David Muir

HRTOHuman Rights Tribunal of OntarioMar 5, 2013

Human rights application dismissed at preliminary stage as workplace bullying allegations lacked connection to Code grounds.

The applicant filed a human rights application alleging discrimination in employment on the basis of family status, record of offences, and reprisal.

The Tribunal issued a Notice of Intent to Dismiss because the allegations described workplace bullying and harassment related to the applicant's participation in an internal management investigation, rather than any Code-protected ground.

The Tribunal dismissed the application at the preliminary stage, finding it plain and obvious that the claims fell outside its jurisdiction as they lacked any connection to the Human Rights Code.

Darvill v. Vaughan (City), 2013 HRTO 372

David Muir

Tribunal declined to dismiss human rights application at preliminary stage as jurisdiction was not plainly ousted.

The applicant filed an application alleging employment discrimination based on ethnic origin, association, record of offences, and reprisal.

The Tribunal issued a Notice of Intent to Dismiss, questioning its jurisdiction because the narrative failed to identify specific acts of discrimination.

After reviewing the applicant's written submissions, the Tribunal found it was not plain and obvious that the entire application fell outside its jurisdiction, although it noted a lack of allegations supporting the record of offences ground.

The Tribunal directed that the application be delivered to the respondents.

Patricia Vogel v. Caressant Care and Jackie Fraser, 2013 HRTO 369

David Muir

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

The applicant filed an application alleging discrimination with respect to goods and services because of ethnic origin against the Toronto Police Services Board and the Independent Police Review Director.

The respondents filed responses raising preliminary issues and requesting dismissal.

The applicant failed to file a Reply and subsequently failed to respond to a Case Assessment Direction requiring him to do so.

As a result, the Tribunal dismissed the application as abandoned.

Mohamed Nemmour v. Toronto Police Services Board and Gerry McNeilly, 2013 HRTO 357

David Muir

HRTOHuman Rights Tribunal of OntarioMar 1, 2013

Respondent ordered to file full Response within 14 days or face consequences for non-participation.

The applicant filed a human rights application.

The respondent's preliminary request to dismiss the application was previously denied, and the respondent was ordered to file a full Response.

After being granted extensions, the respondent failed to file the Response by the directed deadline.

The Tribunal issued an interim decision ordering the respondent to file a full Response within 14 days, along with an explanation for the delay, warning that failure to do so could result in the Tribunal proceeding without further notice under Rule 5.5.

Yong Xian Li v. University Health Network, 2013 HRTO 359

David Muir

Human rights application dismissed for abandonment after applicant failed to attend mediation or respond.

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

After agreeing to mediation, the applicant failed to attend the scheduled session.

The Tribunal subsequently directed the applicant to confirm his intention to proceed, warning that failure to respond could result in the application being deemed abandoned.

The applicant did not respond to the Tribunal's correspondence.

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

Mullis v. Canadian Niagara Hotels Inc., 2013 HRTO 335

David Muir

Tribunal grants union 35-day extension to file response and denies applicant's Rule 5.5 request.

The applicant filed a human rights application alleging discrimination and reprisal.

The respondent employer filed a request for early dismissal, while the respondent union sought a 45-day extension to file its response due to a plant closure.

The applicant requested an order under Rule 5.5 against the union.

The Tribunal denied the applicant's Rule 5.5 request, granted the union a 35-day extension to file its response, and directed the applicant to file a reply addressing the employer's early dismissal request.

Gary Wicks v. Electro-Motive Diesel Inc. Progress Rail Services, a Caterpillar Company and the Canadian Auto Workers, Local 27, 2013 HRTO 320

David Muir

Request to vary interim order regarding school bus transportation dismissed for lack of evidence.

The respondents sought clarification, treated by the Tribunal as a request for variation, of an interim order requiring them to provide school bus transportation for the applicants' children at a specific stop.

The respondents proposed providing alternate bussing to minimize the impact on existing routes.

The Tribunal dismissed the request, noting that the issue of potential impact had already been adjudicated and the respondents provided no evidence of harm to other students or parents to justify varying the order.

T.B. v. Halton District School Board, 2013 HRTO 323

David Muir

Respondents' request to change hearing location denied; location maintained to accommodate applicant's disability.

The respondents requested that the hearing be scheduled in Midland so the site could be viewed.

The applicant, who uses a mobility scooter, had previously requested and been granted a hearing in Waterloo as an accommodation for her disability.

The Tribunal dismissed the respondents' request, finding that they had articulated insufficient reason to move the hearing from the location chosen to accommodate the applicant's Code-related needs.

