David Muir

HRTOHuman Rights Tribunal of OntarioSep 13, 2013

Reconsideration request dismissed as applicant failed to meet threshold criteria and merely repeated previous arguments.

The applicant requested reconsideration of a decision that dismissed her human rights application for being filed 13 years after the last alleged incident of discrimination.

The Tribunal found that the applicant merely repeated arguments previously made and failed to establish any of the threshold criteria for reconsideration under Rule 26.5.

The request for reconsideration was dismissed.

Lorraine Sukhu v. Hiarrow and Wayne Kreklewich, 2013 HRTO 1538

David Muir

HRTOHuman Rights Tribunal of OntarioSep 11, 2013

Human rights application dismissed as abandoned after applicant failed to comply with document exchange rules.

The applicant failed to comply with the Tribunal's Rules 16 and 17 regarding the delivery of witness lists, witness statements, and documents.

After being issued a Case Assessment Direction warning that the application could be dismissed if she did not comply, the applicant failed to respond or communicate with the Tribunal.

The Tribunal dismissed the application as abandoned.

Emilyann Jacobs v. All Ontario Recycling Inc. Barrie, 2013 HRTO 1521

David Muir

HRTOHuman Rights Tribunal of OntarioSep 10, 2013

Human rights application dismissed due to applicant's inability to locate and serve the respondents.

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

The Tribunal's notices to the respondents were returned as the business had closed and the personal respondent had moved.

The applicant was directed to find alternative contact information or provide proof of personal delivery, but failed to do so.

The Tribunal dismissed the application, finding that it would be procedurally unfair to proceed without effective notice to the respondents.

Langford v. NSI Retail Inc., 2013 HRTO 1519

Human rights application dismissed for delay as applicant failed to establish good faith explanation.

The applicant filed a human rights application alleging discrimination on the basis of disability after his doctor terminated the doctor-patient relationship.

The application was filed almost two years after the last incident.

The Tribunal held a summary hearing to determine if the application should be dismissed for delay.

Finding that the applicant failed to establish a good faith explanation for the delay, the Tribunal dismissed the application as out of time.

Sisson v. St. Michael’s Hospital, 2013 HRTO 1494

Yu-Sung Soh

Practising Law - Employed1 case2013–2013

Eli Gedalof

Not Practising Law - Employed2 cases2013–2013

Daniel Fogel

34 cases2012–2024

David Muir

HRTOHuman Rights Tribunal of OntarioSep 3, 2013

Summary dismissal denied; applicants' claims regarding worksite drug testing policy allowed to proceed.

The applicants, who were employed by contractors at the respondent's worksite, alleged discrimination with respect to employment because of disability.

The respondent requested that the applications be dismissed at a summary hearing for having no reasonable prospect of success, arguing that the applicants were removed from the worksite for failing to comply with its drug and alcohol policy.

The Tribunal found that the applications could not be dismissed at this preliminary stage, as the applicants' allegations regarding the circumstances of the testing requests could potentially shift the burden to the respondent to explain its actions.

The Tribunal also found merit in the argument that the respondent's policy affected the applicants' employment, despite the respondent not being their direct employer.

Khoury and Strang v. AMEC Americas Ltd., 2013 HRTO 1481

David Muir

Human rights application dismissed as abandoned due to applicant's failure to comply with Tribunal directions.

The applicant filed an application alleging discrimination in the provision of goods and services.

The Tribunal issued a Case Assessment Direction requiring the applicant to file a witness list, witness statements, and documents pursuant to Rules 16 and 17, warning that failure to do so could result in the application being dismissed as abandoned.

The applicant failed to comply with the directions or communicate with the Tribunal.

Consequently, the application was dismissed as abandoned.

Kargbo v. Elections Ontario, 2013 HRTO 1478

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 parties reached a tentative settlement but failed to file a Form 25 confirming the settlement.

After the applicant failed to respond to multiple Tribunal directions and communications requesting a status update or the settlement form, the Tribunal deemed the application abandoned and dismissed it.

Andres v. The Co-operators General Insurance Company, 2013 HRTO 1474

Keith Mitchell

1 case2013–2013

David Muir

Human rights application dismissed; termination was due to performance issues, not perceived disability.

The applicant filed a human rights application alleging discrimination in employment on the basis of perceived disability.

The applicant claimed he was terminated after fainting at work following a public reprimand.

The respondent maintained the termination was due to long-standing performance issues, culminating in a poor maintenance audit on the day of the fainting incident.

