David Muir

HRTOHuman Rights Tribunal of OntarioDec 18, 2012

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

The applicant filed a human rights application but subsequently requested to cancel the mediation date due to a car accident, indicating an intention to withdraw and refile.

Despite multiple directions and warnings from the Tribunal to confirm her intentions in writing, the applicant failed to respond.

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

Dawn Giovanelli v. Whitecourt Oil Corporation, 2012 HRTO 2362

David Muir

HRTOHuman Rights Tribunal of OntarioDec 17, 2012

Human rights application deferred pending resolution of concurrent union grievance on same facts.

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

The respondent requested that the application be deferred pending the resolution of a concurrent grievance related to the same facts and issues.

The Tribunal noted its normal approach to defer applications where there is an ongoing grievance under a collective agreement, as grievance arbitrators have the authority to enforce human rights obligations.

The Tribunal deferred the application pending the completion of the grievance process.

Cormier v. Loblaws Inc., 2012 HRTO 2352

David Muir

HRTOHuman Rights Tribunal of OntarioDec 13, 2012

Human rights application dismissed as abandoned due to applicant's failure to comply with procedural directions.

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

The Tribunal issued Case Assessment Directions requiring the applicant to file a witness list, witness statements, and documents she intended to rely upon, warning that failure to comply could result in the application being dismissed as abandoned.

The applicant failed to comply with the directions and made no attempt to contact the Tribunal.

Consequently, the application was dismissed as abandoned.

Shirley Blair v. Cedar Heights Residential Living, 2012 HRTO 2343

Julie O’Donnell

16 cases2000–2022

David Muir

HRTOHuman Rights Tribunal of OntarioDec 10, 2012

Human rights application dismissed as an abuse of process due to a binding Full and Final Release.

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

The respondent requested early dismissal on the basis that the applicant had previously signed a Full and Final Release in exchange for a severance package.

The applicant argued he was stressed, not sleeping well, and lacked capacity when he signed the release.

The Tribunal found no evidence that the applicant lacked the legal capacity to execute the settlement documents or that the respondent had actual or constructive knowledge of any incapacity.

The Tribunal held that the release was binding and dismissed the application as an abuse of process.

Cameron Scott v. Teranet Inc., 2012 HRTO 2315

Adjournment granted due to applicant counsel's scheduling conflict in Superior Court.

The applicant requested an adjournment of the scheduled hearing because his counsel was required to appear in Superior Court.

The respondents did not consent.

The Tribunal found that the scheduling conflict constituted an exceptional circumstance justifying an adjournment under its Practice Direction.

The request was granted and the parties were directed to propose new hearing dates.

Francisco v. Toronto District School Board, 2012 HRTO 2308

Brenda Bowlby

67 cases1984–2014

David Muir

Reconsideration granted after applicant failed to connect to telephone hearing; written submissions directed.

The applicant requested reconsideration of a decision dismissing his human rights applications after he failed to attend a scheduled telephone hearing.

The applicant claimed he attempted to connect to the conference call for three hours but was unsuccessful.

The respondent opposed the request, noting its own successful connection and the applicant's failure to contact the Tribunal.

The Tribunal found it appropriate to reconsider the dismissal, concluding that the applicant's failure to attend was likely not an intentional attempt to avoid the hearing.

The Tribunal directed the parties to provide written submissions on the substantive issues and the respondent's request to declare the applicant a vexatious litigant.

Banigan v. Sheridan College Institute of Technology, 2012 HRTO 2306

Phillip McCullogh

David Muir

Human rights application alleging racial discrimination in failure to promote dismissed for lack of evidence.

The applicant, a black African employee, alleged discrimination on the basis of age, ancestry, ethnic origin, and race after he was not promoted to a management position and experienced other workplace changes, including restricted computer access.

The Tribunal found no evidence that the decisions were based on discriminatory grounds.

The respondents provided credible, non-discriminatory explanations for the workplace changes and the promotion decision, citing the applicant's resistance to new procedures following corporate mergers and the successful candidate's better adaptability.

The application was dismissed.

Morris Albarus v. LKQ Keystone Automotive Industries ON, Inc. and Phillip Blais, 2012 HRTO 2279

Milton Verskin

3 cases2002–2015

Mark Josslyn

David Muir

Human rights application alleging sex and disability discrimination dismissed for having no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination in employment on the basis of sex and disability, as well as reprisal, culminating in her termination.

