David Muir

Tribunal declines to dismiss application at preliminary stage; disability and reprisal allegations sufficient to proceed.

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

The self-represented applicant provided written submissions clarifying her allegations of failure to accommodate a disability and reprisal.

The Tribunal found it was not plain and obvious that the application fell outside its jurisdiction and directed that the application be delivered to the respondents.

Savin v. Granite Club Ltd., 2012 HRTO 1759

David Muir

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

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application for having no reasonable prospect of success and being out of time.

The applicant argued that the delay in filing was due to waiting for the conclusion of related criminal proceedings and needing time to pay a lawyer.

The Tribunal denied the request, finding that the applicant was attempting to re-argue issues already decided and that the new facts presented could have been raised at the initial summary hearing.

Garland v. Canunsa-CPS, 2012 HRTO 1748

David Muir

HRTOHuman Rights Tribunal of OntarioSep 14, 2012

Request for reconsideration denied as applicant failed to meet threshold criteria.

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

The Tribunal found that the applicant failed to establish any of the threshold criteria for reconsideration under Rule 26, noting that the request essentially repeated arguments already made and dealt with in the original decision.

The request for reconsideration was denied.

Ridha Bin Slama v. Certified Management Accountants of Ontario, 2012 HRTO 1745

Glorie Alfred

Practising Law - Employed24 cases2010–2014

David Muir

Request to reactivate human rights application denied as parallel grievance arbitration remains ongoing.

The applicant filed a Request to Reactivate her human rights application, which had been deferred pending the completion of a grievance arbitration raising identical facts and issues.

The applicant alleged the arbitration proceeding was unfair and a reprisal.

The respondent opposed the request, noting the grievance was adjourned pending an independent medical examination.

The Tribunal dismissed the request, finding no basis to reactivate the application while the grievance arbitration remained ongoing.

Cunningham v. Toronto District School Board, 2012 HRTO 1658

David Muir

Tribunal dismisses applicant's interim requests to reinstate allegations, add a respondent, and state a contempt case.

The applicant filed a Request for Order during Proceedings seeking to reinstate a previously dismissed reprisal allegation, add a new individual respondent, amend the application to include a section 9 Code violation, and state a case of contempt for late document disclosure.

The Tribunal dismissed all requests.

The Tribunal found the prior decision dismissing the allegation was not final and thus not subject to reconsideration.

The request to add a respondent lacked notice and was too late in the proceedings.

The section 9 amendment lacked justification, and there was no evidence that documents were deliberately withheld to warrant a contempt finding.

Bruce v. Greater Essex County District School Board, 2012 HRTO 1657

Neal Sommer

4 cases1990–2012

David Muir

HRTOHuman Rights Tribunal of OntarioAug 28, 2012

Tribunal declined to defer human rights application as related Law Society complaints had concluded.

The Tribunal issued a Case Assessment Direction to determine whether the application should be deferred pending the applicant's complaints to the Law Society of Upper Canada regarding the respondent's employees.

Both parties submitted that deferral was inappropriate as the Law Society investigations had concluded without any findings.

The Tribunal agreed, declined to defer the application, and directed the matter to proceed to a one-day oral hearing, waiving normal pre-hearing production requirements.

Robert MacKenzie v. ZSA Legal Recruitment Limited, 2012 HRTO 1639

Melanie Herbin

Practising Law - Employed9 cases2001–2015

David Muir

Reprisal allegation dismissed summarily; failure to accommodate surgery allegation proceeds to full hearing.

The applicant alleged discrimination on the basis of disability and reprisal regarding his application for funding under the Second Career program.

The respondent requested a summary hearing to dismiss the application for having no reasonable prospect of success.

The Tribunal found that the reprisal allegation had no reasonable prospect of success as there was no evidence of retaliatory intent in the respondent's requests for information.

However, the Tribunal allowed the allegation regarding the failure to accommodate the applicant's need for surgery to proceed to a full hearing, as credibility issues could not be resolved summarily.

Cameron v. Ontario (Training, Colleges and Universities), 2012 HRTO 1474

Union granted intervenor status; requests to add and remove personal respondents denied.

In an interim decision regarding a human rights application alleging sex discrimination and reprisal, the Tribunal addressed several preliminary requests.

The union's unopposed request to intervene was granted.

The applicant's request to add two individual respondents was denied, as the corporate respondent accepted liability and no compelling reason existed to add them.

The respondents' request to remove the individual respondent Kevin Cochrane was also denied, as he was a central figure in the allegations and a remedial order against him was possible.

The Tribunal also modified the parties' disclosure obligations.

