David Muir

Human rights application dismissed as untimely because it was filed more than one year after dismissal.

The applicant filed a human rights application alleging discrimination in employment based on perceived disability, culminating in his dismissal.

The respondent requested a summary hearing to dismiss the application as untimely.

The Tribunal found that the application was filed more than one year after the applicant's dismissal.

The Tribunal rejected the applicant's argument that subsequent grievance meetings constituted new incidents of discrimination, noting that the grievance process does not engage the Code and the request to amend the application was itself untimely.

The application was dismissed.

Jeremiah McCann v. Toronto Paramedic Services, 2017 HRTO 903

David Muir

Human rights application dismissed as abandoned after applicant failed to attend summary hearing.

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

A summary hearing was scheduled to determine if the application had no reasonable prospect of success.

The applicant failed to attend the hearing and did not communicate with the Tribunal.

Consequently, the application was dismissed as abandoned.

Jamie McGhie v. Corrine’s Top to Bottom Cleaning Services Ltd., 2017 HRTO 900

David Muir

HRTOHuman Rights Tribunal of OntarioJul 18, 2017

Respondents deemed to have accepted human rights allegations after failing to file a Response.

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

The respondents failed to file a Response despite multiple notices and directions from the Tribunal.

The Tribunal declared the respondents in default, deemed them to have accepted all allegations in the Application, and waived their rights to further notice or participation.

A case management conference call was scheduled to determine the next steps for the applicant to prove her case and seek remedies.

Brenda Geller v. Signarama Canada Inc. and National Franchise Group Inc., 2016 CanLII 105551

Pamela Yudcovitch

13 cases1988–2016

David Muir

HRTOHuman Rights Tribunal of OntarioDec 23, 2016

Human rights application dismissed; no employment or accommodation relationship with children's aid society.

The applicant alleged discrimination in employment and accommodation based on perceived disability and record of offences, as well as reprisal, after the respondent children's aid society conducted a criminal background check and temporarily threatened to remove a foster child from the applicant's shared residence.

The Tribunal dismissed the application following a summary hearing, finding no reasonable prospect of success.

The Tribunal held there was no employment relationship, no Code-protected relationship regarding accommodation, and no evidence that the respondent's actions were a reprisal for the applicant asserting Code rights.

Mark de Pelham v. Peel Children’s Aid Society, 2016 HRTO 1673

David Muir

HRTOHuman Rights Tribunal of OntarioDec 21, 2016

Early dismissal denied; WSIA proceeding did not appropriately deal with the substance of the human rights application.

The respondents requested the early dismissal of a human rights application under section 45.1 of the Human Rights Code, arguing the substance of the application was dealt with in a Workplace Safety and Insurance Act (WSIA) proceeding.

The Tribunal denied the request, finding that the WSIA proceeding, which focused on whether the applicant's complaints were work-related, did not address the core human rights issues of failure to accommodate and constructive dismissal.

The request for early dismissal was denied.

Karla Garibay Loera v. Biolyse Pharma, 2016 HRTO 1655

David Muir

HRTOHuman Rights Tribunal of OntarioDec 20, 2016

Reconsideration request dismissed as applicant failed to provide new evidence of alleged bias or conspiracy.

The applicant requested a reconsideration of a Tribunal decision that dismissed her human rights application as abandoned after she left the hearing.

She alleged a conspiracy between the Vice-chair and the respondent, and argued the Vice-chair was biased and wrongly removed her representative.

The Tribunal found no new facts or evidence to justify reconsideration, noting that the issues had already been fully canvassed and decided.

The request for reconsideration was dismissed.

Carla Borba v. Toronto Transit Commission, 2016 HRTO 1638

David Muir

Reconsideration request dismissed due to unexplained 11-month delay and lack of new determinative facts.

The applicant requested a reconsideration of a decision dismissing her application as abandoned.

The request was filed 11 months after the 30-day deadline.

The Tribunal dismissed the request, finding no reasonable explanation for the delay and noting that the new incidents alleged by the applicant bore no relation to the original dismissal.

Maria Rots v. Toronto Shelter Support and Housing Administration, 2016 HRTO 1624

David Muir

Reconsideration request dismissed due to unexplained five-month delay and lack of determinative new facts.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed her human rights application.

The request was filed five months after the decision, well beyond the 30-day deadline.

The Tribunal found no reasonable explanation for the delay, noting the request appeared to be based on new, unrelated incidents.

The Tribunal dismissed the request for reconsideration as it was out of time and failed to meet the requirements of Rule 26.5.

Maria Rots v. City of Toronto, 2016 HRTO 1623

David Muir

Tribunal orders sealing of record and closed hearings to protect identity of child in protection proceedings.

