David Muir

HRTOHuman Rights Tribunal of OntarioOct 22, 2013

Human rights application against union dismissed at summary hearing for lacking reasonable prospect of success.

The applicant filed a human rights application alleging discrimination based on disability against his employer and his union.

The Tribunal held a summary hearing to determine whether the application against the union respondents had a reasonable prospect of success.

The applicant alleged the union failed to file grievances regarding his treatment by the employer's health department.

The Tribunal found no evidence linking the union's failure to act to the applicant's disability, concluding the claims against the union were speculative.

The application against the union respondents was dismissed, while the remaining parties proceeded to mediation.

Lawrence v. Chrysler Canada, 2013 HRTO 1777

David Muir

HRTOHuman Rights Tribunal of OntarioOct 15, 2013

Application against one respondent dismissed due to applicant's failure to provide accurate contact information.

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

The Tribunal was unable to deliver the application to one of the named respondents, JLL, at the address provided.

The Tribunal directed the applicant to provide current and accurate contact information for JLL, but the applicant failed to respond.

As a result, the Tribunal dismissed the application as it relates to JLL.

Boyer v. Robinson Solutions Inc., 2013 HRTO 1734

David Muir

HRTOHuman Rights Tribunal of OntarioOct 11, 2013

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

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

The application was deferred pending the conclusion of a related WSIAT proceeding.

Over several years, the applicant failed to take steps to advance the WSIAT proceeding and repeatedly failed to respond to the Tribunal's Case Assessment Directions.

The Tribunal found that the applicant had abandoned the application and dismissed it.

Baccala v. Extendicare (Canada), 2013 HRTO 1726

David Muir

HRTOHuman Rights Tribunal of OntarioOct 9, 2013

Request to dismiss application denied; internal insurance appeal process is not a statutory proceeding.

The respondent insurance company requested that the application be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the applicant's allegations was resolved through its internal appeal process.

The Tribunal denied the request, holding that an internal appeal process lacks a statutory basis and therefore does not constitute a 'proceeding' within the meaning of section 45.1.

Kelly Maika v. Her Majesty the Queen in Right of Ontario, as represented by the Minister of Government Services and Manufacturers Life Insurance Company, 2013 HRTO 1704

David Muir

HRTOHuman Rights Tribunal of OntarioOct 7, 2013

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 as it appeared to be outside its jurisdiction.

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

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

George Marko v. Cornerstone Bar and Grill, 2013 HRTO 1683

David Muir

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

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

The respondent filed a Request for Order During Proceeding seeking early dismissal on the basis that the matter fell under federal jurisdiction.

The applicant failed to respond to the Request and subsequently failed to respond to a Case Assessment Direction requiring submissions.

The Tribunal deemed the application abandoned and dismissed it.

Miguel Valencia v. Ontario Power Generation, 2013 HRTO 1675

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.

The Tribunal had previously deferred the application pending the conclusion of an Employment Standards Act claim.

After the applicant failed to respond to multiple Tribunal inquiries regarding the status of the other proceeding, the Tribunal deemed the application abandoned and dismissed it.

Sarah Rogers v. Holcim (Canada) Inc., 2013 HRTO 1671

David Muir

Reconsideration of abandoned application denied; applicant's explanation for missing deadlines found not credible.

The applicant requested a reconsideration of a decision that dismissed her human rights application as abandoned after she failed to respond to Tribunal correspondence regarding hearing dates.

The applicant claimed she was confused by two letters sent by the Tribunal with different response deadlines.

The Tribunal found the applicant's explanations inconsistent and not credible, noting she failed to comply with earlier directions and only contacted the Tribunal after her application was dismissed.

The request for reconsideration was denied.

Devoe v. Haran, 2013 HRTO 1670

David Muir

Tribunal grants respondent 14-day extension to file response before proceeding without its participation.

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

The respondent failed to file a response by the deadline set in the Notice of Application.

The Tribunal issued an interim decision warning the respondent of the consequences of failing to participate under Rule 5.5, and granted the respondent 14 days to file a response along with an explanation for the delay.

Daryl Rowley v. Kappeler Masonry Corporation, 2013 HRTO 1669

David Muir

Request for reconsideration denied as applicants failed to meet threshold criteria or explain prior non-compliance.

The applicants filed a request for reconsideration of a previous decision that dismissed their human rights application as abandoned due to their failure to comply with Tribunal directions.

The Tribunal found that the applicants did not meet any of the threshold criteria for reconsideration under Rule 26.5 and provided no explanation for their failure to communicate or comply with the earlier directions.

The request for reconsideration was denied.