Jephson v. Whitby (Town), 2012 HRTO 1472

David Muir

Human rights application dismissed as abandoned after applicant failed to respond following respondent's bankruptcy.

The applicant filed a human rights application against the respondent.

Prior to mediation, the respondent filed for bankruptcy, triggering a stay of proceedings.

The Tribunal directed the applicant to advise within one year whether she had lifted the stay or taken steps to proceed.

The applicant failed to respond to the Tribunal's direction and subsequent inquiries.

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

Ana Pereira v. National Carpet Mills Ltd., 2012 HRTO 1470

David Muir

HRTOHuman Rights Tribunal of OntarioJul 26, 2012

Tribunal directs corporate respondent to file Response within 14 days and orders service on individual respondents.

The applicant filed a human rights application against the Superior Court of Justice and two individual court staff members.

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

The Tribunal issued an interim decision directing the corporate respondent to file a Response within 14 days or face potential consequences under Rule 5.5.

Additionally, due to an administrative error, the individual respondents had not been served; the Tribunal directed that they be served and given 35 days to respond.

Riad v. Superior Court of Justice, 2012 HRTO 1462

David Muir

HRTOHuman Rights Tribunal of OntarioJul 25, 2012

Human rights application dismissed as abandoned after applicant failed to comply with document production directions.

The applicant filed an application alleging discrimination in employment.

After requesting and receiving an adjournment due to the passing of her spouse, the applicant failed to comply with multiple Tribunal directions requiring the production of documents.

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

Connie Watts v. 1581842 Ontario Limited O/A Living Lighting #23, 2012 HRTO 1452

Ellen A. S. Low

2 cases2012–2016

David Muir

Tribunal grants requests to anonymize minor applicants' names and consolidate identical human rights applications.

The applicants, two minors, filed human rights applications alleging they were denied admission to a summer camp because of a disability or perceived disability.

They requested that their names and their next friends' names be anonymized in the Tribunal's decisions to protect their privacy and avoid stigma.

The respondents did not oppose the request.

The Tribunal granted the anonymization request, finding that the protection of the children's highly personal information outweighed the principle of open justice.

The Tribunal also granted requests to consolidate the two identical applications.

A.G. v. Taylor Statten Camp Company Ltd., 2012 HRTO 1449

Donald B. Bayne

8 cases1980–2013

David Muir

Two human rights applications involving the same parties and ongoing factual situation consolidated on consent.

The applicant filed two human rights applications against the same respondents alleging discrimination and reprisal.

The respondents supported consolidation of the files, and the applicant consented.

Applying the factors from Lattey v. Canadian Pacific Railway, the Tribunal found that consolidating the applications was the most fair, just, and expeditious manner of adjudicating the matters.

The applications were ordered consolidated.

Trevors v. Homestead Land Holdings Limited, 2012 HRTO 1447

David Muir

Tribunal dismisses bias claim based on former counsel's membership on Practice Advisory Committee.

The applicant filed an application alleging a breach of settlement by the respondent and subsequently requested to withdraw the application while seeking to set aside the Minutes of Settlement.

The applicant alleged a reasonable apprehension of bias against the adjudicator and the entire Tribunal because her former counsel is a member of the Tribunal's Practice Advisory Committee.

The Tribunal dismissed the bias claim, finding that membership on the Practice Advisory Committee does not create a reasonable apprehension of bias.

The Tribunal also found it had no jurisdiction to appoint a disinterested person under the Public Officers Act and issued directions for the remaining issues.

Elisabeth Mitchinson v. Niagara Child and Youth Services, 2012 HRTO 1446

David Muir

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

The applicant filed an application alleging discrimination in employment based on colour, ethnic origin, and race.

The applicant later sent correspondence indicating a wish to withdraw the application but failed to copy the respondent as directed.

After a subsequent inquiry from the Tribunal was returned to sender, the Tribunal concluded the applicant had abandoned the application and dismissed it.

Yugraj Saini v. P. Pineo Pharmaceuticals Inc., 2012 HRTO 1439

David Muir

Request for reconsideration dismissed as alleged new facts were reiterations of previously considered allegations.

The applicant requested a reconsideration of a previous decision dismissing her human rights application for having no reasonable prospect of success.

She argued there were new facts or evidence regarding her termination and severance entitlements.

The Tribunal found that the alleged new facts were merely reiterations of allegations already considered in the summary hearing.

The request for reconsideration was dismissed.

Dass v. Extendicare Laurier Manor Nursing Home, 2012 HRTO 1431

David Muir

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

The applicant filed a human rights application which was stayed pending the respondent's bankruptcy proceedings.

After the bankruptcy proposal was accepted, the Tribunal directed the applicant to advise whether he intended to seek leave of the court to lift the stay.

