David Muir

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

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

The Tribunal sent multiple communications requesting mutually agreeable dates to reschedule a summary hearing and asking the applicant to confirm her intentions.

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

Consequently, the application was deemed abandoned and dismissed.

Susan Ann Devoe v. Prabha Haran and Samantha Thornton, 2013 HRTO 1132

David Muir

Tribunal dismisses out-of-time discrimination allegations, finding they did not form a series of incidents.

The applicant filed a human rights application alleging discrimination by the respondent transit commission based on race, colour, and creed during incidents in October 2011 and March 2012.

The respondent requested a summary hearing and argued the October 2011 allegations were out of time.

The Tribunal denied the request for a summary hearing without reasons, pursuant to its rules.

However, the Tribunal found that the October 2011 incident was out of time and did not constitute a 'series of incidents' with the March 2012 incident, as they involved different individuals and were separated by more than five months.

The October 2011 allegations were dismissed.

Julian DeMattos v. Toronto Transit Commission, 2013 HRTO 1124

David Muir

HRTOHuman Rights Tribunal of OntarioJun 26, 2013

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

The applicant filed a human rights application alleging discrimination with respect to goods and services because of race.

The respondent filed a Request for Summary Hearing.

The applicant failed to respond to the request and a subsequent Case Assessment Direction.

The Tribunal dismissed the application as abandoned due to the applicant's failure to participate in the proceeding.

Hashim Sada v. Toronto Transit Commission, 2013 HRTO 1129

David Muir

HRTOHuman Rights Tribunal of OntarioJun 24, 2013

Reconsideration of decision dismissing applications and declaring applicant a vexatious litigant denied.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his three human rights applications as an abuse of process and having no reasonable prospect of success, and which declared him a vexatious litigant.

The applicant argued procedural irregularities and presented what he claimed was new evidence.

The Tribunal found that the applicant was attempting to re-litigate issues already decided and that the evidence presented was not new within the meaning of the Tribunal's Rules.

The request for reconsideration was denied.

Banigan v. Sheridan College Institute of Technology and Advanced Learning, 2013 HRTO 1113

Human rights application alleging racial bias in job competitions dismissed for no reasonable prospect of success.

The applicant alleged discrimination in employment on the basis of ancestry, colour, creed, ethnic origin, place of origin, and race after being unsuccessful in two job competitions.

After hearing the applicant's case and the respondent's key witness, the Tribunal requested submissions on whether the application had a reasonable prospect of success.

The Tribunal found no evidence to support the applicant's allegations of racial bias, noting that the successful candidate was clearly superior and the applicant's own references did not recommend her for the position.

The application was dismissed.

Peggy Harrypersad v. Peel District School Board, 2013 HRTO 985

Michelle Alton

14 cases2010–2014

Jorge Hurtado

36 cases2009–2026

David Muir

HRTOHuman Rights Tribunal of OntarioJun 3, 2013

Human rights application alleging reprisal deferred pending completion of concurrent grievance arbitration.

The applicant filed a human rights application alleging reprisal, claiming he was suspended and dismissed for failing to participate in a cover-up of alleged Code violations.

A concurrent grievance regarding his suspension and termination was scheduled for arbitration.

The Tribunal deferred the application pending the completion of the grievance process, noting the substantial overlap in facts and issues and the arbitrator's jurisdiction to apply human rights law.

Danbrook v. Hilton Toronto Hotel, 2013 HRTO 977

David Muir

HRTOHuman Rights Tribunal of OntarioMay 31, 2013

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

The applicant filed an application under the Human Rights Code but indicated that a civil proceeding had been commenced regarding the same facts and issues.

The Tribunal issued a Notice of Intent to Dismiss and directed the applicant to provide submissions.

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

Consequently, the Tribunal dismissed the application as abandoned.

Kyle Paterson v. Edward Jones Investments and Kathryn Chenier, 2013 HRTO 965

David Muir

HRTOHuman Rights Tribunal of OntarioMay 30, 2013

Respondents given 14 days to file Response to human rights application before proceeding without them.