E.A. and K.A. by their next friend M.A. v. Simcoe-Muskoka Catholic District School Board, 2013 HRTO 1640

David Muir

Reconsideration of abandonment dismissal denied where applicant provided no explanation for failing to comply with directions.

The applicant filed a human rights application alleging discrimination in goods and services.

The application was dismissed as abandoned after the applicant failed to comply with Tribunal directions to file a witness list and documents, and failed to communicate with the Tribunal.

The applicant requested reconsideration, stating she was not a lawyer and wanted to give evidence.

The Tribunal denied the request, finding the applicant provided no explanation for her failure to respond to directions and did not meet any of the threshold criteria for reconsideration under Rule 26.5.

Kargbo v. Elections Ontario, 2013 HRTO 1638

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 the Human Rights Code alleging discrimination in employment.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to have been filed outside the one-year limitation period.

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

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

Suzuka Inoue v. Showa Canada Inc., 2013 HRTO 1637

Tribunal denies respondent unrestricted access to applicant's treating physician but orders production of relevant medical records.

The respondent hospital in a human rights application sought an order requiring the applicant to provide unrestricted consent for its counsel to speak with her treating physician and occupational health manager, and to disclose all medical records related to her disability.

The Tribunal ordered the applicant to produce arguably relevant medical records from January 1, 2009 onwards.

However, applying common law principles regarding physician-patient confidentiality, the Tribunal refused to order unrestricted access to the treating physician, directing instead that any communication occur with simultaneous disclosure to the applicant.

Robinson v. Orillia Soldiers' Memorial Hospital, 2013 HRTO 1607

Hal Rolph

8 cases2010–2017

David Muir

HRTOHuman Rights Tribunal of OntarioSep 23, 2013

Age discrimination application dismissed; termination was driven by client dissatisfaction with performance, not age.

The applicant, a tool room attendant, alleged that his employment was terminated because of his age, noting that he was dismissed shortly after his 60th birthday and replaced by a 23-year-old.

The respondent maintained that the dismissal was solely due to performance issues and the demands of its major client, who was dissatisfied with the applicant's inventory management and requested his replacement.

The Tribunal found no substantial evidence that age was a factor in the decision, concluding that the respondent provided a credible, non-discriminatory explanation for the termination.

The application was dismissed.

Crerar v. LSI Supply Inc., 2013 HRTO 1596

David Muir

Respondent given 14 days to file a Response to human rights application or face default proceedings.

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

The respondent failed to file a Response by the deadline.

The Tribunal issued an interim decision directing the respondent to file a Response within 14 days, warning that failure to do so could result in the Tribunal proceeding without further notice and deeming the respondent to have accepted the allegations.

Brandan Suk v. Rockway Vineyards, 2013 HRTO 1575

David Muir

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

The applicant filed an application alleging reprisal under the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss because the application did not explain how the alleged behaviour related to claiming or enforcing a right under the Code.

The Tribunal directed the applicant to file written submissions.

The applicant failed to respond to the directions.

The Tribunal dismissed the application as abandoned.

Drouillard v. Dr. Jerry Tan, 2013 HRTO 1558

David Muir

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

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

The parties agreed to mediation, but the applicant failed to attend.

The Tribunal directed the applicant to indicate whether he intended to proceed, warning that failure to respond could result in dismissal for abandonment.

The applicant did not respond.

The Tribunal deemed the application abandoned and dismissed it.

Robert Arquette v. ThyssenKrupp Industrial Services Inc., 2013 HRTO 1556

David Muir

HRTOHuman Rights Tribunal of OntarioSep 18, 2013

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

The applicant filed an application under the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed outside the statutory time limits under section 34.

The applicant failed to respond to the Notice and subsequent directions.

Consequently, the Tribunal dismissed the application as abandoned.

Karen Dawe v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services, 2013 HRTO 1570

David Muir

HRTOHuman Rights Tribunal of OntarioSep 16, 2013

Reconsideration granted; claims against OIPRD dismissed summarily, but claims against police board proceed to hearing.

The applicant filed a human rights complaint alleging discrimination based on ethnic origin against the Toronto Police Services Board and the Independent Police Review Director.

The application was initially dismissed as abandoned, but the Tribunal granted reconsideration because the applicant had not received notice due to an invalid mailing address.

At a summary hearing, the Tribunal dismissed the allegations against the OIPRD Director, finding no reasonable prospect of success as there was no evidence linking the dismissal of his complaints to his ethnic origin.

However, the Tribunal declined to summarily dismiss the allegations against the Police Services Board regarding their alleged failure to investigate assaults against the applicant, directing that those claims proceed to a full hearing.