After hearing the applicant's evidence in chief, the respondents moved to dismiss the application on the basis that it had no reasonable prospect of success.

The Tribunal found that the applicant failed to establish a prima facie case of discrimination.

The evidence showed a workplace dispute regarding a report and performance appraisals, but no evidence linking the employer's actions to the applicant's sex or disability.

The Tribunal also found no basis for the reprisal claim.

The application was dismissed.

Brenda Palmer v. Canadian Institute for Health Information, 2012 HRTO 2305

David Muir

Human rights application alleging discriminatory termination and failure to accommodate dismissed for having no reasonable prospect of success.

The applicant alleged discrimination in employment on the basis of disability, family status, and record of offences, claiming he was terminated for a one-day absence due to illness and that the respondents failed to accommodate his family status needs.

The Tribunal held a summary hearing and dismissed the application, finding it had no reasonable prospect of success.

The applicant provided no evidence linking his termination to a disability, and the respondents' unchallenged evidence showed he was terminated for absenteeism and indecision regarding competing employment offers.

The family status claim was also dismissed as hypothetical, as the applicant failed to provide advance notice of his absence despite being able to do so.

Isam Sarraf v. The Regional Municipality of Niagara and Normans Taurins, 2012 HRTO 2293

Roy Filion

55 cases1987–2019

David Muir

Late amendment to add systemic discrimination claims denied; amendment for post-complaint reprisal permitted.

The respondent school board filed a Request for Order During Proceedings to clarify the scope of the applicant's human rights complaint after the applicant attempted to introduce new allegations shortly before the hearing.

The applicant sought to add broad claims of systemic discrimination against South Asians and new allegations of reprisal.

The Tribunal granted the respondent's request in part, refusing to allow the late amendment for the systemic discrimination claims due to prejudice and delay.

However, the Tribunal permitted the amendment regarding post-complaint reprisal, finding it inextricably linked to the ongoing employment relationship and not prejudicial to the respondent.

Harrypersad v. Peel District School Board, 2012 HRTO 2291

David Muir

HRTOHuman Rights Tribunal of OntarioDec 4, 2012

Human rights application closed by Tribunal after parties confirmed settlement but failed to file withdrawal forms.

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

The parties advised the Tribunal that the matter had been settled and settlement funds were received, but failed to file the required forms to withdraw or close the file.

The Tribunal closed the file based on the parties' advice that the case had settled.

Baker v. Dowler-Karn Limited, 2012 HRTO 2269

David Muir

HRTOHuman Rights Tribunal of OntarioDec 3, 2012

Respondents given 14 days to file a response to human rights application or face default proceedings.

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, along with an explanation for the delay, failing which the Tribunal may proceed without further notice to them pursuant to Rule 5.5 of the Tribunal's Rules of Procedure.

Balmer v. Uptown Communications House, 2012 HRTO 2255

David Muir

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

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

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

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

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

Daniel Zakharia v. Nestle Canada Inc., 2012 HRTO 2248

Sarah Colman

3 cases2007–2017

Grant Bowers

34 cases1995–2014

David Muir

Human rights application deferred pending resolution of concurrent grievances raising the same issues.

The applicant filed a human rights application alleging employment discrimination based on sex and reprisal.

The respondent school board requested that the application be deferred pending the resolution of five concurrent grievances covering substantially the same issues.

The applicant opposed deferral, arguing that the grievances did not address the personal liability of the individual respondent.

The Tribunal granted the deferral, noting its general approach to defer applications where there is an ongoing grievance based on the same facts and issues, as grievance arbitrators have the authority to enforce human rights obligations.

Rosalie Griffith v. Toronto District School Board and Patrick Knight, 2012 HRTO 2245

David Muir

Human rights application dismissed as abandoned after applicant failed to provide directed submissions on delay.

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

Following an interim decision that dismissed part of the application, the applicant was directed to provide written submissions on the issue of delay for the remaining allegations.

The applicant failed to respond to the initial direction and subsequent Case Assessment Directions sent by mail and email.

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

Okunbo v. Nadiscorp Logistics Group Inc., 2012 HRTO 2238

David Muir

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

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

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

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

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

Arunodayan Thirunavukkarasu v. City of Toronto, 2012 HRTO 2237

David Muir

Tribunal awards $3,000 for failure to recall employee due to perceived disability.