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

The respondents failed to file a Response by the required deadline.

The Tribunal issued an interim decision directing the respondents to file a Response within 14 days, failing which the Tribunal may proceed without further notice to them.

Tanya Loria v. Petm Canada Corporation o/a Petsmart and Roly Morris, 2013 HRTO 953

David Muir

Human rights application dismissed as abandoned due to applicant's failure to respond to Tribunal correspondence.

The applicant filed a human rights application against the respondent.

The Tribunal subsequently contacted the applicant multiple times to reschedule a mediation and to confirm her intentions regarding the application, warning that failure to respond could result in dismissal.

The applicant failed to respond to any correspondence.

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

Walton v. META Vocational Services Inc., 2013 HRTO 950

David Muir

Practising Law - Employed9 cases2001–2015

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

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

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

The applicant subsequently submitted a Consent Form regarding a Request to Withdraw, but failed to provide the required Form 9 despite multiple requests from the Tribunal.

After failing to respond to the Tribunal's correspondence warning of dismissal, the application was deemed abandoned and dismissed.

Lynda Gough v. Her Majesty the Queen in Right of Ontario, as represented by the Minister of Community and Correctional Services, 2013 HRTO 949

Melanie Herbin

David Muir

Human rights application dismissed as an abuse of process due to applicant's ungovernable conduct and non-attendance.

The applicant filed a human rights complaint alleging discrimination in the provision of goods and services related to the Second Career program.

The applicant repeatedly failed to comply with the Tribunal's rules and directions regarding pre-hearing disclosure, made baseless allegations against the adjudicator and respondent's counsel, and engaged in abusive and disrespectful conduct.

The applicant failed to attend the scheduled hearing.

The Tribunal dismissed the application as abandoned and as an abuse of process.

Cameron v. Ontario (Training, Colleges and Universities), 2013 HRTO 945

David Muir

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

The applicant's human rights application was previously deferred pending the conclusion of a proceeding before the Canadian Human Rights Commission.

The Tribunal subsequently requested updates on the status of the other proceeding.

After the applicant failed to respond to the Tribunal's latest request and had no communication with the Tribunal for nearly a year, the Tribunal found the application to be abandoned and dismissed it.

Aubin La v. Garda Security Screening Inc. and Canadian Airport Workers Union, 2013 HRTO 941

David Muir

Tribunal gives non-responding respondents 14 days to file a response before proceeding without them.

The applicant filed an application under the Human Rights Code.

Two of the respondents failed to file a response within the required timeline, despite being re-served at an alternative address.

The Tribunal issued an interim decision directing the non-responding respondents to file a response within 14 days, failing which the Tribunal may proceed without further notice to them and deem them to have accepted the allegations.

Heather Graansma v. Klein Horsman Carpet One and Albert Klein Horsman and Russ Gale, 2013 HRTO 940

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code alleging discrimination with respect to goods and services because of disability.

The respondent filed a Response and a Request for Summary Hearing.

The applicant failed to respond to the request and subsequent Tribunal directions, including a Case Assessment Direction.

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

Richards v. Ontario (Community and Social Services), 2013 HRTO 939

David Muir

HRTOHuman Rights Tribunal of OntarioMay 24, 2013

Respondent given final 14-day extension to file Response to contravention of settlement application.

The applicant filed an Application for Contravention of Settlement.

The respondent failed to file a Response despite being granted an extension of time.

The Tribunal issued an Interim Decision warning the respondent that failure to file a Response within 14 days could result in the Tribunal proceeding without further notice and deeming the respondent to have accepted the allegations, pursuant to Rule 5.5 of the Tribunal's Rules of Procedure.

Stephen Young-Chin v. P.J. O’Brien Irish Pub & Restaurant, 2013 HRTO 888

David Muir

HRTOHuman Rights Tribunal of OntarioMay 23, 2013

Human rights application dismissed as abandoned after parties failed to file settlement confirmation.

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

The Tribunal was informed that the parties had settled the matter but had not filed a Form 25 confirming the settlement.

