David Muir

Tribunal consolidates age discrimination and reprisal applications but refuses to delay scheduled mediation.

The applicant filed two human rights applications alleging age discrimination and reprisal.

The respondent requested that the applications be consolidated and the scheduled mediation be delayed.

The Tribunal ordered the consolidation of the applications as they involved the same parties and connected issues, but declined to delay the mediation, finding no compelling reason to do so.

Dikasz v. Eastgate Ford Sales & Service, 2013 HRTO 104

David Muir

Union granted intervenor status in human rights application; applicant's request for return of medical information denied.

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

The applicant's union requested intervenor status, which the applicant opposed on the basis of inadequate representation.

The Tribunal granted the union intervenor status, noting its obvious interest in the proceedings and the collective agreement.

The Tribunal also denied the applicant's request for an order directing the return of medical information previously provided to the respondent and the union, as the disclosure obligations for the current proceeding had not yet arisen.

Sandra Cole v. Metro Ontario Inc., 2013 HRTO 103

Human rights application deferred pending resolution of parallel federal proceeding due to uncertain jurisdiction.

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

The respondents requested that the application be dismissed, arguing that they are federally regulated and the Tribunal lacks jurisdiction.

The applicant requested that the matter be deferred pending resolution of a parallel proceeding under the Canadian Human Rights Act.

The Tribunal found that the jurisdictional issue was uncertain and that it would be most fair, just, and expeditious to defer the application rather than put the parties to further expense and delay.

Kouame v. DHL Express (Canada) Ltd., 2013 HRTO 91

Stephen J. Shamie

12 cases1989–2020

David Muir

Human rights application deferred pending resolution of concurrent Public Service Grievance Board complaint.

The respondents filed a Request for Order During Proceeding seeking to defer the human rights application alleging age discrimination pending the resolution of a concurrent complaint filed with the Public Service Grievance Board.

The applicant did not oppose the request.

The Tribunal found that the issues raised in the grievance were essentially the same as those in the application.

Noting that grievance arbitrators have the authority to enforce human rights obligations, the Tribunal deferred the application to avoid concurrent proceedings and ensure the orderly administration of justice.

William Jackson v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Labour and Peter Gallus, 2013 HRTO 87

David Muir

Style of cause amended to remove incorrectly added personal respondent.

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

In a previous interim decision, the Tribunal incorrectly added another individual as a personal respondent.

The Tribunal issued this interim decision to amend the style of cause and correct the error.

Curtis v. Bloke & Forth, 2013 HRTO 85

David Muir

HRTOHuman Rights Tribunal of OntarioJan 15, 2013

Human rights application dismissed at summary hearing for lacking a reasonable prospect of success.

The applicant filed a human rights application alleging discrimination with respect to housing on the basis of race, colour, ancestry, ethnic origin, and sex.

The applicant alleged that members of the condominium board of directors falsely accused her of misusing funds and engaged in other inappropriate conduct.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect that the applicant could prove a link between the respondents' alleged actions and a protected Code ground.

Shabana Asmal v. YCC 139, Nelda Lozinski and Heorhig (George) Nerubenko, 2013 HRTO 76

Sue Lott

26 cases2009–2017

David Muir

Union's unopposed request to intervene in member's human rights application granted.

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

The applicant's bargaining agent, the Canadian Union of Public Employees, Local 942, filed a Request to Intervene.

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

Vidura Karunaratne v. Carillion Services (ROH) Inc., 2013 HRTO 71

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.

A mediation session was scheduled, but the applicant failed to attend.

The Tribunal subsequently wrote to the applicant warning that failure to respond could result in the application being deemed abandoned.

The applicant did not respond.

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

Monika Rajna v. Skanna System Investigation Inc., 2013 HRTO 68

David Muir

In Private Practice3 cases2012–2013

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

The applicant filed an application alleging discrimination in employment on the basis of ethnic origin, place of origin, race, and reprisal.

After failing to attend mediation, the applicant indicated a desire to continue, but subsequently failed to respond to a Tribunal Case Assessment Direction requiring a response to the respondent's Request for Summary Hearing.

The Tribunal found that the applicant had abandoned the application and dismissed it.