Diane Kathleen Preikschas-Brown v. Scully’s Crab Shack and Shawn Wheeler, 2013 HRTO 318

Age-based automobile insurance premium increases for drivers over 80 found reasonable and bona fide.

The applicant, a 92-year-old driver, alleged discrimination on the basis of age after being charged a higher automobile insurance premium than his younger daughter solely because he was over 80 years of age.

The respondent insurer argued that its rate classification scheme, which removed an older driver discount for those over 80, was a reasonable and bona fide practice protected by section 22 of the Human Rights Code.

The Tribunal accepted the uncontradicted expert evidence that drivers over 80 pose an elevated road safety risk and have higher loss costs per kilometre driven.

The Tribunal found that there was no practical alternative to the use of age as a risk classification factor for this group, and dismissed the application.

Denis Olorenshaw v. Western Assurance Company, 2013 HRTO 280

David Muir

Respondents given 14 days to file a Response before Tribunal proceeds without them.

The applicant filed a human rights application against the respondents.

The respondents failed to file a Response by the deadline set in the Notice of Application.

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 and deem them to have accepted the allegations.

Kimberly Mann v. Townshoes/The Shoe Company and Terry Tracey, 2013 HRTO 232

David Muir

Respondent granted 14-day extension to file Response to human rights application after missing initial deadline.

The applicant filed a human rights application against the respondent.

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

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

Truong v. Modular and Custom Cabinets, 2013 HRTO 228

David Muir

In Private Practice9 cases1988–2013

Attorney General granted intervenor status on constitutional question of jurisdiction over human rights application.

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

A preliminary hearing was directed to determine whether the application falls within provincial or federal jurisdiction.

The Attorney General of Ontario filed a Request to Intervene under subsection 109(4) of the Courts of Justice Act, arguing that the constitutional applicability of the Human Rights Code is a constitutional question.

The Tribunal granted the request to intervene and reminded the parties of their disclosure obligations ahead of the preliminary hearing.

Morrell v. 2156775 Ontario Inc. o/a D’Angelo Brands, 2013 HRTO 226

Stephen A. Bernofsky

13 cases2001–2016

Henry Dinsdale

David Muir

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

The applicant filed a human rights application alleging discrimination in employment on the basis of disability and sex, approximately one year after her dismissal.

The respondents requested the application be dismissed for delay.

The Tribunal found the application was filed outside the one-year limitation period under section 34(1) of the Human Rights Code.

The applicant failed to provide submissions or establish a good faith explanation for the delay under section 34(2).

The application was dismissed.

Baker v. Bryan College of Applied Health and Business Sciences, 2013 HRTO 219

David Muir

Human rights application dismissed for abandonment after applicant failed to respond to Tribunal directions.

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

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

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

The Tribunal found that the applicant's failure to participate indicated the application had been abandoned and dismissed it.

Jay Deming v. PCL Constructors Inc., 2013 HRTO 218

David Muir

Tribunal grants non-responding party a final 14-day extension to file a response to the application.

The applicant filed a human rights application against two respondents.

One respondent, Intercon Security Services, failed to file a response by the revised deadline.

The Tribunal issued an interim decision warning the non-responding party of the consequences of failing to participate under Rule 5.5 of the Tribunal's Rules of Procedure.

The Tribunal granted the non-responding party a final 14-day extension to file a response along with an explanation for the delay.

Watson v. Winners Merchants International L.P., 2013 HRTO 214

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) 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.

Shannon Bentley v. York Regional Police, 2013 HRTO 202

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 4, 2013

Respondent granted 14 days to file a late Response to human rights application.

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

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

The Tribunal issued an interim decision directing 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 to the respondent.

Jeremy Schertzer v. Aztex Enterprises, 2013 HRTO 191

David Muir

Request to lift abeyance denied pending Tribunal decision on related Police Services Act preliminary issues.

The applicant requested that a hearing date be scheduled for preliminary issues in her human rights applications, despite a previous Tribunal direction holding the matters in abeyance pending a decision in related cases concerning the application of section 45.1 of the Human Rights Code to Police Services Act proceedings.

The Tribunal denied the request, finding that the applicant provided insufficient reasons to depart from the Tribunal's approach of awaiting the outcome of the related cases, which involved the same preliminary issues and significant stakeholder participation.

Vaney v. Toronto Police Services Board, 2013 HRTO 154

Linda Vanucci

3 cases2012–2013

David Muir

Reconsideration denied; applicant cannot use reconsideration to repair deficiencies or expand scope of original application.