The Tribunal directed the parties to file the form or confirm the intention to proceed to a hearing, warning that failure to do so might result in the application being deemed abandoned.

Neither party responded.

The Tribunal deemed the application abandoned and dismissed it.

Jean-Guy Touchette v. Ottawa Catholic School Board, 2013 HRTO 895

David Hanick

Practising Law - Employed1 case2013–2013

David Muir

Tribunal resolves preliminary motions, denying requests to dismiss application, add parties, and order inquiry.

The applicant filed a human rights application alleging discrimination in housing and inappropriate comments by the respondent's representatives.

In this interim decision, the Tribunal addressed several preliminary requests.

The respondent's request to dismiss the application based on the tenant screening exemption in section 21.3 of the Code was dismissed as premature.

The applicant's requests for a Tribunal Ordered Inquiry to obtain a video tape and to add two former employees as respondents were denied.

The respondent's request to strike the applicant's late-filed Reply was also denied, as there was no prejudice.

The matter was directed to be scheduled for a one-day hearing.

Deveaux v. Transglobe Apartment Real Estate Investment Trust, 2013 HRTO 886

David Muir

Human rights application alleging racial discrimination by a school dismissed for no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination with respect to goods and services on the basis of race, colour, and receipt of social assistance.

She claimed her daughter was treated poorly and removed from the respondent's school due to her race.

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

The Tribunal found that the applicant had no substantial evidence beyond mere speculation to link the school's actions to a prohibited ground, noting the respondent's evidence that the child was removed for delinquent fee payments.

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

Richards v. Brackendale Montessori, 2013 HRTO 879

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code, which was deferred pending the completion of a grievance proceeding.

The Tribunal later requested an update on the grievance, warning that failure to respond could result in dismissal for abandonment.

The respondent advised that the grievance had settled, but the applicant failed to respond to the Tribunal's inquiry.

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

Alonzi v. BFI Canada Inc., 2013 HRTO 871

David Muir

Employment and Labour Law

Union granted intervenor status in employee's human rights application alleging workplace discrimination and reprisal.

The applicant filed a human rights application alleging discrimination and reprisal in employment after complaining about a poster in the workplace washroom.

The applicant's bargaining agent, CAW-Canada, filed a Request to Intervene.

Noting that a union generally has an interest in a human rights application brought by a bargaining unit employee, and with no opposition from the other parties, the Tribunal granted the intervention request.

The Tribunal also directed the applicant to confirm his willingness to participate in mediation.

Steve Menyhart v. Regional Municipality of Waterloo, 2013 HRTO 870

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Self-representedSelf-represented
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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

Jessica FioreCounsel
1 appearance
Lori PatykCounsel
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
James V. LeoneCounsel
1 appearance
Kevin GriffithsCounsel
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
Quadira JacksonCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Anne GregoryCounsel
1 appearance
Insiya EssajeeCounsel
1 appearance
Elizabeth NurseCounsel
1 appearance
Rick LaporteUnion representative
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

Jon CannSelf-represented
1 appearance
Stephen RobinsonSelf-represented
1 appearance
Sandra JohnsonSelf-represented
1 appearance
Jeff BrooksSelf-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
Steve LavenderCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Greg BullenCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Adrien IafrateCounsel
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)

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

for the Respondents

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

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

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

Jennifer GuthCounsel
1 appearance
Melanie MalachCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

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

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

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

The Tribunal sent multiple communications requesting mutually agreeable dates to reschedule a summary hearing and asking the applicant to confirm her intentions.

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

Consequently, the application was deemed abandoned and dismissed.

Susan Ann Devoe v. Prabha Haran and Samantha Thornton, 2013 HRTO 1132

David Muir

Tribunal dismisses out-of-time discrimination allegations, finding they did not form a series of incidents.

The applicant filed a human rights application alleging discrimination by the respondent transit commission based on race, colour, and creed during incidents in October 2011 and March 2012.

The respondent requested a summary hearing and argued the October 2011 allegations were out of time.