The applicant alleged discrimination in employment on the basis of disability after he was not recalled to work following a layoff.

The applicant had suffered a workplace injury and took time off for physiotherapy.

The Tribunal found that the respondents' perception that the applicant was physically unfit for work was a factor in their decision not to recall him, constituting discrimination.

However, the Tribunal also found that the applicant would not have been recalled regardless due to significant non-discriminatory workplace conflict.

The Tribunal awarded $3,000 for injury to dignity, feelings, and self-respect, but denied lost wages.

Braun v. Sunshine Landscaping, 2012 HRTO 2236

David Muir

Personal respondent given 14 days to file a Response or face consequences of non-participation.

The applicant filed a human rights application against the corporate respondent and two personal respondents.

One personal respondent failed to file a Response by the deadline.

The Tribunal issued an interim decision directing the non-responding party to file a Response within 14 days, warning that failure to do so could result in the Tribunal proceeding without further notice and deeming him to have accepted the allegations.

Jesse Lorbetskie v. CCW Group of Companies Inc., Diane Benton and Derek Godbout, 2012 HRTO 2231

David Muir

HRTOHuman Rights Tribunal of OntarioNov 28, 2012

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

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

A scheduled hearing was cancelled after the applicant disclosed a sensitive personal matter.

The Tribunal placed the matter in abeyance for six months and directed the applicant to report back.

When the applicant failed to report or respond to subsequent directions, the Tribunal dismissed the application as abandoned.

Jacklyn Marley v. Paul Brian Johnson and Brad Rawn, 2012 HRTO 2228

Melanie Borowicz-Sibenik

Practising Law - Employed1 case2012–2012

David Muir

HRTOHuman Rights Tribunal of OntarioNov 27, 2012

Adjournment request denied as pending WSIB decision was irrelevant to past breach of settlement allegations.

The applicant filed an application alleging that the respondents breached a settlement agreement by failing to accommodate his disability when they denied his request to be moved from his current work location.

The applicant requested an adjournment of the hearing on the basis that the WSIB was considering a claim regarding a psychological injury going back to 1992.

The Tribunal denied the adjournment request, agreeing with the respondents that information not available to the respondents at the time they made their accommodation decisions is irrelevant to whether they breached the settlement agreement at the material times.

Dunn v. The Corporation of the City of Sault Ste. Marie, 2012 HRTO 2215

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1 appearance

for the Applicant Scott Strang

Eli GedalofCounsel
1 appearance

for The Automobile Insurance Company of Hartford, Connecticut

Julian R.G. ThomasCounsel
1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Nicole SinghCounsel
1 appearance
Karen SargeantCounsel
1 appearance

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

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

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

Jessica FioreCounsel
1 appearance
Lori PatykCounsel
1 appearance

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

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

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

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

Elliot SpearsCounsel
1 appearance
Ross GowerCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

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

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

Andrea DonevanCounsel
1 appearance
Antonella CeddiaCounsel
1 appearance

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

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

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

Christine LeblancCounsel
1 appearance
Andy PushalikCounsel
1 appearance

for the Social Benefits Tribunal and Social Justice Tribunals of Ontario

Asad MotenCounsel
1 appearance

for the TPA respondents

Caroline v. (Nini) JonesCounsel
1 appearance

for the TPSB respondents

Omo AkintanCounsel
1 appearance

for the TPSOA respondents

Ian RolandCounsel
1 appearance

for the United Food and Commercial Workers Union, Local 175

Sandra ColeAgent
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for Toronto District School Board

Glorie AlfredCounsel
1 appearance

for Traders General Insurance Company

Mark DonaldsonCounsel
1 appearance

for University Health Network

Jacqueline SilveraAgent
1 appearance

for Waste Management of Canada Corporation

Seann D. McAleeseCounsel
1 appearance

for Wawanesa Mutual Insurance Company

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

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

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

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

Al BagherianSelf-represented
1 appearance
Cathy CharpentierSelf-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

David Muir

HRTOHuman Rights Tribunal of OntarioDec 18, 2012

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

The applicant filed a human rights application but subsequently requested to cancel the mediation date due to a car accident, indicating an intention to withdraw and refile.

