David Muir

HRTOHuman Rights Tribunal of OntarioApr 19, 2013

Human rights application dismissed as an abuse of process and out of time.

The applicant filed a human rights application alleging discrimination on the basis of disability, claiming he was forced to retire after the respondent failed to accommodate him by transferring his work location.

The respondent requested the application be dismissed as an abuse of process and for being out of time.

The Tribunal found that the application raised the same issues as a previous application that the applicant had abandoned to avoid complying with a production order.

The Tribunal dismissed the application as an abuse of process and found it was filed outside the one-year limitation period without a good faith explanation for the delay.

Matthews v. Toronto Police Services Board, 2013 HRTO 659

David Muir

HRTOHuman Rights Tribunal of OntarioApr 18, 2013

Human rights application dismissed at preliminary stage for failing to link allegations to protected grounds.

The applicant filed an application alleging discrimination based on ancestry, place of origin, and ethnic origin because the respondent allegedly ignored a request to provide his auto mechanic license number.

The Tribunal issued a Notice of Intent to Dismiss (NOID) and initially dismissed the application as abandoned due to an administrative error.

Upon reconsideration, the Tribunal set aside the previous dismissal but ultimately dismissed the application, finding it plain and obvious that the complaint had no connection to the protected Code grounds.

Alexandre Papouchine v. Stephen Smith, 2013 HRTO 646

Donna M. D’Andrea

In Private Practice8 cases2000–2017

David Muir

HRTOHuman Rights Tribunal of OntarioApr 16, 2013

Tribunal removes individual respondents and denies applicant's requests to add parties and produce documents.

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

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

The Tribunal denied the applicant's requests to add the Board of Directors and the CFO as individual respondents, finding no specific allegations of Code violations against them.

The Tribunal also denied the applicant's requests for early production of documents as premature or outside its jurisdiction.

Finally, the Tribunal granted the corporate respondent's request to remove the named individual respondents from the application, as the corporate respondent would be vicariously liable for their actions and there was no compelling reason to keep them as parties.

Savin v. Granite Club Ltd., 2013 HRTO 628

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss because the allegations did not appear to raise any Code grounds.

The applicant failed to respond to the Notice and did not communicate with the Tribunal for three years.

The application was dismissed as abandoned.

Runnalls v. Golden Estate Limited, 2013 HRTO 619

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss the Application on the basis that it appeared to be outside the Tribunal's jurisdiction.

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

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

Jagdeep Kailey v. Georgian Manor Resorts, 2013 HRTO 616

Kristin A. Ley

36 cases2010–2026

David Muir

Pre-mediation document production request granted on consent, subject to strict confidentiality rules.

The applicant filed a Request for Order During Proceeding seeking the production of documents related to the respondents' internal investigation into her allegations of sexual harassment.

Although the request was made prior to mediation, the respondents consented to producing the documents on the condition that they only be used for the purpose of the proceeding.

The Tribunal directed the respondents to produce the documents and reminded the parties of Rule 3.3 of the Tribunal's Rules of Procedure, which prohibits the use of produced documents for any other purpose.

Ellerbeck v. Skyline Management Incorporated, 2013 HRTO 614

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be outside its jurisdiction.

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

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

Kevin Ashby v. Pioneer Youth Services, 2013 HRTO 610

David Muir

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

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

The Tribunal directed a summary hearing to determine if the application should be dismissed for having no reasonable prospect of success and whether the applicant should be declared a vexatious litigant.

After the applicant requested an adjournment, the Tribunal repeatedly sought mutually agreeable dates for rescheduling.

The applicant failed to respond to multiple communications from the Tribunal, including a final warning that the application could be dismissed as abandoned.

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

Nourhaghighi v. University of Toronto, 2013 HRTO 607

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be outside its jurisdiction.

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

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

Flynn v. Winners Merchants International L.P., 2013 HRTO 584

David Muir

Practising Law - Employed9 cases2001–2015

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

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

The Tribunal issued a Notice of Intent to Dismiss (NOID) on the basis that the application appeared to be outside its jurisdiction.

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

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

Rawasia v. Academic Clinicians Management Services, 2013 HRTO 582

Human rights application dismissed for lack of jurisdiction as the employer is a federally regulated undertaking.

The applicant filed a human rights application alleging discrimination in the denial of short-term disability benefits.

The respondent employer, Expertech, is a federally regulated telecommunications company.

The Tribunal found that Expertech is a federal undertaking and the subject matter of the application relates to its employee relations, placing it outside provincial jurisdiction.

The Tribunal also found that the third-party benefits manager, OSI, was providing advice related to federal employment and was therefore also outside the Tribunal's jurisdiction.

The application was dismissed for lack of jurisdiction.