Mohamed Nemmour v. Toronto Police Services Board and Gerry McNeilly, 2013 HRTO 1554

Blair McCreadie

17 cases2000–2015

David Muir

HRTOHuman Rights Tribunal of OntarioSep 13, 2013

Human rights application against food bank dismissed for having no reasonable prospect of success.

The applicant, a person with a learning disability and in receipt of ODSP benefits, filed a human rights application alleging discrimination by a food bank operated by the Salvation Army.

The applicant alleged discrimination on the grounds of creed, disability, receipt of public assistance, and reprisal, primarily concerning a requirement to sign a consent form to release personal information in order to access services.

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

The Tribunal found no evidence linking the requirement to sign the waiver, or any other alleged differential treatment, to a protected Code ground.

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

Woodwork v. Governing Council of the Salvation Army in Canada, 2013 HRTO 1539

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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

William M. SproullCounsel
2 appearances
Andrew T. GrahamCounsel
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
Rick LaporteUnion representative
1 appearance
Emma PhillipsCounsel
1 appearance
Quadira JacksonCounsel
1 appearance
Elizabeth NurseCounsel
1 appearance
Insiya EssajeeCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Fred HoUnion 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

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

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Glorie AlfredCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Joseph N. TasconaCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Patricia G. MurrayCounsel
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

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

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
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

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

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

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

Christoper Dunn

1 case2013–2013

David Muir

HRTOHuman Rights Tribunal of OntarioOct 22, 2013

Human rights application against union dismissed at summary hearing for lacking reasonable prospect of success.

The applicant filed a human rights application alleging discrimination based on disability against his employer and his union.

The Tribunal held a summary hearing to determine whether the application against the union respondents had a reasonable prospect of success.

The applicant alleged the union failed to file grievances regarding his treatment by the employer's health department.

The Tribunal found no evidence linking the union's failure to act to the applicant's disability, concluding the claims against the union were speculative.

The application against the union respondents was dismissed, while the remaining parties proceeded to mediation.

Lawrence v. Chrysler Canada, 2013 HRTO 1777

David Muir

HRTOHuman Rights Tribunal of OntarioOct 15, 2013

Application against one respondent dismissed due to applicant's failure to provide accurate contact information.

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

The Tribunal was unable to deliver the application to one of the named respondents, JLL, at the address provided.

The Tribunal directed the applicant to provide current and accurate contact information for JLL, but the applicant failed to respond.

As a result, the Tribunal dismissed the application as it relates to JLL.

Boyer v. Robinson Solutions Inc., 2013 HRTO 1734

David Muir

HRTOHuman Rights Tribunal of OntarioOct 11, 2013

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

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

The application was deferred pending the conclusion of a related WSIAT proceeding.

Over several years, the applicant failed to take steps to advance the WSIAT proceeding and repeatedly failed to respond to the Tribunal's Case Assessment Directions.

The Tribunal found that the applicant had abandoned the application and dismissed it.

Baccala v. Extendicare (Canada), 2013 HRTO 1726

David Muir

HRTOHuman Rights Tribunal of OntarioOct 9, 2013

Request to dismiss application denied; internal insurance appeal process is not a statutory proceeding.

The Tribunal denied the request, holding that an internal appeal process lacks a statutory basis and therefore does not constitute a 'proceeding' within the meaning of section 45.1.

Kelly Maika v. Her Majesty the Queen in Right of Ontario, as represented by the Minister of Government Services and Manufacturers Life Insurance Company, 2013 HRTO 1704

David Muir

HRTOHuman Rights Tribunal of OntarioOct 7, 2013

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 as it appeared to be outside its jurisdiction.

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

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

George Marko v. Cornerstone Bar and Grill, 2013 HRTO 1683

David Muir

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

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

The respondent filed a Request for Order During Proceeding seeking early dismissal on the basis that the matter fell under federal jurisdiction.

The applicant failed to respond to the Request and subsequently failed to respond to a Case Assessment Direction requiring submissions.

The Tribunal deemed the application abandoned and dismissed it.

Miguel Valencia v. Ontario Power Generation, 2013 HRTO 1675

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.

The Tribunal had previously deferred the application pending the conclusion of an Employment Standards Act claim.

After the applicant failed to respond to multiple Tribunal inquiries regarding the status of the other proceeding, the Tribunal deemed the application abandoned and dismissed it.

Sarah Rogers v. Holcim (Canada) Inc., 2013 HRTO 1671

David Muir

Reconsideration of abandoned application denied; applicant's explanation for missing deadlines found not credible.

The applicant requested a reconsideration of a decision that dismissed her human rights application as abandoned after she failed to respond to Tribunal correspondence regarding hearing dates.