The applicant failed to respond to the Tribunal's correspondence.

The Tribunal deemed the application abandoned and dismissed it.

Stutsman v. Propak Limited, 2012 HRTO 1430

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 s. 34 of the Human Rights Code.

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

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

As a result, the Tribunal deemed the application abandoned and dismissed it.

Ralph Hunter v. Mike Dean’s Super Food Stores, 2012 HRTO 1429

David Muir

HRTOHuman Rights Tribunal of OntarioJul 20, 2012

Request for reconsideration dismissed as applicant failed to address the required grounds for reconsideration.

The applicant filed a request for reconsideration of a decision that dismissed his human rights application on the basis of judicial immunity.

The original application alleged that an official of the Ontario Labour Relations Board provided bad faith advice causing him to withdraw his application.

The Tribunal found that the applicant's request for reconsideration merely repeated portions of his original application and expressed disagreement with the decision, without addressing the grounds for reconsideration under the Tribunal's rules.

The request for reconsideration was dismissed.

Rousay v. Ontario (Labour), 2012 HRTO 1425

Stephen F. Wilson

2 cases2000–2012

Paul O’Ryan

Practising Law - Employed24 cases2010–2018

David Muir

HRTOHuman Rights Tribunal of OntarioJul 17, 2012

Union granted intervenor status in human rights application due to potential impact on bargaining unit.

The applicant's bargaining agent, the Canadian Union of Public Employees and its Local 2713, filed a Request to Intervene in an application alleging employment discrimination based on sexual orientation.

The union argued it had an interest in the outcome, as potential remedies could impact bargaining unit members' seniority rights.

The Tribunal granted the union intervenor status, noting that the extent of its participation would be determined by the presiding Member at the hearing.

Debby Reiner v. City of Sarnia and Ian Smith, 2012 HRTO 1402

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Shawn PersaudAgent
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
Kevin GriffithsCounsel
1 appearance
James V. LeoneCounsel
1 appearance

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

Sue LottCounsel
4 appearances
Ryan GoldvineCounsel
3 appearances
Cathy PikeCounsel
2 appearances
Louis SokolovCounsel
2 appearances
Quadira JacksonCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Anne GregoryCounsel
1 appearance
Insiya EssajeeCounsel
1 appearance
Elizabeth NurseCounsel
1 appearance
Rick LaporteUnion representative
1 appearance

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

Elliot SpearsCounsel
1 appearance
Ross GowerCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

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

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

Stephen F. WIlsonCounsel
1 appearance
Mark JosslynCounsel
1 appearance
Jenifer RichardsCounsel
1 appearance
Mireille KhoraychCounsel
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
Joseph N. TasconaCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Robert WeirCounsel
1 appearance
Beverly BanksAgent
1 appearance
Glenn K. L. ChuCounsel
1 appearance
Derek L. RogersCounsel
1 appearance
Casey PicardAgent
1 appearance
James BallCounsel
1 appearance
1818224 Ontario Limited o/a Country Style DonutSelf-represented
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

Christine LeblancCounsel
1 appearance
Andy PushalikCounsel
1 appearance

for the Social Benefits Tribunal and Social Justice Tribunals of Ontario

Asad MotenCounsel
1 appearance

for the TPA respondents

Caroline v. (Nini) JonesCounsel
1 appearance

for the TPSB respondents

Omo AkintanCounsel
1 appearance

for the TPSOA respondents

Ian RolandCounsel
1 appearance

for the United Food and Commercial Workers Union, Local 175

Sandra ColeAgent
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for Toronto District School Board

Glorie AlfredCounsel
1 appearance

for Traders General Insurance Company

Mark DonaldsonCounsel
1 appearance

for University Health Network

Jacqueline SilveraAgent
1 appearance

for Waste Management of Canada Corporation

Seann D. McAleeseCounsel
1 appearance

for Wawanesa Mutual Insurance Company

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

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

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

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

David Muir

Tribunal declines to dismiss application at preliminary stage; disability and reprisal allegations sufficient to proceed.

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

The self-represented applicant provided written submissions clarifying her allegations of failure to accommodate a disability and reprisal.

The Tribunal found it was not plain and obvious that the application fell outside its jurisdiction and directed that the application be delivered to the respondents.

Savin v. Granite Club Ltd., 2012 HRTO 1759

David Muir

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

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application for having no reasonable prospect of success and being out of time.

The applicant argued that the delay in filing was due to waiting for the conclusion of related criminal proceedings and needing time to pay a lawyer.

The Tribunal denied the request, finding that the applicant was attempting to re-argue issues already decided and that the new facts presented could have been raised at the initial summary hearing.