The Tribunal denied the request for a summary hearing without reasons, pursuant to its rules.

The October 2011 allegations were dismissed.

Julian DeMattos v. Toronto Transit Commission, 2013 HRTO 1124

David Muir

HRTOHuman Rights Tribunal of OntarioJun 26, 2013

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

The applicant filed a human rights application alleging discrimination with respect to goods and services because of race.

The respondent filed a Request for Summary Hearing.

The applicant failed to respond to the request and a subsequent Case Assessment Direction.

The Tribunal dismissed the application as abandoned due to the applicant's failure to participate in the proceeding.

Hashim Sada v. Toronto Transit Commission, 2013 HRTO 1129

David Muir

HRTOHuman Rights Tribunal of OntarioJun 24, 2013

Reconsideration of decision dismissing applications and declaring applicant a vexatious litigant denied.

The applicant argued procedural irregularities and presented what he claimed was new evidence.

The Tribunal found that the applicant was attempting to re-litigate issues already decided and that the evidence presented was not new within the meaning of the Tribunal's Rules.

The request for reconsideration was denied.

Banigan v. Sheridan College Institute of Technology and Advanced Learning, 2013 HRTO 1113

Roy C. Filion

42 cases1980–2017

Lata J. Menon

In Private Practice1 case2013–2013

D. Paul

5 cases2013–2019

David Muir

HRTOHuman Rights Tribunal of OntarioJun 3, 2013

Human rights application alleging racial bias in job competitions dismissed for no reasonable prospect of success.

The applicant alleged discrimination in employment on the basis of ancestry, colour, creed, ethnic origin, place of origin, and race after being unsuccessful in two job competitions.

After hearing the applicant's case and the respondent's key witness, the Tribunal requested submissions on whether the application had a reasonable prospect of success.

The application was dismissed.

Peggy Harrypersad v. Peel District School Board, 2013 HRTO 985

Michelle Alton

14 cases2010–2014

Jorge Hurtado

36 cases2009–2026

David Muir

HRTOHuman Rights Tribunal of OntarioJun 3, 2013

Human rights application alleging reprisal deferred pending completion of concurrent grievance arbitration.

The applicant filed a human rights application alleging reprisal, claiming he was suspended and dismissed for failing to participate in a cover-up of alleged Code violations.

A concurrent grievance regarding his suspension and termination was scheduled for arbitration.

The Tribunal deferred the application pending the completion of the grievance process, noting the substantial overlap in facts and issues and the arbitrator's jurisdiction to apply human rights law.

Danbrook v. Hilton Toronto Hotel, 2013 HRTO 977

David Muir

HRTOHuman Rights Tribunal of OntarioMay 31, 2013

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

The applicant filed an application under the Human Rights Code but indicated that a civil proceeding had been commenced regarding the same facts and issues.

The Tribunal issued a Notice of Intent to Dismiss and directed the applicant to provide submissions.

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

Consequently, the Tribunal dismissed the application as abandoned.

Kyle Paterson v. Edward Jones Investments and Kathryn Chenier, 2013 HRTO 965

David Muir

HRTOHuman Rights Tribunal of OntarioMay 30, 2013

Respondents given 14 days to file Response to human rights application before proceeding without them.

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

The respondents failed to file a Response by the required deadline.

The Tribunal issued an interim decision directing the respondents to file a Response within 14 days, failing which the Tribunal may proceed without further notice to them.

Tanya Loria v. Petm Canada Corporation o/a Petsmart and Roly Morris, 2013 HRTO 953

David Muir

Human rights application dismissed as abandoned due to applicant's failure to respond to Tribunal correspondence.

The applicant filed a human rights application against the respondent.

The applicant failed to respond to any correspondence.

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

Walton v. META Vocational Services Inc., 2013 HRTO 950

David Muir

Practising Law - Employed9 cases2001–2015

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

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

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

The applicant subsequently submitted a Consent Form regarding a Request to Withdraw, but failed to provide the required Form 9 despite multiple requests from the Tribunal.