Law v. Organizational Solutions Inc., 2013 HRTO 565

Melanie Herbin

David Muir

HRTOHuman Rights Tribunal of OntarioApr 8, 2013

Adjudicator denies recusal and adjournment requests, scheduling hearing on whether application constitutes abuse of process.

The applicant failed to comply with multiple Case Assessment Directions requiring him to disclose documents and witness summaries.

He subsequently requested that the adjudicator recuse himself for alleged bias, and sought an adjournment of the upcoming hearing on the grounds of lack of notice and a desire to retain counsel.

The adjudicator dismissed the recusal request, finding no reasonable apprehension of bias, and denied the adjournment, noting the applicant had timely notice and failed to act diligently to secure representation.

Due to the applicant's ongoing non-compliance, unsubstantiated allegations, and inappropriate communications, the adjudicator converted the scheduled hearing into a teleconference to address whether the application should be dismissed as an abuse of process.

Cameron v. Ontario (Training, Colleges and Universities), 2013 HRTO 566

David Muir

HRTOHuman Rights Tribunal of OntarioMar 22, 2013

Adjournment request denied; counsel unavailability and consent of parties do not constitute exceptional circumstances.

The respondents requested an adjournment of the scheduled hearing dates on the basis that their counsel was unavailable on one of the dates, and the parties believed the hearing would not conclude in the allotted time.

The applicant consented to the request.

The Tribunal denied the adjournment request, finding that the reasons offered did not constitute exceptional circumstances as required by the Tribunal's Practice Direction for requests made outside the 14-day rescheduling period.

Taylor-Cole v. Orangeville Police Association, 2013 HRTO 489

Sheryl L. Johnson

In Private Practice5 cases2000–2016

David Muir

HRTOHuman Rights Tribunal of OntarioMar 21, 2013

Applicant's requests for an expedited hearing, early document production, and witness protection denied as premature.

The applicant filed an application alleging discrimination in employment on the basis of disability, record of offences, and reprisal.

The applicant brought several requests for orders during the proceeding, including requests for an expedited hearing, a Tribunal-Ordered Inquiry, early production of documents, and an order to protect prospective witnesses.

The Tribunal denied all of the applicant's requests, finding that the request to expedite did not meet the required test, the requests for inquiry and document production were premature prior to mediation, and no valid reasons were provided for the witness protection order.

The matter was directed to proceed to mediation.

David Hurrell v. Kent Trusses and Brian Harmer, 2013 HRTO 480

David Muir

HRTOHuman Rights Tribunal of OntarioMar 19, 2013

Interim remedy to remove human rights application materials from College registration file denied as speculative.

The applicant, an aspiring massage therapist, filed an application alleging discrimination with respect to goods and services because of disability.

He requested an interim remedy to remove materials related to the application from his referral file pending before the respondent's Registration Committee, arguing it would prejudice his certification application.

The Tribunal denied the request, finding it entirely speculative and noting substantial questions about the Tribunal's jurisdiction to intervene in the College's registration process.

Colin Dolny v. College of Massage Therapists of Ontario, 2013 HRTO 468

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code alleging discrimination in employment due to reprisal.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be outside its jurisdiction, as the applicant made no connection between the incidents and the reprisal provision.

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

Consequently, the Tribunal dismissed the application as abandoned.

Katalin Neufeld v. Dundas Dental Care, 2013 HRTO 448

David Muir

Summary hearing adjourned due to medical emergency; applicant ordered to provide medical evidence supporting delay.

The applicant requested a last-minute, three-month adjournment of a summary hearing due to a claimed medical emergency.

The respondent did not oppose the adjournment but raised concerns about the lack of information supporting a three-month delay.

The Tribunal granted the adjournment of the scheduled hearing date but ordered the applicant to provide medical information within 14 days to support the request for a three-month delay, failing which the application could be dismissed as abandoned.

Henry Omozuwa v. Children’s Aid Society of Toronto, 2013 HRTO 446

David Muir

HRTOHuman Rights Tribunal of OntarioMar 13, 2013

Tribunal adds vocational college as a respondent to a human rights application alleging reprisal.

The applicant filed an application under the Human Rights Code alleging discrimination with respect to employment and vocational associations because of reprisal.

The applicant alleged she was terminated by her employer and suspended from her vocational college after attempting to report patient abuse.

The College, initially notified as an affected person, requested to be added as a responding party.

The Tribunal granted the request, amending the style of cause to add the College as a party respondent, as allegations and claims for remedies were directed against it.

Basdaye Kissoon v. Victorian Order of Nurses and the College of Nurses of Ontario, 2013 HRTO 424

David Muir

HRTOHuman Rights Tribunal of OntarioMar 11, 2013

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

The applicant filed a human rights application which was deferred pending the conclusion of Employment Standards Act proceedings.