Sandra Rodriguez v. Bio-Pharma Services Inc., 2013 HRTO 58

Aleisha Stevens

David Muir

Human rights application against union dismissed at summary hearing for lacking evidence of discrimination.

The applicant filed a human rights application alleging discrimination with respect to employment because of race and colour against her union.

She claimed the union failed to adequately support her and file a grievance following a workplace harassment dispute.

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

The Tribunal found that the applicant provided no evidence linking the union's alleged failure to represent her to her race or colour, and dismissed the application.

Noel v. Service Employees International Union Canada Local 1, 2013 HRTO 39

David Muir

Request for production of additional job competition documents denied as speculative and not arguably relevant.

The applicant filed a second Request for Order During Proceedings seeking the production of additional documents related to a job competition, including interview notes and feedback for all candidates.

The Tribunal denied the request, finding that the documents were not arguably relevant to the issues in dispute and that the request amounted to a speculative search for evidence on the eve of the hearing.

Peggy Harrypersad v. Peel District School Board, 2013 HRTO 55

David Muir

Human rights application deferred pending conclusion of concurrent civil proceeding covering the same factual ground.

The applicant filed a human rights application alleging discrimination and reprisal by the respondent college.

Prior to filing the application, the applicant had commenced a civil proceeding against the respondent covering the same factual ground.

The Tribunal considered whether to dismiss the application under section 34(11) of the Human Rights Code or defer it under section 45.

Finding that the civil claim did not explicitly frame the dispute as a human rights violation but covered the same facts, the Tribunal declined to dismiss the application but ordered it deferred pending the conclusion of the civil proceeding to avoid concurrent litigation.

Chang Gen Hu v. Canadore College, 2013 HRTO 41

David Muir

Request for reconsideration denied as applicant failed to meet threshold criteria and attempted to re-argue case.

The applicant requested a reconsideration of a previous decision that dismissed his human rights application for being filed out of time and failing to identify specific acts of discrimination.

The Tribunal found that the applicant did not meet any of the threshold criteria for reconsideration under Rule 26.5, as he merely reiterated previous submissions and attempted to re-argue the case.

The request for reconsideration was denied.

Mike Miroslav Iwachow v. The Corporation of the Town of Fort Erie, 2013 HRTO 40

David Muir

HRTOHuman Rights Tribunal of OntarioJan 7, 2013

Human rights application dismissed as abandoned after applicant failed to file required documents.

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

Despite a Case Assessment Direction warning that the application could be dismissed as abandoned if the materials were not filed, the applicant did not comply or respond to correspondence.

The Tribunal concluded that the applicant had abandoned the application and dismissed it.

Cherry Munoz v. Kerry’s Place Autism Services and Kelly West, 2013 HRTO 27

David Muir

HRTOHuman Rights Tribunal of OntarioDec 21, 2012

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

The applicant filed an application alleging discrimination in employment on the basis of sex.

The parties agreed to mediation, but the applicant failed to attend the scheduled mediation session.

The Tribunal directed the applicant to advise whether she intended to proceed with the application, 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.

Amanda Chalk v. David Major, 2012 HRTO 2374

Jennifer Richards

82 cases2007–2019

Danny Kastner

29 cases2008–2019

David Muir

Breach of settlement applications dismissed; Tribunal lacks jurisdiction to void settlements for duress under section 45.9.

The applicant filed applications alleging a breach of a 2009 settlement agreement by his former employer and union.

The applicant claimed he was tricked into signing the settlement and accepted it under economic duress.

The respondents argued the Tribunal lacked jurisdiction under section 45.9 of the Human Rights Code to consider these allegations as a breach of settlement.

The Tribunal agreed, finding that an allegation of duress is a claim that the contract does not represent a voluntary agreement, not an allegation that a party contravened the settlement.

The applications were dismissed for lack of jurisdiction.

O’Connor v. Ontario (Finance), 2012 HRTO 2381

Roy Filion

David Muir

Adjournment request to seek legal representation denied as it does not constitute an exceptional circumstance.

The applicant filed an application alleging discrimination in employment.

Shortly before the scheduled hearing, the applicant requested an adjournment to seek legal representation.