The Tribunal dismissed the application, finding no evidence that the fainting incident or any perceived disability was a factor in the decision to terminate the applicant's employment.

Male v. Splitsville Entertainment Centre, 2013 HRTO 1471

Jehuda Kaminer

2 cases2013–2013

David Muir

Employer ordered to pay over $59,000 for egregious sexual harassment and assault of employee.

The applicant alleged that her employer, the respondent, sexually harassed and assaulted her in the workplace, leading her to leave her employment.

The respondent did not dispute the allegations and had previously pled guilty to criminal harassment.

The Tribunal found that the respondent violated the applicant's right to be free from discrimination in employment on the basis of sex.

The Tribunal awarded the applicant $29,120 for lost wages and $30,000 for injury to dignity, feelings, and self-respect.

Birchall v. Andres, 2013 HRTO 1469

David Muir

Applicant ordered to provide complete particulars of discrimination allegations within 14 days.

The respondents filed a Request for Order During Proceeding seeking particulars of the applicant's allegations of discrimination and reprisal.

The Tribunal found that the application lacked specific facts linking the respondents' actions to the alleged Code grounds.

The Tribunal directed the applicant to provide complete particulars of her allegations within 14 days, failing which the application may be dismissed as abandoned.

Patricia Baichan v. Assante Capital Management Ltd., 2013 HRTO 1466

David Muir

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

The applicant filed a human rights application but subsequently failed to provide updated contact information to the respondents or respond to Tribunal directions.

Despite multiple warnings that failure to respond could result in the application being deemed abandoned, the applicant did not reply.

The Tribunal deemed the application abandoned and dismissed it.

Murrin v. Roman Catholic Episcopal Corporation for the Archdiocese of Toronto, 2013 HRTO 1464

David Muir

Human rights application dismissed as abandoned after applicant failed to provide requested submissions despite extensions.

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

The Tribunal directed the applicant to provide written submissions identifying specific acts of discrimination, as the Application failed to do so.

Despite being granted multiple extensions of time, the applicant failed to provide the requested submissions.

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

Mathurin v. Naylor, 2013 HRTO 1456

David Muir

Human rights application dismissed as abandoned after applicant failed to provide requested submissions despite extensions.

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

The Tribunal directed the applicant to provide written submissions identifying specific acts of discrimination, warning that failure to do so could result in dismissal for abandonment.

Despite being granted multiple extensions of time, the applicant failed to provide the requested submissions.

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

Mathurin v. McGuinty, 2013 HRTO 1455

David Muir

Human rights application dismissed as abandoned after applicants failed to comply with Tribunal directions.

The applicants filed an application alleging discrimination with respect to services by the respondent school board.

Following a case management conference call, the Tribunal directed the applicants to produce certain documents, including Ontario School Records and Children's Aid Society files, and to provide particulars of their allegations.

The applicants failed to comply with any of the Tribunal's directions and did not communicate with the Tribunal.

Consequently, the Tribunal found that the applicants had abandoned their application and dismissed it.

E.A. and K.A. v. Simcoe-Muskoka Catholic District School Board, 2013 HRTO 1453

David Muir

Respondent given 10 days to file a response to human rights application before proceeding undefended.

The applicant filed a human rights application against the respondent.

The respondent failed to file a response by the deadline.

The Tribunal issued an interim decision directing the respondent to file a response within 10 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.

Cullen v. LPI Level Platforms Inc., 2013 HRTO 1449

David Muir

Respondents granted 14 days to file a response to human rights application after missing initial deadline.

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

The respondents failed to file a response by the directed deadline.

The Tribunal issued an interim decision warning the respondents that failure to participate could lead to orders against them without further notice, pursuant to Rule 5.5 of the Tribunal's Rules of Procedure.

The respondents were granted 14 days to file a response along with an explanation for the delay.

Manu v. Centum Fundamental Financial Incorporated, 2013 HRTO 1445

David Muir

HRTOHuman Rights Tribunal of OntarioAug 21, 2013

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

The applicant filed an application alleging discrimination with respect to goods, services, and facilities based on disability.

The applicant failed to attend a scheduled mediation and subsequently failed to respond to the Tribunal's direction to advise whether he intended to proceed with the application.

The Tribunal deemed the application abandoned and dismissed it.

Norman Burnett v. Sunnybrook Health Sciences Centre, 2013 HRTO 1434

David Muir

Tribunal denied reconsideration of an interim order and directed a summary hearing on its own initiative.