The respondent requested an early dismissal of the human rights application and an order to seal the record, close hearings to the public, and anonymize the title of proceedings to protect the identity of a child involved in child protection proceedings.

The Tribunal granted the request for a sealing order, closed hearings, and anonymization pursuant to the Child and Family Services Act and the Statutory Powers Procedure Act.

The Tribunal also directed that a summary/preliminary hearing be scheduled to determine whether the application should be dismissed for having no reasonable prospect of success or because the substance was appropriately dealt with in another proceeding.

J.R. v. Family and Children’s Services of Lanark Leeds and Grenville, 2016 HRTO 1605

David Muir

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

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

The applicant failed to attend a scheduled mediation session and did not respond to subsequent correspondence from the Tribunal directing her to advise of her intentions.

The Tribunal deemed the application abandoned and dismissed it.

Amanda Smith v. 1277280 Ontario Inc. o/a Kelsey’s Restaurant, 2016 HRTO 1600

Respondents' request for early access to applicant's medical records before filing a response denied.

The applicant alleged employment discrimination based on race and related grounds, specifically citing discriminatory name-calling by a supervisor.

Instead of filing a Response, the respondents filed a Request for Order During Proceeding seeking extensive access to the applicant's medical records from the employer's occupational health file.

The Tribunal dismissed the request as entirely without merit, finding that the medical records were largely irrelevant to the primary issue of name-calling and that the lack of such records did not prevent the respondents from meaningfully responding to the Application.

The respondents were ordered to file their Response within 14 days.

Gordon v. Toronto Transit Commission, 2016 HRTO 1599

David Muir

Tribunal waived time requirements and granted request to reactivate deferred human rights application.

The applicant filed a request to reactivate his human rights application, which had been deferred pending a grievance arbitration.

The respondent opposed the request because it was filed approximately a month after the 60-day period contemplated by Rule 14 of the Tribunal's Rules of Procedure.

The Tribunal exercised its discretion to waive the time requirements, granted the request to reactivate the application, and directed the respondent to file its Response and Request for Summary Hearing.

Abul Chowdhury v. Hilton Toronto, 2016 HRTO 1593

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss because the matter appeared to fall under federal jurisdiction.

The applicant failed to respond to the Notice.

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

Lamont Hunter v. OC Transpo, 2016 HRTO 1592

David Muir

Practising Law - Employed43 cases2010–2026

Application dismissed; a record of professional complaints does not constitute a 'record of offences' under the Code.

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

He claimed the respondent regulatory organization forwarded a record of complaints about his conduct to prospective employers, preventing him from gaining employment.

The Tribunal issued a Notice of Intent to Dismiss because the applicant had never been convicted of an offence, and a record of complaints does not meet the statutory definition of 'record of offences' under section 10 of the Human Rights Code.

The Tribunal dismissed the application, finding it plain and obvious that it lacked jurisdiction to deal with allegations of unfairness not grounded in a protected Code ground.

Connor v. Investment Industry Regulatory Organization, 2016 HRTO 1579

Nicole McAuley

2 cases2016–2021

Nadina S. Zacks

1 case2016–2016

Mindy Noble

Fatema Dada

Practising Law - Employed18 cases2012–2017

David Muir

Request to add respondents and amend human rights application granted at early stage of proceeding.

The applicant filed a Request for Order During Proceeding to add two respondents, amend the application to include the social area of goods and services, and add related allegations.

The Tribunal granted the requests, noting that the application was at an early stage, mediation had not taken place, and the proposed new respondents did not object to being added.

Baker v. Sault College, 2016 HRTO 1578

Andrew McCreary

8 cases2005–2023

David Muir

Human rights application alleging discriminatory trespass notice dismissed for no reasonable prospect of success.

The applicant alleged discrimination with respect to goods, services, and facilities on the basis of disability, claiming the respondents issued a trespass notice against her at a courthouse specifically to exacerbate her PTSD.

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

The Tribunal found that the applicant failed to point to any evidence that would establish a link between the issuance of the trespass notice and her disability.

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

Adams v. SNC-Lavalin O&M Inc., 2016 HRTO 1576

David Muir

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

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

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to a Tribunal direction inquiring about their intentions with respect to the application.

The Tribunal deemed the application abandoned and dismissed it.

G.S. v. Ontario (Child and Youth Services), 2016 HRTO 1570

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 application appeared to be outside its jurisdiction.

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

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

Pleta v. CIBC, 2016 HRTO 1568

David Muir

Human rights application dismissed as abandoned after applicant failed to maintain contact with the Tribunal.

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

Correspondence and notices of mediation sent to the applicant were returned marked 'moved address unknown'.