The Tribunal denied the request, noting that under its Practice Direction, adjournments are only granted in extraordinary circumstances.

The Tribunal held that a party's decision to retain counsel after a hearing is scheduled does not constitute an exceptional circumstance, particularly where the party had several months to do so.

Peggy Harrypersad v. Peel District School Board, 2012 HRTO 2378

Roy Filion

David Muir

Request for production of interview notes for other unsuccessful job candidates denied for lack of relevance.

The applicant filed an application alleging discrimination in employment regarding a job competition.

She brought a Request for Order During Proceeding seeking the production of various documents, including interview notes and names of all applicants.

The Tribunal dismissed the request for materials relating to other unsuccessful candidates, finding the applicant failed to establish their arguable relevance.

The respondent was ordered to produce the formal offer made to the successful candidate, as agreed.

Peggy Harrypersad v. Peel District School Board, 2012 HRTO 2377

David Muir

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

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.

Kirk Pollett v. Waterloo Standard Condominium Corp. No. 540, 2012 HRTO 2376

David Muir

HRTOHuman Rights Tribunal of OntarioDec 18, 2012

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

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

The applicant failed to attend a scheduled mediation, although his legal representative attended.

The Tribunal sent a letter requiring the applicant to confirm his intention to proceed, warning that failure to respond could result in the application being dismissed as abandoned.

The applicant did not respond.

The Tribunal deemed the application abandoned and dismissed it.

Moussa Auckbaraulle v. Ponti Menswear, 2012 HRTO 2366

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Richard J. CharneyCounsel
1 appearance

for the Insurer

William M. SproullCounsel
2 appearances
Andrew T. GrahamCounsel
2 appearances
James V. LeoneCounsel
1 appearance
Kevin GriffithsCounsel
1 appearance

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

Sue LottCounsel
4 appearances
Ryan GoldvineCounsel
3 appearances
Cathy PikeCounsel
2 appearances
Louis SokolovCounsel
2 appearances
Emma PhillipsCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Fred HoUnion representative
1 appearance
Quadira JacksonCounsel
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
David PatacairkCounsel
4 appearances
Melanie HerbinCounsel
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
Sari SpringerCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
James HeeneyCounsel
1 appearance
Kerri KitchenCounsel
1 appearance
Vivian BercoviciCounsel
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
David C. TurnerCounsel
1 appearance
Greg BullenCounsel
1 appearance

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Robert WeirCounsel
1 appearance
Beverly BanksAgent
1 appearance
Glenn K. L. ChuCounsel
1 appearance
Casey PicardAgent
1 appearance
Derek L. RogersCounsel
1 appearance
1818224 Ontario Limited o/a Country Style DonutSelf-represented
1 appearance
James BallCounsel
1 appearance
David GourlayCounsel
1 appearance
Kristin A. LeyCounsel
1 appearance
Nelda LozinskiSelf-represented
1 appearance
Frank ChengAgent
1 appearance
Terry TaylorSelf-represented
1 appearance
Brenda BowlbyCounsel
1 appearance

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

Andrea DonevanCounsel
1 appearance
Antonella CeddiaCounsel
1 appearance

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

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

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

Andy PushalikCounsel
1 appearance
Christine LeblancCounsel
1 appearance

for the Social Benefits Tribunal and Social Justice Tribunals of Ontario

Asad MotenCounsel
1 appearance

for the TPA respondents

Caroline v. (Nini) JonesCounsel
1 appearance

for the TPSB respondents

Omo AkintanCounsel
1 appearance

for the TPSOA respondents

Ian RolandCounsel
1 appearance

for the United Food and Commercial Workers Union, Local 175

Sandra ColeAgent
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for Toronto District School Board

Glorie AlfredCounsel
1 appearance

for Traders General Insurance Company

Mark DonaldsonCounsel
1 appearance

for University Health Network

Jacqueline SilveraAgent
1 appearance

for Waste Management of Canada Corporation

Seann D. McAleeseCounsel
1 appearance

for Wawanesa Mutual Insurance Company

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

Melanie MalachCounsel
1 appearance
Jennifer GuthCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

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

Stephen Yanover

1 case2013–2013

David Muir

Tribunal consolidates age discrimination and reprisal applications but refuses to delay scheduled mediation.