Garland v. Canunsa-CPS, 2012 HRTO 1748

David Muir

HRTOHuman Rights Tribunal of OntarioSep 14, 2012

Request for reconsideration denied as applicant failed to meet threshold criteria.

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

The request for reconsideration was denied.

Ridha Bin Slama v. Certified Management Accountants of Ontario, 2012 HRTO 1745

Glorie Alfred

Practising Law - Employed24 cases2010–2014

David Muir

Request to reactivate human rights application denied as parallel grievance arbitration remains ongoing.

The applicant filed a Request to Reactivate her human rights application, which had been deferred pending the completion of a grievance arbitration raising identical facts and issues.

The applicant alleged the arbitration proceeding was unfair and a reprisal.

The respondent opposed the request, noting the grievance was adjourned pending an independent medical examination.

The Tribunal dismissed the request, finding no basis to reactivate the application while the grievance arbitration remained ongoing.

Cunningham v. Toronto District School Board, 2012 HRTO 1658

David Muir

Tribunal dismisses applicant's interim requests to reinstate allegations, add a respondent, and state a contempt case.

The Tribunal dismissed all requests.

The Tribunal found the prior decision dismissing the allegation was not final and thus not subject to reconsideration.

The request to add a respondent lacked notice and was too late in the proceedings.

The section 9 amendment lacked justification, and there was no evidence that documents were deliberately withheld to warrant a contempt finding.

Bruce v. Greater Essex County District School Board, 2012 HRTO 1657

Neal Sommer

4 cases1990–2012

David Muir

HRTOHuman Rights Tribunal of OntarioAug 28, 2012

Tribunal declined to defer human rights application as related Law Society complaints had concluded.

Both parties submitted that deferral was inappropriate as the Law Society investigations had concluded without any findings.

The Tribunal agreed, declined to defer the application, and directed the matter to proceed to a one-day oral hearing, waiving normal pre-hearing production requirements.

Robert MacKenzie v. ZSA Legal Recruitment Limited, 2012 HRTO 1639

Melanie Herbin

Practising Law - Employed9 cases2001–2015

David Muir

Practising Law - Employed37 cases1994–2024

Reprisal allegation dismissed summarily; failure to accommodate surgery allegation proceeds to full hearing.

The applicant alleged discrimination on the basis of disability and reprisal regarding his application for funding under the Second Career program.

The respondent requested a summary hearing to dismiss the application for having no reasonable prospect of success.

The Tribunal found that the reprisal allegation had no reasonable prospect of success as there was no evidence of retaliatory intent in the respondent's requests for information.

However, the Tribunal allowed the allegation regarding the failure to accommodate the applicant's need for surgery to proceed to a full hearing, as credibility issues could not be resolved summarily.

Cameron v. Ontario (Training, Colleges and Universities), 2012 HRTO 1474

Stephen Short

1 case2012–2012

Elizabeth Nurse

David Muir

Union granted intervenor status; requests to add and remove personal respondents denied.

In an interim decision regarding a human rights application alleging sex discrimination and reprisal, the Tribunal addressed several preliminary requests.

The union's unopposed request to intervene was granted.

The applicant's request to add two individual respondents was denied, as the corporate respondent accepted liability and no compelling reason existed to add them.

The respondents' request to remove the individual respondent Kevin Cochrane was also denied, as he was a central figure in the allegations and a remedial order against him was possible.

The Tribunal also modified the parties' disclosure obligations.

Jephson v. Whitby (Town), 2012 HRTO 1472

David Muir

Human rights application dismissed as abandoned after applicant failed to respond following respondent's bankruptcy.

The applicant filed a human rights application against the respondent.

Prior to mediation, the respondent filed for bankruptcy, triggering a stay of proceedings.

The Tribunal directed the applicant to advise within one year whether she had lifted the stay or taken steps to proceed.

The applicant failed to respond to the Tribunal's direction and subsequent inquiries.

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

Ana Pereira v. National Carpet Mills Ltd., 2012 HRTO 1470

David Muir

HRTOHuman Rights Tribunal of OntarioJul 26, 2012

Tribunal directs corporate respondent to file Response within 14 days and orders service on individual respondents.

The applicant filed a human rights application against the Superior Court of Justice and two individual court staff members.

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

The Tribunal issued an interim decision directing the corporate respondent to file a Response within 14 days or face potential consequences under Rule 5.5.

Additionally, due to an administrative error, the individual respondents had not been served; the Tribunal directed that they be served and given 35 days to respond.