The applicant failed to respond to Tribunal directions requesting updated contact information and mutually agreeable dates for mediation.

Consequently, the Tribunal dismissed the application as abandoned pursuant to Rule 5.4 of the Tribunal's Rules of Procedure.

Collins v. Ontario (Community Safety and Correctional Services), 2016 HRTO 1567

David Muir

HRTOHuman Rights Tribunal of OntarioDec 2, 2016

Reconsideration request denied as issues were already adjudicated by the Landlord and Tenant Board.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application under section 45.1 of the Human Rights Code on the basis that the substance of the application had been appropriately dealt with in a prior proceeding before the Landlord and Tenant Board.

The applicant argued there was new evidence and that the issues were not dealt with in the other proceeding.

The Tribunal found that the applicant failed to meet the threshold criteria for reconsideration, noting that even if the new evidence were accepted, the application would still be dismissed because the issues had already been adjudicated by the Landlord and Tenant Board.

The request for reconsideration was denied.

Dobson v. Boardwalk Rentals, 2016 HRTO 1553

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1 appearance

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

Lori PatykCounsel
1 appearance
Jessica FioreCounsel
1 appearance

for the Crown in Right of Ontario as represented by the Ministry of the Attorney General

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

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

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

Ross GowerCounsel
1 appearance
Elliot SpearsCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

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

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

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

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

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

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Graham H. SmithAgent
1 appearance
Carla AdamsAgent
1 appearance

Respondent

Kathryn J. BirdCounsel
1 appearance
Neal SommerCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

Human rights application dismissed as untimely because it was filed more than one year after dismissal.

The applicant filed a human rights application alleging discrimination in employment based on perceived disability, culminating in his dismissal.

The respondent requested a summary hearing to dismiss the application as untimely.

The Tribunal found that the application was filed more than one year after the applicant's dismissal.

The application was dismissed.

Jeremiah McCann v. Toronto Paramedic Services, 2017 HRTO 903

David Muir

Human rights application dismissed as abandoned after applicant failed to attend summary hearing.

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

A summary hearing was scheduled to determine if the application had no reasonable prospect of success.

The applicant failed to attend the hearing and did not communicate with the Tribunal.

Consequently, the application was dismissed as abandoned.

Jamie McGhie v. Corrine’s Top to Bottom Cleaning Services Ltd., 2017 HRTO 900

David Muir

HRTOHuman Rights Tribunal of OntarioJul 18, 2017

Respondents deemed to have accepted human rights allegations after failing to file a Response.

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

The respondents failed to file a Response despite multiple notices and directions from the Tribunal.

The Tribunal declared the respondents in default, deemed them to have accepted all allegations in the Application, and waived their rights to further notice or participation.

A case management conference call was scheduled to determine the next steps for the applicant to prove her case and seek remedies.

Brenda Geller v. Signarama Canada Inc. and National Franchise Group Inc., 2016 CanLII 105551

Pamela Yudcovitch

13 cases1988–2016

David Muir

HRTOHuman Rights Tribunal of OntarioDec 23, 2016

Human rights application dismissed; no employment or accommodation relationship with children's aid society.

The Tribunal dismissed the application following a summary hearing, finding no reasonable prospect of success.

Mark de Pelham v. Peel Children’s Aid Society, 2016 HRTO 1673

David Muir

HRTOHuman Rights Tribunal of OntarioDec 21, 2016

Early dismissal denied; WSIA proceeding did not appropriately deal with the substance of the human rights application.

The request for early dismissal was denied.

Karla Garibay Loera v. Biolyse Pharma, 2016 HRTO 1655

David Muir

HRTOHuman Rights Tribunal of OntarioDec 20, 2016

Reconsideration request dismissed as applicant failed to provide new evidence of alleged bias or conspiracy.

The applicant requested a reconsideration of a Tribunal decision that dismissed her human rights application as abandoned after she left the hearing.

She alleged a conspiracy between the Vice-chair and the respondent, and argued the Vice-chair was biased and wrongly removed her representative.

The Tribunal found no new facts or evidence to justify reconsideration, noting that the issues had already been fully canvassed and decided.

The request for reconsideration was dismissed.

Carla Borba v. Toronto Transit Commission, 2016 HRTO 1638

David Muir

Reconsideration request dismissed due to unexplained 11-month delay and lack of new determinative facts.

The applicant requested a reconsideration of a decision dismissing her application as abandoned.

The request was filed 11 months after the 30-day deadline.

The Tribunal dismissed the request, finding no reasonable explanation for the delay and noting that the new incidents alleged by the applicant bore no relation to the original dismissal.

Maria Rots v. Toronto Shelter Support and Housing Administration, 2016 HRTO 1624

David Muir

Reconsideration request dismissed due to unexplained five-month delay and lack of determinative new facts.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed her human rights application.