The applicant claimed she was confused by two letters sent by the Tribunal with different response deadlines.

The Tribunal found the applicant's explanations inconsistent and not credible, noting she failed to comply with earlier directions and only contacted the Tribunal after her application was dismissed.

The request for reconsideration was denied.

Devoe v. Haran, 2013 HRTO 1670

David Muir

Tribunal grants respondent 14-day extension to file response before proceeding without its participation.

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

The respondent failed to file a response by the deadline set in the Notice of Application.

Daryl Rowley v. Kappeler Masonry Corporation, 2013 HRTO 1669

David Muir

Request for reconsideration denied as applicants failed to meet threshold criteria or explain prior non-compliance.

The applicants filed a request for reconsideration of a previous decision that dismissed their human rights application as abandoned due to their failure to comply with Tribunal directions.

The request for reconsideration was denied.

E.A. and K.A. by their next friend M.A. v. Simcoe-Muskoka Catholic District School Board, 2013 HRTO 1640

David Muir

Reconsideration of abandonment dismissal denied where applicant provided no explanation for failing to comply with directions.

The applicant filed a human rights application alleging discrimination in goods and services.

The application was dismissed as abandoned after the applicant failed to comply with Tribunal directions to file a witness list and documents, and failed to communicate with the Tribunal.

The applicant requested reconsideration, stating she was not a lawyer and wanted to give evidence.

Kargbo v. Elections Ontario, 2013 HRTO 1638

David Muir

In Private Practice64 cases1984–2025

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

The applicant filed an application under the Human Rights Code alleging discrimination in employment.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to have been filed outside the one-year limitation period.

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

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

Suzuka Inoue v. Showa Canada Inc., 2013 HRTO 1637

David Baker

Brenda Bowlby

67 cases1984–2014

David Muir

HRTOHuman Rights Tribunal of OntarioSep 24, 2013

Tribunal denies respondent unrestricted access to applicant's treating physician but orders production of relevant medical records.

The Tribunal ordered the applicant to produce arguably relevant medical records from January 1, 2009 onwards.

Robinson v. Orillia Soldiers' Memorial Hospital, 2013 HRTO 1607

Hal Rolph

8 cases2010–2017

David Muir

HRTOHuman Rights Tribunal of OntarioSep 23, 2013

Age discrimination application dismissed; termination was driven by client dissatisfaction with performance, not age.

The applicant, a tool room attendant, alleged that his employment was terminated because of his age, noting that he was dismissed shortly after his 60th birthday and replaced by a 23-year-old.

The Tribunal found no substantial evidence that age was a factor in the decision, concluding that the respondent provided a credible, non-discriminatory explanation for the termination.

The application was dismissed.

Crerar v. LSI Supply Inc., 2013 HRTO 1596

David Muir

Respondent given 14 days to file a Response to human rights application or face default proceedings.

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

The respondent failed to file a Response by the deadline.

Brandan Suk v. Rockway Vineyards, 2013 HRTO 1575

David Muir

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

The applicant filed an application alleging reprisal under the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss because the application did not explain how the alleged behaviour related to claiming or enforcing a right under the Code.

The Tribunal directed the applicant to file written submissions.

The applicant failed to respond to the directions.

The Tribunal dismissed the application as abandoned.

Drouillard v. Dr. Jerry Tan, 2013 HRTO 1558

David Muir

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

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

The parties agreed to mediation, but the applicant failed to attend.

The Tribunal directed the applicant to indicate whether he intended to proceed, warning that failure to respond could result in dismissal for abandonment.

The applicant did not respond.

The Tribunal deemed the application abandoned and dismissed it.

Robert Arquette v. ThyssenKrupp Industrial Services Inc., 2013 HRTO 1556

David Muir

HRTOHuman Rights Tribunal of OntarioSep 18, 2013

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

The applicant filed an application under the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed outside the statutory time limits under section 34.

The applicant failed to respond to the Notice and subsequent directions.

Consequently, the Tribunal dismissed the application as abandoned.

Karen Dawe v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services, 2013 HRTO 1570

David Muir

HRTOHuman Rights Tribunal of OntarioSep 16, 2013

Reconsideration granted; claims against OIPRD dismissed summarily, but claims against police board proceed to hearing.

The applicant filed a human rights complaint alleging discrimination based on ethnic origin against the Toronto Police Services Board and the Independent Police Review Director.

The application was initially dismissed as abandoned, but the Tribunal granted reconsideration because the applicant had not received notice due to an invalid mailing address.

Mohamed Nemmour v. Toronto Police Services Board and Gerry McNeilly, 2013 HRTO 1554

Blair McCreadie

17 cases2000–2015

David Muir