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

The applicant requested reconsideration of a previous decision denying a request to expedite the hearing.

The Tribunal denied the reconsideration request, noting that reconsideration is only available for final decisions.

On its own initiative, the Tribunal directed a summary hearing to determine whether the application should be dismissed for having no reasonable prospect of success, citing potential issues with timeliness, lack of a link to Code grounds, and insufficient evidence of reprisal.

King v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, 2013 HRTO 1411

Donald McLeod

19 cases2004–2013

David Muir

In Private Practice52 cases2012–2026

Request for reconsideration dismissed; section 34(11) is a mandatory jurisdictional bar regardless of civil claim outcome.

The applicant requested reconsideration of an interim decision that dismissed part of his human rights application under section 34(11) of the Human Rights Code due to a concurrent civil claim.

The applicant argued that the decision conflicted with established jurisprudence because the failure of the civil claim would defeat the Code claim.

The Tribunal dismissed the request, finding that section 34(11) is a mandatory jurisdictional bar and the Tribunal cannot consider the potential outcome of the civil litigation.

The Tribunal also declined the applicant's request to clarify that past procedural failures were the fault of his former counsel.

Shallow v. Toronto Police Services Board, 2013 HRTO 1409

Shahzad Siddiqui

David Muir

HRTOHuman Rights Tribunal of OntarioAug 15, 2013

Cross-applications for breach of human rights settlement dismissed for insufficient evidence of disparagement or confidentiality breach.

The parties filed cross-applications alleging breaches of a prior settlement agreement.

The applicant alleged that officials of the respondent Foundation made disparaging remarks about him and breached confidentiality.

The respondent Foundation alleged that the applicant breached confidentiality and made disparaging remarks.

Following a hearing, the Tribunal dismissed both applications.

The Tribunal found insufficient evidence to establish that the respondents made the alleged disparaging remarks.

Furthermore, there was no evidence that the applicant breached the confidentiality provision, and his remarks did not constitute disparagement under the Minutes of Settlement.

Zafar Sultan v. Islamic Foundation of Toronto, 2013 HRTO 1314

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

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

Ross GowerCounsel
1 appearance
Elliot SpearsCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
Melanie HerbinCounsel
4 appearances
Roy FilionCounsel
4 appearances
David PatacairkCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Pauline KwanCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Greg BullenCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Naomi MargoCounsel
1 appearance
Vivian BercoviciCounsel
1 appearance
Kerri KitchenCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance
Jeffrey NicholsonCounsel
1 appearance
Civity GauleyCounsel
1 appearance

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
John CruikshankAgent
1 appearance
Katherine PollockCounsel
1 appearance
Sheryl L. JohnsonCounsel
1 appearance
Steve WilliamsCounsel
1 appearance
Meredith GaydaCounsel
1 appearance
Paula M. RusakCounsel
1 appearance
Stephen ShortCounsel
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
David PatacairkCounsel
1 appearance

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

Antonella CeddiaCounsel
1 appearance
Andrea DonevanCounsel
1 appearance

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

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

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

Andy PushalikCounsel
1 appearance
Christine LeblancCounsel
1 appearance

for the Social Benefits Tribunal and Social Justice Tribunals of Ontario

Asad MotenCounsel
1 appearance

for the TPA respondents

Caroline v. (Nini) JonesCounsel
1 appearance

for the TPSB respondents

Omo AkintanCounsel
1 appearance

for the TPSOA respondents

Ian RolandCounsel
1 appearance

for the United Food and Commercial Workers Union, Local 175

Sandra ColeAgent
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for Toronto District School Board

Glorie AlfredCounsel
1 appearance

for Traders General Insurance Company

Mark DonaldsonCounsel
1 appearance

for University Health Network

Jacqueline SilveraAgent
1 appearance

for Waste Management of Canada Corporation

Seann D. McAleeseCounsel
1 appearance

for Wawanesa Mutual Insurance Company

Darrell MarchCounsel
1 appearance
Donald G. CormackCounsel
1 appearance
Danette CashmanCounsel
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

Melanie MalachCounsel
1 appearance
Jennifer GuthCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

Indira HansrajSelf-represented
1 appearance
Jody WilliamsSelf-represented
1 appearance

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

/Adjudicator

David Muir — Vice-Chair

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

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

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

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

David Muir

HRTOHuman Rights Tribunal of OntarioSep 13, 2013

Reconsideration request dismissed as applicant failed to meet threshold criteria and merely repeated previous arguments.