Riad v. Superior Court of Justice, 2012 HRTO 1462

David Muir

HRTOHuman Rights Tribunal of OntarioJul 25, 2012

Human rights application dismissed as abandoned after applicant failed to comply with document production directions.

The applicant filed an application alleging discrimination in employment.

After requesting and receiving an adjournment due to the passing of her spouse, the applicant failed to comply with multiple Tribunal directions requiring the production of documents.

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

Connie Watts v. 1581842 Ontario Limited O/A Living Lighting #23, 2012 HRTO 1452

Ellen A. S. Low

2 cases2012–2016

David Muir

Tribunal grants requests to anonymize minor applicants' names and consolidate identical human rights applications.

The applicants, two minors, filed human rights applications alleging they were denied admission to a summer camp because of a disability or perceived disability.

They requested that their names and their next friends' names be anonymized in the Tribunal's decisions to protect their privacy and avoid stigma.

The respondents did not oppose the request.

The Tribunal granted the anonymization request, finding that the protection of the children's highly personal information outweighed the principle of open justice.

The Tribunal also granted requests to consolidate the two identical applications.

A.G. v. Taylor Statten Camp Company Ltd., 2012 HRTO 1449

Donald B. Bayne

8 cases1980–2013

David Muir

Two human rights applications involving the same parties and ongoing factual situation consolidated on consent.

The applicant filed two human rights applications against the same respondents alleging discrimination and reprisal.

The respondents supported consolidation of the files, and the applicant consented.

Applying the factors from Lattey v. Canadian Pacific Railway, the Tribunal found that consolidating the applications was the most fair, just, and expeditious manner of adjudicating the matters.

The applications were ordered consolidated.

Trevors v. Homestead Land Holdings Limited, 2012 HRTO 1447

David Muir

Tribunal dismisses bias claim based on former counsel's membership on Practice Advisory Committee.

The applicant filed an application alleging a breach of settlement by the respondent and subsequently requested to withdraw the application while seeking to set aside the Minutes of Settlement.

The applicant alleged a reasonable apprehension of bias against the adjudicator and the entire Tribunal because her former counsel is a member of the Tribunal's Practice Advisory Committee.

The Tribunal dismissed the bias claim, finding that membership on the Practice Advisory Committee does not create a reasonable apprehension of bias.

The Tribunal also found it had no jurisdiction to appoint a disinterested person under the Public Officers Act and issued directions for the remaining issues.

Elisabeth Mitchinson v. Niagara Child and Youth Services, 2012 HRTO 1446

David Muir

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

The applicant filed an application alleging discrimination in employment based on colour, ethnic origin, and race.

The applicant later sent correspondence indicating a wish to withdraw the application but failed to copy the respondent as directed.

After a subsequent inquiry from the Tribunal was returned to sender, the Tribunal concluded the applicant had abandoned the application and dismissed it.

Yugraj Saini v. P. Pineo Pharmaceuticals Inc., 2012 HRTO 1439

David Muir

Request for reconsideration dismissed as alleged new facts were reiterations of previously considered allegations.

The applicant requested a reconsideration of a previous decision dismissing her human rights application for having no reasonable prospect of success.

She argued there were new facts or evidence regarding her termination and severance entitlements.

The Tribunal found that the alleged new facts were merely reiterations of allegations already considered in the summary hearing.

The request for reconsideration was dismissed.

Dass v. Extendicare Laurier Manor Nursing Home, 2012 HRTO 1431

David Muir

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

The applicant filed a human rights application which was stayed pending the respondent's bankruptcy proceedings.

After the bankruptcy proposal was accepted, the Tribunal directed the applicant to advise whether he intended to seek leave of the court to lift the stay.

The applicant failed to respond to the Tribunal's correspondence.

The Tribunal deemed the application abandoned and dismissed it.

Stutsman v. Propak Limited, 2012 HRTO 1430

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 s. 34 of the Human Rights Code.

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

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

As a result, the Tribunal deemed the application abandoned and dismissed it.

Ralph Hunter v. Mike Dean’s Super Food Stores, 2012 HRTO 1429

David Muir

HRTOHuman Rights Tribunal of OntarioJul 20, 2012

Request for reconsideration dismissed as applicant failed to address the required grounds for reconsideration.

The applicant filed a request for reconsideration of a decision that dismissed his human rights application on the basis of judicial immunity.

The original application alleged that an official of the Ontario Labour Relations Board provided bad faith advice causing him to withdraw his application.

The request for reconsideration was dismissed.

Rousay v. Ontario (Labour), 2012 HRTO 1425

Stephen F. Wilson

2 cases2000–2012

Paul O’Ryan

Practising Law - Employed24 cases2010–2018

David Muir