The applicant filed two human rights applications alleging age discrimination and reprisal.

The respondent requested that the applications be consolidated and the scheduled mediation be delayed.

The Tribunal ordered the consolidation of the applications as they involved the same parties and connected issues, but declined to delay the mediation, finding no compelling reason to do so.

Dikasz v. Eastgate Ford Sales & Service, 2013 HRTO 104

David Muir

Union granted intervenor status in human rights application; applicant's request for return of medical information denied.

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

The applicant's union requested intervenor status, which the applicant opposed on the basis of inadequate representation.

The Tribunal granted the union intervenor status, noting its obvious interest in the proceedings and the collective agreement.

Sandra Cole v. Metro Ontario Inc., 2013 HRTO 103

Gregory J. Power

2 cases2013–2013

Bruce Best

45 cases2008–2015

David Muir

HRTOHuman Rights Tribunal of OntarioJan 17, 2013

Human rights application deferred pending resolution of parallel federal proceeding due to uncertain jurisdiction.

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

The respondents requested that the application be dismissed, arguing that they are federally regulated and the Tribunal lacks jurisdiction.

The applicant requested that the matter be deferred pending resolution of a parallel proceeding under the Canadian Human Rights Act.

The Tribunal found that the jurisdictional issue was uncertain and that it would be most fair, just, and expeditious to defer the application rather than put the parties to further expense and delay.

Kouame v. DHL Express (Canada) Ltd., 2013 HRTO 91

Stephen J. Shamie

12 cases1989–2020

David Muir

Human rights application deferred pending resolution of concurrent Public Service Grievance Board complaint.

The applicant did not oppose the request.

The Tribunal found that the issues raised in the grievance were essentially the same as those in the application.

William Jackson v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Labour and Peter Gallus, 2013 HRTO 87

David Muir

Style of cause amended to remove incorrectly added personal respondent.

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

In a previous interim decision, the Tribunal incorrectly added another individual as a personal respondent.

The Tribunal issued this interim decision to amend the style of cause and correct the error.

Curtis v. Bloke & Forth, 2013 HRTO 85

David Muir

HRTOHuman Rights Tribunal of OntarioJan 15, 2013

Human rights application dismissed at summary hearing for lacking a reasonable prospect of success.

The applicant filed a human rights application alleging discrimination with respect to housing on the basis of race, colour, ancestry, ethnic origin, and sex.

The applicant alleged that members of the condominium board of directors falsely accused her of misusing funds and engaged in other inappropriate conduct.

Shabana Asmal v. YCC 139, Nelda Lozinski and Heorhig (George) Nerubenko, 2013 HRTO 76

Sue Lott

26 cases2009–2017

David Muir

Union's unopposed request to intervene in member's human rights application granted.

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

The applicant's bargaining agent, the Canadian Union of Public Employees, Local 942, filed a Request to Intervene.

Vidura Karunaratne v. Carillion Services (ROH) Inc., 2013 HRTO 71

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.

A mediation session was scheduled, but the applicant failed to attend.

The Tribunal subsequently wrote to the applicant warning that failure to respond could result in the application being deemed abandoned.

The applicant did not respond.

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

Monika Rajna v. Skanna System Investigation Inc., 2013 HRTO 68

David Muir

In Private Practice3 cases2012–2013

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

The applicant filed an application alleging discrimination in employment on the basis of ethnic origin, place of origin, race, and reprisal.

The Tribunal found that the applicant had abandoned the application and dismissed it.

Sandra Rodriguez v. Bio-Pharma Services Inc., 2013 HRTO 58

Aleisha Stevens

David Muir

Human rights application against union dismissed at summary hearing for lacking evidence of discrimination.

The applicant filed a human rights application alleging discrimination with respect to employment because of race and colour against her union.

She claimed the union failed to adequately support her and file a grievance following a workplace harassment dispute.

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

The Tribunal found that the applicant provided no evidence linking the union's alleged failure to represent her to her race or colour, and dismissed the application.