The request was filed five months after the decision, well beyond the 30-day deadline.

The Tribunal found no reasonable explanation for the delay, noting the request appeared to be based on new, unrelated incidents.

The Tribunal dismissed the request for reconsideration as it was out of time and failed to meet the requirements of Rule 26.5.

Maria Rots v. City of Toronto, 2016 HRTO 1623

David Muir

Tribunal orders sealing of record and closed hearings to protect identity of child in protection proceedings.

The Tribunal granted the request for a sealing order, closed hearings, and anonymization pursuant to the Child and Family Services Act and the Statutory Powers Procedure Act.

J.R. v. Family and Children’s Services of Lanark Leeds and Grenville, 2016 HRTO 1605

David Muir

Practising Law - Employed20 cases2005–2017

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

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

The applicant failed to attend a scheduled mediation session and did not respond to subsequent correspondence from the Tribunal directing her to advise of her intentions.

The Tribunal deemed the application abandoned and dismissed it.

Amanda Smith v. 1277280 Ontario Inc. o/a Kelsey’s Restaurant, 2016 HRTO 1600

Patricia Matusiak

Krina Mahaisuria

In Private Practice2 cases2016–2019

David Muir

HRTOHuman Rights Tribunal of OntarioDec 12, 2016

Respondents' request for early access to applicant's medical records before filing a response denied.

The applicant alleged employment discrimination based on race and related grounds, specifically citing discriminatory name-calling by a supervisor.

Instead of filing a Response, the respondents filed a Request for Order During Proceeding seeking extensive access to the applicant's medical records from the employer's occupational health file.

The respondents were ordered to file their Response within 14 days.

Gordon v. Toronto Transit Commission, 2016 HRTO 1599

David Muir

Tribunal waived time requirements and granted request to reactivate deferred human rights application.

The applicant filed a request to reactivate his human rights application, which had been deferred pending a grievance arbitration.

The respondent opposed the request because it was filed approximately a month after the 60-day period contemplated by Rule 14 of the Tribunal's Rules of Procedure.

Abul Chowdhury v. Hilton Toronto, 2016 HRTO 1593

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss because the matter appeared to fall under federal jurisdiction.

The applicant failed to respond to the Notice.

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

Lamont Hunter v. OC Transpo, 2016 HRTO 1592

David Muir

Practising Law - Employed43 cases2010–2026

Application dismissed; a record of professional complaints does not constitute a 'record of offences' under the Code.

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

He claimed the respondent regulatory organization forwarded a record of complaints about his conduct to prospective employers, preventing him from gaining employment.

The Tribunal dismissed the application, finding it plain and obvious that it lacked jurisdiction to deal with allegations of unfairness not grounded in a protected Code ground.

Connor v. Investment Industry Regulatory Organization, 2016 HRTO 1579

Nicole McAuley

2 cases2016–2021

Nadina S. Zacks

1 case2016–2016

Mindy Noble

Fatema Dada

Practising Law - Employed18 cases2012–2017

David Muir

Request to add respondents and amend human rights application granted at early stage of proceeding.

The applicant filed a Request for Order During Proceeding to add two respondents, amend the application to include the social area of goods and services, and add related allegations.

The Tribunal granted the requests, noting that the application was at an early stage, mediation had not taken place, and the proposed new respondents did not object to being added.

Baker v. Sault College, 2016 HRTO 1578

Andrew McCreary

8 cases2005–2023

David Muir

Human rights application alleging discriminatory trespass notice dismissed for no reasonable prospect of success.

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

The Tribunal found that the applicant failed to point to any evidence that would establish a link between the issuance of the trespass notice and her disability.

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

Adams v. SNC-Lavalin O&M Inc., 2016 HRTO 1576

David Muir

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

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

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to a Tribunal direction inquiring about their intentions with respect to the application.

The Tribunal deemed the application abandoned and dismissed it.

G.S. v. Ontario (Child and Youth Services), 2016 HRTO 1570

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 application appeared to be outside its jurisdiction.

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

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

Pleta v. CIBC, 2016 HRTO 1568

David Muir

Human rights application dismissed as abandoned after applicant failed to maintain contact with the Tribunal.

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

Correspondence and notices of mediation sent to the applicant were returned marked 'moved address unknown'.

The applicant failed to respond to Tribunal directions requesting updated contact information and mutually agreeable dates for mediation.

Consequently, the Tribunal dismissed the application as abandoned pursuant to Rule 5.4 of the Tribunal's Rules of Procedure.

Collins v. Ontario (Community Safety and Correctional Services), 2016 HRTO 1567

David Muir