The applicant requested reconsideration of a decision that dismissed her human rights application for being filed 13 years after the last alleged incident of discrimination.

The Tribunal found that the applicant merely repeated arguments previously made and failed to establish any of the threshold criteria for reconsideration under Rule 26.5.

The request for reconsideration was dismissed.

Lorraine Sukhu v. Hiarrow and Wayne Kreklewich, 2013 HRTO 1538

David Muir

HRTOHuman Rights Tribunal of OntarioSep 11, 2013

Human rights application dismissed as abandoned after applicant failed to comply with document exchange rules.

The applicant failed to comply with the Tribunal's Rules 16 and 17 regarding the delivery of witness lists, witness statements, and documents.

After being issued a Case Assessment Direction warning that the application could be dismissed if she did not comply, the applicant failed to respond or communicate with the Tribunal.

The Tribunal dismissed the application as abandoned.

Emilyann Jacobs v. All Ontario Recycling Inc. Barrie, 2013 HRTO 1521

David Muir

HRTOHuman Rights Tribunal of OntarioSep 10, 2013

Human rights application dismissed due to applicant's inability to locate and serve the respondents.

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

The Tribunal's notices to the respondents were returned as the business had closed and the personal respondent had moved.

The applicant was directed to find alternative contact information or provide proof of personal delivery, but failed to do so.

The Tribunal dismissed the application, finding that it would be procedurally unfair to proceed without effective notice to the respondents.

Langford v. NSI Retail Inc., 2013 HRTO 1519

Moya Graham

1 case2013–2013

Angela Bradley

In Private Practice1 case2013–2013

David Muir

HRTOHuman Rights Tribunal of OntarioSep 5, 2013

Human rights application dismissed for delay as applicant failed to establish good faith explanation.

The applicant filed a human rights application alleging discrimination on the basis of disability after his doctor terminated the doctor-patient relationship.

The application was filed almost two years after the last incident.

The Tribunal held a summary hearing to determine if the application should be dismissed for delay.

Finding that the applicant failed to establish a good faith explanation for the delay, the Tribunal dismissed the application as out of time.

Sisson v. St. Michael’s Hospital, 2013 HRTO 1494

Yu-Sung Soh

Practising Law - Employed1 case2013–2013

Eli Gedalof

Not Practising Law - Employed2 cases2013–2013

Daniel Fogel

34 cases2012–2024

David Muir

HRTOHuman Rights Tribunal of OntarioSep 3, 2013

Summary dismissal denied; applicants' claims regarding worksite drug testing policy allowed to proceed.

The applicants, who were employed by contractors at the respondent's worksite, alleged discrimination with respect to employment because of disability.

The Tribunal also found merit in the argument that the respondent's policy affected the applicants' employment, despite the respondent not being their direct employer.

Khoury and Strang v. AMEC Americas Ltd., 2013 HRTO 1481

David Muir

Human rights application dismissed as abandoned due to applicant's failure to comply with Tribunal directions.

The applicant filed an application alleging discrimination in the provision of goods and services.

The applicant failed to comply with the directions or communicate with the Tribunal.

Consequently, the application was dismissed as abandoned.

Kargbo v. Elections Ontario, 2013 HRTO 1478

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 parties reached a tentative settlement but failed to file a Form 25 confirming the settlement.

Andres v. The Co-operators General Insurance Company, 2013 HRTO 1474

Keith Mitchell

1 case2013–2013

David Muir

Human rights application dismissed; termination was due to performance issues, not perceived disability.

The applicant filed a human rights application alleging discrimination in employment on the basis of perceived disability.

The applicant claimed he was terminated after fainting at work following a public reprimand.

The respondent maintained the termination was due to long-standing performance issues, culminating in a poor maintenance audit on the day of the fainting incident.

The Tribunal dismissed the application, finding no evidence that the fainting incident or any perceived disability was a factor in the decision to terminate the applicant's employment.

Male v. Splitsville Entertainment Centre, 2013 HRTO 1471

Jehuda Kaminer

2 cases2013–2013

David Muir

Employer ordered to pay over $59,000 for egregious sexual harassment and assault of employee.

The applicant alleged that her employer, the respondent, sexually harassed and assaulted her in the workplace, leading her to leave her employment.

The respondent did not dispute the allegations and had previously pled guilty to criminal harassment.

The Tribunal found that the respondent violated the applicant's right to be free from discrimination in employment on the basis of sex.