After failing to respond to the Tribunal's correspondence warning of dismissal, the application was deemed abandoned and dismissed.

Lynda Gough v. Her Majesty the Queen in Right of Ontario, as represented by the Minister of Community and Correctional Services, 2013 HRTO 949

Melanie Herbin

David Muir

Human rights application dismissed as an abuse of process due to applicant's ungovernable conduct and non-attendance.

The applicant filed a human rights complaint alleging discrimination in the provision of goods and services related to the Second Career program.

The applicant failed to attend the scheduled hearing.

The Tribunal dismissed the application as abandoned and as an abuse of process.

Cameron v. Ontario (Training, Colleges and Universities), 2013 HRTO 945

David Muir

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

The applicant's human rights application was previously deferred pending the conclusion of a proceeding before the Canadian Human Rights Commission.

The Tribunal subsequently requested updates on the status of the other proceeding.

Aubin La v. Garda Security Screening Inc. and Canadian Airport Workers Union, 2013 HRTO 941

David Muir

Tribunal gives non-responding respondents 14 days to file a response before proceeding without them.

The applicant filed an application under the Human Rights Code.

Two of the respondents failed to file a response within the required timeline, despite being re-served at an alternative address.

Heather Graansma v. Klein Horsman Carpet One and Albert Klein Horsman and Russ Gale, 2013 HRTO 940

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code alleging discrimination with respect to goods and services because of disability.

The respondent filed a Response and a Request for Summary Hearing.

The applicant failed to respond to the request and subsequent Tribunal directions, including a Case Assessment Direction.

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

Richards v. Ontario (Community and Social Services), 2013 HRTO 939

David Muir

HRTOHuman Rights Tribunal of OntarioMay 24, 2013

Respondent given final 14-day extension to file Response to contravention of settlement application.

The applicant filed an Application for Contravention of Settlement.

The respondent failed to file a Response despite being granted an extension of time.

Stephen Young-Chin v. P.J. O’Brien Irish Pub & Restaurant, 2013 HRTO 888

David Muir

HRTOHuman Rights Tribunal of OntarioMay 23, 2013

Human rights application dismissed as abandoned after parties failed to file settlement confirmation.

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

The Tribunal was informed that the parties had settled the matter but had not filed a Form 25 confirming the settlement.

The Tribunal directed the parties to file the form or confirm the intention to proceed to a hearing, warning that failure to do so might result in the application being deemed abandoned.

Neither party responded.

The Tribunal deemed the application abandoned and dismissed it.

Jean-Guy Touchette v. Ottawa Catholic School Board, 2013 HRTO 895

David Hanick

Practising Law - Employed1 case2013–2013

David Muir

Tribunal resolves preliminary motions, denying requests to dismiss application, add parties, and order inquiry.

The applicant filed a human rights application alleging discrimination in housing and inappropriate comments by the respondent's representatives.

In this interim decision, the Tribunal addressed several preliminary requests.

The respondent's request to dismiss the application based on the tenant screening exemption in section 21.3 of the Code was dismissed as premature.

The applicant's requests for a Tribunal Ordered Inquiry to obtain a video tape and to add two former employees as respondents were denied.

The respondent's request to strike the applicant's late-filed Reply was also denied, as there was no prejudice.

The matter was directed to be scheduled for a one-day hearing.

Deveaux v. Transglobe Apartment Real Estate Investment Trust, 2013 HRTO 886

David Muir

Human rights application alleging racial discrimination by a school dismissed for no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination with respect to goods and services on the basis of race, colour, and receipt of social assistance.

She claimed her daughter was treated poorly and removed from the respondent's school due to her race.

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

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

Richards v. Brackendale Montessori, 2013 HRTO 879

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code, which was deferred pending the completion of a grievance proceeding.

The Tribunal later requested an update on the grievance, warning that failure to respond could result in dismissal for abandonment.

The respondent advised that the grievance had settled, but the applicant failed to respond to the Tribunal's inquiry.

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

Alonzi v. BFI Canada Inc., 2013 HRTO 871

David Muir