The applicant requested a reconsideration of a decision dismissing his human rights application.

He argued the adjudicator erred by not inviting submissions when he attempted to expand the scope of his application during closing arguments to include adverse effect discrimination regarding housing requirements for migrant workers.

The Tribunal denied the request, finding that the applicant was attempting to use reconsideration as an appeal and that expanding the scope of the hearing at the closing submissions stage would have been manifestly unfair to the respondents.

Julius Casimir v. Twin Peaks Hydroponics and Nick Mastronardi, 2013 HRTO 141

Lata Menon

10 cases2013–2024

David Muir

HRTOHuman Rights Tribunal of OntarioJan 28, 2013

Adjournment request denied; late retention of unavailable counsel does not constitute exceptional circumstances.

The applicant in a human rights proceeding alleging employment discrimination requested an adjournment of the scheduled hearing because her recently retained counsel was unavailable.

The Tribunal denied the request, finding that the late retention of counsel did not constitute exceptional circumstances under the Tribunal's Practice Direction.

The Tribunal also provided directions regarding the scope of proposed witness evidence, noting potential hearsay and relevance issues to be addressed at the hearing.

Peggy Harrypersad v. Peel District School Board, 2013 HRTO 142

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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
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
Fred HoUnion representative
1 appearance
Jerry RasoCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Quadira JacksonCounsel
1 appearance
Rick LaporteUnion representative
1 appearance
Paul O’RyanCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Elizabeth NurseCounsel
1 appearance
Insiya EssajeeCounsel
1 appearance

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

Elliot SpearsCounsel
1 appearance
Ross GowerCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

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

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

Donald G. CormackCounsel
1 appearance
Darrell MarchCounsel
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

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
Albert BayletSelf-represented
1 appearance
Dhirendra SharmaSelf-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

Neal SommerCounsel
1 appearance
Kathryn J. BirdCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

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 OntarioMar 5, 2013

Human rights application dismissed at preliminary stage as workplace bullying allegations lacked connection to Code grounds.

The applicant filed a human rights application alleging discrimination in employment on the basis of family status, record of offences, and reprisal.

The Tribunal dismissed the application at the preliminary stage, finding it plain and obvious that the claims fell outside its jurisdiction as they lacked any connection to the Human Rights Code.

Darvill v. Vaughan (City), 2013 HRTO 372

David Muir

Tribunal declined to dismiss human rights application at preliminary stage as jurisdiction was not plainly ousted.

The applicant filed an application alleging employment discrimination based on ethnic origin, association, record of offences, and reprisal.

The Tribunal issued a Notice of Intent to Dismiss, questioning its jurisdiction because the narrative failed to identify specific acts of discrimination.

The Tribunal directed that the application be delivered to the respondents.

Patricia Vogel v. Caressant Care and Jackie Fraser, 2013 HRTO 369

David Muir

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

The respondents filed responses raising preliminary issues and requesting dismissal.

The applicant failed to file a Reply and subsequently failed to respond to a Case Assessment Direction requiring him to do so.

As a result, the Tribunal dismissed the application as abandoned.

Mohamed Nemmour v. Toronto Police Services Board and Gerry McNeilly, 2013 HRTO 357

David Muir

HRTOHuman Rights Tribunal of OntarioMar 1, 2013

Respondent ordered to file full Response within 14 days or face consequences for non-participation.

The applicant filed a human rights application.

The respondent's preliminary request to dismiss the application was previously denied, and the respondent was ordered to file a full Response.

After being granted extensions, the respondent failed to file the Response by the directed deadline.

Yong Xian Li v. University Health Network, 2013 HRTO 359

David Muir

Human rights application dismissed for abandonment after applicant failed to attend mediation or respond.

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

After agreeing to mediation, the applicant failed to attend the scheduled session.

The Tribunal subsequently directed the applicant to confirm his intention to proceed, warning that failure to respond could result in the application being deemed abandoned.

The applicant did not respond to the Tribunal's correspondence.

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

Mullis v. Canadian Niagara Hotels Inc., 2013 HRTO 335

David Muir

Tribunal grants union 35-day extension to file response and denies applicant's Rule 5.5 request.

The applicant filed a human rights application alleging discrimination and reprisal.

The respondent employer filed a request for early dismissal, while the respondent union sought a 45-day extension to file its response due to a plant closure.

The applicant requested an order under Rule 5.5 against the union.