The Tribunal awarded the applicant $29,120 for lost wages and $30,000 for injury to dignity, feelings, and self-respect.

Birchall v. Andres, 2013 HRTO 1469

David Muir

Applicant ordered to provide complete particulars of discrimination allegations within 14 days.

The respondents filed a Request for Order During Proceeding seeking particulars of the applicant's allegations of discrimination and reprisal.

The Tribunal found that the application lacked specific facts linking the respondents' actions to the alleged Code grounds.

The Tribunal directed the applicant to provide complete particulars of her allegations within 14 days, failing which the application may be dismissed as abandoned.

Patricia Baichan v. Assante Capital Management Ltd., 2013 HRTO 1466

David Muir

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

The applicant filed a human rights application but subsequently failed to provide updated contact information to the respondents or respond to Tribunal directions.

Despite multiple warnings that failure to respond could result in the application being deemed abandoned, the applicant did not reply.

The Tribunal deemed the application abandoned and dismissed it.

Murrin v. Roman Catholic Episcopal Corporation for the Archdiocese of Toronto, 2013 HRTO 1464

David Muir

Human rights application dismissed as abandoned after applicant failed to provide requested submissions despite extensions.

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

The Tribunal directed the applicant to provide written submissions identifying specific acts of discrimination, as the Application failed to do so.

Despite being granted multiple extensions of time, the applicant failed to provide the requested submissions.

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

Mathurin v. Naylor, 2013 HRTO 1456

David Muir

Human rights application dismissed as abandoned after applicant failed to provide requested submissions despite extensions.

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

The Tribunal directed the applicant to provide written submissions identifying specific acts of discrimination, warning that failure to do so could result in dismissal for abandonment.

Despite being granted multiple extensions of time, the applicant failed to provide the requested submissions.

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

Mathurin v. McGuinty, 2013 HRTO 1455

David Muir

Human rights application dismissed as abandoned after applicants failed to comply with Tribunal directions.

The applicants filed an application alleging discrimination with respect to services by the respondent school board.

The applicants failed to comply with any of the Tribunal's directions and did not communicate with the Tribunal.

Consequently, the Tribunal found that the applicants had abandoned their application and dismissed it.

E.A. and K.A. v. Simcoe-Muskoka Catholic District School Board, 2013 HRTO 1453

David Muir

Respondent given 10 days to file a response to human rights application before proceeding undefended.

The applicant filed a human rights application against the respondent.

The respondent failed to file a response by the deadline.

Cullen v. LPI Level Platforms Inc., 2013 HRTO 1449

David Muir

Respondents granted 14 days to file a response to human rights application after missing initial deadline.

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

The respondents failed to file a response by the directed deadline.

The respondents were granted 14 days to file a response along with an explanation for the delay.

Manu v. Centum Fundamental Financial Incorporated, 2013 HRTO 1445

David Muir

HRTOHuman Rights Tribunal of OntarioAug 21, 2013

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

The applicant filed an application alleging discrimination with respect to goods, services, and facilities based on disability.

The applicant failed to attend a scheduled mediation and subsequently failed to respond to the Tribunal's direction to advise whether he intended to proceed with the application.

The Tribunal deemed the application abandoned and dismissed it.

Norman Burnett v. Sunnybrook Health Sciences Centre, 2013 HRTO 1434

David Muir

Tribunal denied reconsideration of an interim order and directed a summary hearing on its own initiative.

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

The applicant requested reconsideration of a previous decision denying a request to expedite the hearing.

The Tribunal denied the reconsideration request, noting that reconsideration is only available for final decisions.

King v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, 2013 HRTO 1411

Donald McLeod

19 cases2004–2013

David Muir

In Private Practice52 cases2012–2026

Request for reconsideration dismissed; section 34(11) is a mandatory jurisdictional bar regardless of civil claim outcome.

The applicant requested reconsideration of an interim decision that dismissed part of his human rights application under section 34(11) of the Human Rights Code due to a concurrent civil claim.

The applicant argued that the decision conflicted with established jurisprudence because the failure of the civil claim would defeat the Code claim.

The Tribunal dismissed the request, finding that section 34(11) is a mandatory jurisdictional bar and the Tribunal cannot consider the potential outcome of the civil litigation.

The Tribunal also declined the applicant's request to clarify that past procedural failures were the fault of his former counsel.

Shallow v. Toronto Police Services Board, 2013 HRTO 1409

Shahzad Siddiqui

David Muir