The Tribunal subsequently requested an update on the status of those proceedings and warned that failure to respond could result in the application being dismissed as abandoned.

The applicant failed to respond to the Tribunal's letter and email.

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

Bui Kim Anh Nguyen v. The Football Factory and Pat Pennman, 2013 HRTO 412

David Muir

HRTOHuman Rights Tribunal of OntarioMar 5, 2013

Respondent ordered to file a Response within 14 days or face consequences for failing to participate.

The applicant filed a human rights application against the respondent.

After a grievance proceeding was withdrawn, the Tribunal reactivated the application and ordered the respondent to file a Response.

The respondent failed to do so.

The Tribunal issued an interim decision warning the respondent of the consequences of failing to participate under Rule 5.5 of the Rules of Procedure.

The Tribunal ordered the respondent to file a Response within 14 days, along with an explanation for the delay, failing which the Tribunal may proceed without further notice.

Killby v. Kappeler Masonry Corporation, 2013 HRTO 374

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Eli GedalofCounsel
1 appearance

for The Automobile Insurance Company of Hartford, Connecticut

Julian R.G. ThomasCounsel
1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Nicole SinghCounsel
1 appearance
Karen SargeantCounsel
1 appearance

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

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

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

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

Andrew T. GrahamCounsel
2 appearances
William M. SproullCounsel
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
Cathy PikeCounsel
2 appearances
Louis SokolovCounsel
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

Elliot SpearsCounsel
1 appearance
Ross GowerCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
Melanie HerbinCounsel
4 appearances
David PatacairkCounsel
4 appearances
Roy FilionCounsel
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
Pauline KwanCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Sari SpringerCounsel
2 appearances
James HeeneyCounsel
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

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

for the Respondent(s)

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

for the Respondents

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

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

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
Santo BarbieriSelf-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

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

Kathryn J. BirdCounsel
1 appearance
Neal SommerCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

Heather Crisp

29 cases2000–2015

David Muir

HRTOHuman Rights Tribunal of OntarioApr 19, 2013

Human rights application dismissed as an abuse of process and out of time.

The respondent requested the application be dismissed as an abuse of process and for being out of time.

The Tribunal found that the application raised the same issues as a previous application that the applicant had abandoned to avoid complying with a production order.

The Tribunal dismissed the application as an abuse of process and found it was filed outside the one-year limitation period without a good faith explanation for the delay.

Matthews v. Toronto Police Services Board, 2013 HRTO 659

David Muir

HRTOHuman Rights Tribunal of OntarioApr 18, 2013

Human rights application dismissed at preliminary stage for failing to link allegations to protected grounds.

The Tribunal issued a Notice of Intent to Dismiss (NOID) and initially dismissed the application as abandoned due to an administrative error.

Alexandre Papouchine v. Stephen Smith, 2013 HRTO 646

Donna M. D’Andrea

In Private Practice8 cases2000–2017

David Muir

HRTOHuman Rights Tribunal of OntarioApr 16, 2013

Tribunal removes individual respondents and denies applicant's requests to add parties and produce documents.

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

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

The Tribunal denied the applicant's requests to add the Board of Directors and the CFO as individual respondents, finding no specific allegations of Code violations against them.

The Tribunal also denied the applicant's requests for early production of documents as premature or outside its jurisdiction.

Savin v. Granite Club Ltd., 2013 HRTO 628

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss because the allegations did not appear to raise any Code grounds.

The applicant failed to respond to the Notice and did not communicate with the Tribunal for three years.

The application was dismissed as abandoned.

Runnalls v. Golden Estate Limited, 2013 HRTO 619

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss the Application on the basis that it appeared to be outside the Tribunal's jurisdiction.

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

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

Jagdeep Kailey v. Georgian Manor Resorts, 2013 HRTO 616

Kristin A. Ley

36 cases2010–2026

David Muir

Pre-mediation document production request granted on consent, subject to strict confidentiality rules.

The applicant filed a Request for Order During Proceeding seeking the production of documents related to the respondents' internal investigation into her allegations of sexual harassment.

Although the request was made prior to mediation, the respondents consented to producing the documents on the condition that they only be used for the purpose of the proceeding.

Ellerbeck v. Skyline Management Incorporated, 2013 HRTO 614

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be outside its jurisdiction.

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

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

Kevin Ashby v. Pioneer Youth Services, 2013 HRTO 610

David Muir

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

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

After the applicant requested an adjournment, the Tribunal repeatedly sought mutually agreeable dates for rescheduling.

The applicant failed to respond to multiple communications from the Tribunal, including a final warning that the application could be dismissed as abandoned.

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

Nourhaghighi v. University of Toronto, 2013 HRTO 607

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be outside its jurisdiction.