Gary Wicks v. Electro-Motive Diesel Inc. Progress Rail Services, a Caterpillar Company and the Canadian Auto Workers, Local 27, 2013 HRTO 320

David Muir

Request to vary interim order regarding school bus transportation dismissed for lack of evidence.

The respondents proposed providing alternate bussing to minimize the impact on existing routes.

T.B. v. Halton District School Board, 2013 HRTO 323

David Muir

Respondents' request to change hearing location denied; location maintained to accommodate applicant's disability.

The respondents requested that the hearing be scheduled in Midland so the site could be viewed.

The applicant, who uses a mobility scooter, had previously requested and been granted a hearing in Waterloo as an accommodation for her disability.

The Tribunal dismissed the respondents' request, finding that they had articulated insufficient reason to move the hearing from the location chosen to accommodate the applicant's Code-related needs.

Diane Kathleen Preikschas-Brown v. Scully’s Crab Shack and Shawn Wheeler, 2013 HRTO 318

Jeff Galway

12 cases2009–2026

Catherine Powell

6 cases2008–2013

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 19, 2013

Age-based automobile insurance premium increases for drivers over 80 found reasonable and bona fide.

The Tribunal accepted the uncontradicted expert evidence that drivers over 80 pose an elevated road safety risk and have higher loss costs per kilometre driven.

The Tribunal found that there was no practical alternative to the use of age as a risk classification factor for this group, and dismissed the application.

Denis Olorenshaw v. Western Assurance Company, 2013 HRTO 280

David Muir

Respondents given 14 days to file a Response before Tribunal proceeds without them.

The applicant filed a human rights application against the respondents.

The respondents failed to file a Response by the deadline set in the Notice of Application.

Kimberly Mann v. Townshoes/The Shoe Company and Terry Tracey, 2013 HRTO 232

David Muir

Respondent granted 14-day extension to file Response to human rights application after missing initial deadline.

The applicant filed a human rights application against the respondent.

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

Truong v. Modular and Custom Cabinets, 2013 HRTO 228

David Muir

In Private Practice9 cases1988–2013

Attorney General granted intervenor status on constitutional question of jurisdiction over human rights application.

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

A preliminary hearing was directed to determine whether the application falls within provincial or federal jurisdiction.

The Tribunal granted the request to intervene and reminded the parties of their disclosure obligations ahead of the preliminary hearing.

Morrell v. 2156775 Ontario Inc. o/a D’Angelo Brands, 2013 HRTO 226

Stephen A. Bernofsky

13 cases2001–2016

Henry Dinsdale

David Muir

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

The applicant filed a human rights application alleging discrimination in employment on the basis of disability and sex, approximately one year after her dismissal.

The respondents requested the application be dismissed for delay.

The Tribunal found the application was filed outside the one-year limitation period under section 34(1) of the Human Rights Code.

The applicant failed to provide submissions or establish a good faith explanation for the delay under section 34(2).

The application was dismissed.

Baker v. Bryan College of Applied Health and Business Sciences, 2013 HRTO 219

David Muir

Human rights application dismissed for abandonment after applicant failed to respond to Tribunal directions.

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

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

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

The Tribunal found that the applicant's failure to participate indicated the application had been abandoned and dismissed it.

Jay Deming v. PCL Constructors Inc., 2013 HRTO 218

David Muir

Tribunal grants non-responding party a final 14-day extension to file a response to the application.

The applicant filed a human rights application against two respondents.

One respondent, Intercon Security Services, failed to file a response by the revised deadline.

The Tribunal issued an interim decision warning the non-responding party of the consequences of failing to participate under Rule 5.5 of the Tribunal's Rules of Procedure.

The Tribunal granted the non-responding party a final 14-day extension to file a response along with an explanation for the delay.

Watson v. Winners Merchants International L.P., 2013 HRTO 214

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) 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.

Shannon Bentley v. York Regional Police, 2013 HRTO 202

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 4, 2013

Respondent granted 14 days to file a late Response to human rights application.

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

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

Jeremy Schertzer v. Aztex Enterprises, 2013 HRTO 191

David Muir

Request to lift abeyance denied pending Tribunal decision on related Police Services Act preliminary issues.

Vaney v. Toronto Police Services Board, 2013 HRTO 154

Linda Vanucci

3 cases2012–2013

David Muir

Reconsideration denied; applicant cannot use reconsideration to repair deficiencies or expand scope of original application.

The applicant requested a reconsideration of a decision dismissing his human rights application.

Julius Casimir v. Twin Peaks Hydroponics and Nick Mastronardi, 2013 HRTO 141

Lata Menon

10 cases2013–2024

David Muir