent
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

Employment and Labour Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

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

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

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

David Muir

In Private Practice1 case2013–2013

Human rights application dismissed as abandoned after applicant failed to respond to a 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 (NOID) because the application appeared to be outside its jurisdiction.

After the applicant failed to respond to the NOID by the extended deadline, the Tribunal deemed the application abandoned and dismissed it.

Sana Habib v. TVONE Canada, 2013 HRTO 1928

James A LeNoury

David Muir

Human rights application deferred pending completion of related Employment Standards Act proceeding.

Shah v. Maple Child Care Inc., 2013 HRTO 1926

John Montgomery

3 cases2000–2013

David Muir

Tribunal orders production of workforce gender composition data but denies request for gender-identified competency scores.

The applicant in a human rights proceeding alleging discrimination based on marital status, sex, and reprisal brought a Request for Order During Proceeding seeking the production of documents.

The Tribunal ordered the respondent to produce information regarding the gender makeup of its workforce during the applicant's employment, finding it arguably relevant to the workplace context.

Phillip Tamming v. Lake Ridge Community Support Services, 2013 HRTO 1921

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 by the specified deadline.

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

Brown v. Union Gas, 2013 HRTO 1918

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 by the specified deadline.

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

Mebrahtu v. The Salvation Army- Peel Family Services, 2013 HRTO 1917

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss the application because it appeared to be outside the Tribunal's jurisdiction.

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

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

Jesse Woods v. The Corporation of the City of Barrie, 2013 HRTO 1915

David Muir

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

The applicant filed an application alleging a breach of settlement and seeking the lifting of a trespass notice.

The respondents filed a request to amend their response, asserting the issue had been resolved to the applicant's satisfaction.

The Tribunal issued a Case Assessment Direction requiring the applicant to confirm if he intended to proceed and to provide particulars.

The applicant failed to respond to the directions.

The Tribunal dismissed the application as abandoned.

Darby Dunn v. The Corporation of the City of Sault Ste. Marie and John Luszka, 2013 HRTO 1907

David Amyot

9 cases2010–2015

David Muir

HRTOHuman Rights Tribunal of OntarioNov 12, 2013

Application alleging breach of settlement dismissed in part; potential breach regarding submissions to Senate remains.

The applicant sought to set aside the MOS and re-open the prior application.

Donevan v. University of Windsor, 2013 HRTO 1882

David Muir

Request for production of transit operator's identity and personnel file denied as irrelevant fishing expedition.

The respondent objected, arguing the identity was irrelevant at this stage and the request for the personnel file was a fishing expedition for character evidence.

The Tribunal agreed with the respondent, finding that evidence of other complaints would only delay the resolution of the dispute and that the operator's identity was not relevant at this stage.

The request for document production was denied.

Jessica Grande v. Toronto Transit Commission, 2013 HRTO 1876

David Muir

Request for document production largely denied as documents were irrelevant, already produced, or destroyed.

The Tribunal denied the request for documents relating to systemic discrimination, finding them irrelevant as the central allegation concerned a specific incident.

The Tribunal also declined to order production of investigation documents that had already been produced or destroyed.

The respondent was directed to respond to two specific requests regarding the gender makeup of its workforce and the gender of individuals on a competency evaluation list.

Phillip Tamming v. Lake Ridge Community Support Services, 2013 HRTO 1875

David Muir

Request for interim remedy to return applicant to previous work location denied.

The applicant had previously agreed to work at three specific locations, including the one he was transferred to, as an accommodation for his family status needs.

Nahirny v. Liquor Control Board of Ontario, 2013 HRTO 1845

David Muir

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

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

The Tribunal had previously deferred the application pending the conclusion of related proceedings.

The Tribunal subsequently requested an update from the applicant regarding the status of the other proceedings, warning that failure to respond could result in dismissal for abandonment.

The applicant failed to respond to the Tribunal's letter and a follow-up telephone message.

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

Douglas Humphrey v. Community Living Huntsville, 2013 HRTO 1843

David Muir

Application dismissed as the Tribunal lacks jurisdiction over discrimination claims based on unpardoned criminal records.

The applicant alleged discrimination in employment on the ground of record of offences after his application was screened out because he disclosed an unpardoned criminal conviction.

The Tribunal issued a Notice of Intent to Dismiss, noting that the Human Rights Code only protects individuals with a criminal record for which a pardon has been granted or a provincial offence.

As the applicant's record was for an unpardoned criminal offence, the Tribunal found it plain and obvious that the application was outside its jurisdiction and dismissed it.

Johnson v. Toyota Motor Manufacturing Canada, 2013 HRTO 1842

David Muir

In Private Practice16 cases2007–2021

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

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

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed out of time.

The applicant failed to respond to the Notice and subsequent Case Assessment Directions.

The Tribunal deemed the application abandoned and dismissed it.

M. M. v. North Eastern Family and Children’s Services, 2013 HRTO 1840

Sue Lott

26 cases2009–2017

Raquel Chisholm

David Muir

Union's request to intervene in member's human rights application granted.

The respondent took no position and the applicant did not respond.

Noting that a union typically has an interest in such applications, particularly where reinstatement is sought, the Tribunal granted the Request to Intervene.

Shaw v. The Perley and Rideau Veterans’ Health Centre, 2013 HRTO 1838

David Muir

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

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 a Tribunal letter inquiring about his intentions regarding the application.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Zachary Shaver v. TD Insurance (Home & Auto), 2013 HRTO 1833

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 by the specified deadline.

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

Nishantha Fernando v. Fedex Networks Transport and Brokerage (Canada) Inc., 2013 HRTO 1832

David Muir

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

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

The Tribunal scheduled a mediation session, which the applicant failed to attend without explanation.

The Tribunal subsequently sent a letter directing the applicant to advise of his intentions and warning that failure to respond within ten days could result in the application being deemed abandoned.

The applicant did not respond.

As a result, the Tribunal deemed the application abandoned and dismissed it.

Jacob Dipaolo v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Training, Colleges and Universities, 2013 HRTO 1829

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code, which was deferred pending the conclusion of other legal proceedings.

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

The applicant failed to respond or communicate with the Tribunal.

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

Nina Kuperman v. Jonan Pharmacy Ltd. 0/a Shoppers Drug Mart and Mario Rodrigues, 2013 HRTO 1820

David Muir