Despite multiple directions and warnings from the Tribunal to confirm her intentions in writing, the applicant failed to respond.

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

Dawn Giovanelli v. Whitecourt Oil Corporation, 2012 HRTO 2362

David Muir

HRTOHuman Rights Tribunal of OntarioDec 17, 2012

Human rights application deferred pending resolution of concurrent union grievance on same facts.

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

The respondent requested that the application be deferred pending the resolution of a concurrent grievance related to the same facts and issues.

The Tribunal deferred the application pending the completion of the grievance process.

Cormier v. Loblaws Inc., 2012 HRTO 2352

David Muir

HRTOHuman Rights Tribunal of OntarioDec 13, 2012

Human rights application dismissed as abandoned due to applicant's failure to comply with procedural directions.

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

The applicant failed to comply with the directions and made no attempt to contact the Tribunal.

Consequently, the application was dismissed as abandoned.

Shirley Blair v. Cedar Heights Residential Living, 2012 HRTO 2343

Julie O’Donnell

16 cases2000–2022

David Muir

HRTOHuman Rights Tribunal of OntarioDec 10, 2012

Human rights application dismissed as an abuse of process due to a binding Full and Final Release.

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

The respondent requested early dismissal on the basis that the applicant had previously signed a Full and Final Release in exchange for a severance package.

The applicant argued he was stressed, not sleeping well, and lacked capacity when he signed the release.

The Tribunal found no evidence that the applicant lacked the legal capacity to execute the settlement documents or that the respondent had actual or constructive knowledge of any incapacity.

The Tribunal held that the release was binding and dismissed the application as an abuse of process.

Cameron Scott v. Teranet Inc., 2012 HRTO 2315

Wendy Lopez

Practising Law - Employed14 cases2011–2017

Osborne Barnwell

24 cases2000–2025

David Muir

Adjournment granted due to applicant counsel's scheduling conflict in Superior Court.

The applicant requested an adjournment of the scheduled hearing because his counsel was required to appear in Superior Court.

The respondents did not consent.

The Tribunal found that the scheduling conflict constituted an exceptional circumstance justifying an adjournment under its Practice Direction.

The request was granted and the parties were directed to propose new hearing dates.

Francisco v. Toronto District School Board, 2012 HRTO 2308

Brenda Bowlby

67 cases1984–2014

David Muir

Reconsideration granted after applicant failed to connect to telephone hearing; written submissions directed.

The applicant requested reconsideration of a decision dismissing his human rights applications after he failed to attend a scheduled telephone hearing.

The applicant claimed he attempted to connect to the conference call for three hours but was unsuccessful.

The respondent opposed the request, noting its own successful connection and the applicant's failure to contact the Tribunal.

The Tribunal found it appropriate to reconsider the dismissal, concluding that the applicant's failure to attend was likely not an intentional attempt to avoid the hearing.

The Tribunal directed the parties to provide written submissions on the substantive issues and the respondent's request to declare the applicant a vexatious litigant.

Banigan v. Sheridan College Institute of Technology, 2012 HRTO 2306

Phillip McCullogh

David Muir

Human rights application alleging racial discrimination in failure to promote dismissed for lack of evidence.

The Tribunal found no evidence that the decisions were based on discriminatory grounds.

The application was dismissed.

Morris Albarus v. LKQ Keystone Automotive Industries ON, Inc. and Phillip Blais, 2012 HRTO 2279

Milton Verskin

3 cases2002–2015

Mark Josslyn

David Muir

Human rights application alleging sex and disability discrimination dismissed for having no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination in employment on the basis of sex and disability, as well as reprisal, culminating in her termination.

After hearing the applicant's evidence in chief, the respondents moved to dismiss the application on the basis that it had no reasonable prospect of success.

The Tribunal found that the applicant failed to establish a prima facie case of discrimination.

The evidence showed a workplace dispute regarding a report and performance appraisals, but no evidence linking the employer's actions to the applicant's sex or disability.

The Tribunal also found no basis for the reprisal claim.

The application was dismissed.

Brenda Palmer v. Canadian Institute for Health Information, 2012 HRTO 2305

David Muir

Human rights application alleging discriminatory termination and failure to accommodate dismissed for having no reasonable prospect of success.

The Tribunal held a summary hearing and dismissed the application, finding it had no reasonable prospect of success.