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

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

Flynn v. Winners Merchants International L.P., 2013 HRTO 584

David Muir

In Private Practice10 cases2005–2013

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 (NOID) on the basis that the application appeared to be outside its jurisdiction.

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

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

Rawasia v. Academic Clinicians Management Services, 2013 HRTO 582

Susan Crawford

7 cases2012–2017

Michael Rubin

Carla Zabek

4 cases1995–2013

David Muir

Practising Law - Employed9 cases2001–2015

Human rights application dismissed for lack of jurisdiction as the employer is a federally regulated undertaking.

The applicant filed a human rights application alleging discrimination in the denial of short-term disability benefits.

The respondent employer, Expertech, is a federally regulated telecommunications company.

The Tribunal found that Expertech is a federal undertaking and the subject matter of the application relates to its employee relations, placing it outside provincial jurisdiction.

The Tribunal also found that the third-party benefits manager, OSI, was providing advice related to federal employment and was therefore also outside the Tribunal's jurisdiction.

The application was dismissed for lack of jurisdiction.

Law v. Organizational Solutions Inc., 2013 HRTO 565

Melanie Herbin

David Muir

HRTOHuman Rights Tribunal of OntarioApr 8, 2013

Adjudicator denies recusal and adjournment requests, scheduling hearing on whether application constitutes abuse of process.

The applicant failed to comply with multiple Case Assessment Directions requiring him to disclose documents and witness summaries.

He subsequently requested that the adjudicator recuse himself for alleged bias, and sought an adjournment of the upcoming hearing on the grounds of lack of notice and a desire to retain counsel.

Cameron v. Ontario (Training, Colleges and Universities), 2013 HRTO 566

David Muir

HRTOHuman Rights Tribunal of OntarioMar 22, 2013

Adjournment request denied; counsel unavailability and consent of parties do not constitute exceptional circumstances.

The applicant consented to the request.

Taylor-Cole v. Orangeville Police Association, 2013 HRTO 489

Sheryl L. Johnson

In Private Practice5 cases2000–2016

David Muir

HRTOHuman Rights Tribunal of OntarioMar 21, 2013

Applicant's requests for an expedited hearing, early document production, and witness protection denied as premature.

The applicant filed an application alleging discrimination in employment on the basis of disability, record of offences, and reprisal.

The matter was directed to proceed to mediation.

David Hurrell v. Kent Trusses and Brian Harmer, 2013 HRTO 480

David Muir

HRTOHuman Rights Tribunal of OntarioMar 19, 2013

Interim remedy to remove human rights application materials from College registration file denied as speculative.

The applicant, an aspiring massage therapist, filed an application alleging discrimination with respect to goods and services because of disability.

The Tribunal denied the request, finding it entirely speculative and noting substantial questions about the Tribunal's jurisdiction to intervene in the College's registration process.

Colin Dolny v. College of Massage Therapists of Ontario, 2013 HRTO 468

David Muir

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

The applicant filed an application under section 34 of the Human Rights Code alleging discrimination in employment due to reprisal.

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

Consequently, the Tribunal dismissed the application as abandoned.

Katalin Neufeld v. Dundas Dental Care, 2013 HRTO 448

David Muir

Summary hearing adjourned due to medical emergency; applicant ordered to provide medical evidence supporting delay.

The applicant requested a last-minute, three-month adjournment of a summary hearing due to a claimed medical emergency.

The respondent did not oppose the adjournment but raised concerns about the lack of information supporting a three-month delay.

Henry Omozuwa v. Children’s Aid Society of Toronto, 2013 HRTO 446

David Muir

HRTOHuman Rights Tribunal of OntarioMar 13, 2013

Tribunal adds vocational college as a respondent to a human rights application alleging reprisal.

The applicant filed an application under the Human Rights Code alleging discrimination with respect to employment and vocational associations because of reprisal.

The applicant alleged she was terminated by her employer and suspended from her vocational college after attempting to report patient abuse.

The College, initially notified as an affected person, requested to be added as a responding party.

The Tribunal granted the request, amending the style of cause to add the College as a party respondent, as allegations and claims for remedies were directed against it.

Basdaye Kissoon v. Victorian Order of Nurses and the College of Nurses of Ontario, 2013 HRTO 424

David Muir

HRTOHuman Rights Tribunal of OntarioMar 11, 2013

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

The applicant filed a human rights application which was deferred pending the conclusion of Employment Standards Act proceedings.

The Tribunal subsequently requested an update on the status of those proceedings and warned that failure to respond could result in the application being dismissed as abandoned.

The applicant failed to respond to the Tribunal's letter and email.

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

Bui Kim Anh Nguyen v. The Football Factory and Pat Pennman, 2013 HRTO 412

David Muir