Noel v. Service Employees International Union Canada Local 1, 2013 HRTO 39

David Muir

Request for production of additional job competition documents denied as speculative and not arguably relevant.

Peggy Harrypersad v. Peel District School Board, 2013 HRTO 55

David Muir

Human rights application deferred pending conclusion of concurrent civil proceeding covering the same factual ground.

The applicant filed a human rights application alleging discrimination and reprisal by the respondent college.

Prior to filing the application, the applicant had commenced a civil proceeding against the respondent covering the same factual ground.

The Tribunal considered whether to dismiss the application under section 34(11) of the Human Rights Code or defer it under section 45.

Chang Gen Hu v. Canadore College, 2013 HRTO 41

David Muir

Request for reconsideration denied as applicant failed to meet threshold criteria and attempted to re-argue case.

The applicant requested a reconsideration of a previous decision that dismissed his human rights application for being filed out of time and failing to identify specific acts of discrimination.

The Tribunal found that the applicant did not meet any of the threshold criteria for reconsideration under Rule 26.5, as he merely reiterated previous submissions and attempted to re-argue the case.

The request for reconsideration was denied.

Mike Miroslav Iwachow v. The Corporation of the Town of Fort Erie, 2013 HRTO 40

David Muir

HRTOHuman Rights Tribunal of OntarioJan 7, 2013

Human rights application dismissed as abandoned after applicant failed to file required documents.

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

Despite a Case Assessment Direction warning that the application could be dismissed as abandoned if the materials were not filed, the applicant did not comply or respond to correspondence.

The Tribunal concluded that the applicant had abandoned the application and dismissed it.

Cherry Munoz v. Kerry’s Place Autism Services and Kelly West, 2013 HRTO 27

David Muir

HRTOHuman Rights Tribunal of OntarioDec 21, 2012

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

The applicant filed an application alleging discrimination in employment on the basis of sex.

The parties agreed to mediation, but the applicant failed to attend the scheduled mediation session.

The Tribunal directed the applicant to advise whether she intended to proceed with the application, 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.

Amanda Chalk v. David Major, 2012 HRTO 2374

Jennifer Richards

82 cases2007–2019

Danny Kastner

29 cases2008–2019

David Muir

Breach of settlement applications dismissed; Tribunal lacks jurisdiction to void settlements for duress under section 45.9.

The applicant filed applications alleging a breach of a 2009 settlement agreement by his former employer and union.

The applicant claimed he was tricked into signing the settlement and accepted it under economic duress.

The respondents argued the Tribunal lacked jurisdiction under section 45.9 of the Human Rights Code to consider these allegations as a breach of settlement.

The Tribunal agreed, finding that an allegation of duress is a claim that the contract does not represent a voluntary agreement, not an allegation that a party contravened the settlement.

The applications were dismissed for lack of jurisdiction.

O’Connor v. Ontario (Finance), 2012 HRTO 2381

Roy Filion

David Muir

Adjournment request to seek legal representation denied as it does not constitute an exceptional circumstance.

The applicant filed an application alleging discrimination in employment.

Shortly before the scheduled hearing, the applicant requested an adjournment to seek legal representation.

The Tribunal denied the request, noting that under its Practice Direction, adjournments are only granted in extraordinary circumstances.

The Tribunal held that a party's decision to retain counsel after a hearing is scheduled does not constitute an exceptional circumstance, particularly where the party had several months to do so.

Peggy Harrypersad v. Peel District School Board, 2012 HRTO 2378

Roy Filion

David Muir

Request for production of interview notes for other unsuccessful job candidates denied for lack of relevance.

The applicant filed an application alleging discrimination in employment regarding a job competition.

She brought a Request for Order During Proceeding seeking the production of various documents, including interview notes and names of all applicants.

The Tribunal dismissed the request for materials relating to other unsuccessful candidates, finding the applicant failed to establish their arguable relevance.

The respondent was ordered to produce the formal offer made to the successful candidate, as agreed.

Peggy Harrypersad v. Peel District School Board, 2012 HRTO 2377

David Muir

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

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.

Kirk Pollett v. Waterloo Standard Condominium Corp. No. 540, 2012 HRTO 2376

David Muir