The family status claim was also dismissed as hypothetical, as the applicant failed to provide advance notice of his absence despite being able to do so.

Isam Sarraf v. The Regional Municipality of Niagara and Normans Taurins, 2012 HRTO 2293

Roy Filion

55 cases1987–2019

David Muir

Late amendment to add systemic discrimination claims denied; amendment for post-complaint reprisal permitted.

The applicant sought to add broad claims of systemic discrimination against South Asians and new allegations of reprisal.

The Tribunal granted the respondent's request in part, refusing to allow the late amendment for the systemic discrimination claims due to prejudice and delay.

However, the Tribunal permitted the amendment regarding post-complaint reprisal, finding it inextricably linked to the ongoing employment relationship and not prejudicial to the respondent.

Harrypersad v. Peel District School Board, 2012 HRTO 2291

David Muir

HRTOHuman Rights Tribunal of OntarioDec 4, 2012

Human rights application closed by Tribunal after parties confirmed settlement but failed to file withdrawal forms.

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

The parties advised the Tribunal that the matter had been settled and settlement funds were received, but failed to file the required forms to withdraw or close the file.

The Tribunal closed the file based on the parties' advice that the case had settled.

Baker v. Dowler-Karn Limited, 2012 HRTO 2269

David Muir

HRTOHuman Rights Tribunal of OntarioDec 3, 2012

Respondents given 14 days to file a response to human rights application or face default proceedings.

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.

Balmer v. Uptown Communications House, 2012 HRTO 2255

David Muir

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

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

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

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

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

Daniel Zakharia v. Nestle Canada Inc., 2012 HRTO 2248

Sarah Colman

3 cases2007–2017

Grant Bowers

34 cases1995–2014

David Muir

Human rights application deferred pending resolution of concurrent grievances raising the same issues.

The applicant filed a human rights application alleging employment discrimination based on sex and reprisal.

The respondent school board requested that the application be deferred pending the resolution of five concurrent grievances covering substantially the same issues.

The applicant opposed deferral, arguing that the grievances did not address the personal liability of the individual respondent.

Rosalie Griffith v. Toronto District School Board and Patrick Knight, 2012 HRTO 2245

David Muir

Human rights application dismissed as abandoned after applicant failed to provide directed submissions on delay.

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

Following an interim decision that dismissed part of the application, the applicant was directed to provide written submissions on the issue of delay for the remaining allegations.

The applicant failed to respond to the initial direction and subsequent Case Assessment Directions sent by mail and email.

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

Okunbo v. Nadiscorp Logistics Group Inc., 2012 HRTO 2238

David Muir

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

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

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

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

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

Arunodayan Thirunavukkarasu v. City of Toronto, 2012 HRTO 2237

David Muir

Tribunal awards $3,000 for failure to recall employee due to perceived disability.

The applicant alleged discrimination in employment on the basis of disability after he was not recalled to work following a layoff.

The applicant had suffered a workplace injury and took time off for physiotherapy.

The Tribunal found that the respondents' perception that the applicant was physically unfit for work was a factor in their decision not to recall him, constituting discrimination.

However, the Tribunal also found that the applicant would not have been recalled regardless due to significant non-discriminatory workplace conflict.

The Tribunal awarded $3,000 for injury to dignity, feelings, and self-respect, but denied lost wages.

Braun v. Sunshine Landscaping, 2012 HRTO 2236

David Muir

Personal respondent given 14 days to file a Response or face consequences of non-participation.

The applicant filed a human rights application against the corporate respondent and two personal respondents.

One personal respondent failed to file a Response by the deadline.

Jesse Lorbetskie v. CCW Group of Companies Inc., Diane Benton and Derek Godbout, 2012 HRTO 2231

David Muir

HRTOHuman Rights Tribunal of OntarioNov 28, 2012

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

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

A scheduled hearing was cancelled after the applicant disclosed a sensitive personal matter.

The Tribunal placed the matter in abeyance for six months and directed the applicant to report back.

When the applicant failed to report or respond to subsequent directions, the Tribunal dismissed the application as abandoned.

Jacklyn Marley v. Paul Brian Johnson and Brad Rawn, 2012 HRTO 2228

Melanie Borowicz-Sibenik

Practising Law - Employed1 case2012–2012

David Muir