David Muir

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

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

After the respondents filed a response, the applicant failed to file a reply, failed to provide alternate dates for mediation, and failed to respond to a Tribunal direction warning that her application may be deemed abandoned.

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

Polusny v. Feige Denturist Professional Corporation, 2012 HRTO 1380

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed outside the time limits.

The applicant failed to respond to the Notice.

Consequently, the Tribunal dismissed the application as abandoned.

Carolyn Lynch v. Producto Diemakers Inc., 2012 HRTO 1376

David Muir

In Private Practice3 cases2011–2013

Human rights application deferred pending conclusion of concurrent small claims court proceeding on identical facts.

The applicant filed a human rights application alleging discrimination in employment on the basis of race, colour, and age.

The Tribunal issued a Notice of Intent to Defer because the applicant had also commenced a small claims court action against the respondents based on the identical facts.

Despite the applicant's objections, the Tribunal deferred consideration of the application pending the conclusion of the small claims court proceeding to avoid concurrent proceedings and inconsistent decisions.

Mayers v. Liberty Entertainment Group, 2012 HRTO 1375

Sheri Farahani

David Muir

HRTOHuman Rights Tribunal of OntarioJul 11, 2012

Deferred human rights application re-activated; telephone hearing scheduled to consider section 45.1 dismissal request.

The applicant filed a human rights application alleging discrimination in employment based on disability, which was previously deferred pending the conclusion of a grievance arbitration.

Following the conclusion of the arbitration, the applicant requested to re-activate the application.

The respondent opposed the request and sought early dismissal under section 45.1 of the Human Rights Code, arguing the substance was dealt with in the arbitration.

The Tribunal granted the request to re-activate and directed that a telephone hearing be scheduled to hear oral submissions on the section 45.1 dismissal request, noting that the applicant had not waived her right to make oral submissions.

Dalrymple v. St. Jacques Nursing Home, 2012 HRTO 1367

David Muir

Application dismissed as abandoned after applicant failed to comply with disclosure rules and directions.

The applicant filed an application alleging discrimination with respect to goods and services because of disability and receipt of public assistance.

At the scheduled hearing, the applicant was unprepared and had not met pre-hearing disclosure obligations, leading to an adjournment.

The Tribunal subsequently issued a Case Assessment Direction requiring the applicant to file the required materials within 7 days, failing which the application may be dismissed as abandoned.

The applicant failed to respond or comply.

Consequently, the Tribunal dismissed the application as abandoned.

Gerard O’Boyle v. Peel Condominium Corporation No. 37 and GSA Property Management, 2012 HRTO 1363

David Muir

Human rights application deferred pending conclusion of concurrent small claims court proceeding.

The applicant filed a human rights application alleging discrimination in employment based on colour and place of origin.

The Tribunal issued a Notice of Intent to Defer the application on its own initiative, noting concurrent grievance arbitration and small claims court proceedings involving similar issues.

The applicant did not provide submissions opposing deferral.

The Tribunal deferred the application pending the conclusion of the small claims court proceeding to avoid concurrent proceedings and inconsistent decisions.

Archibald McLachlan v. Woodbine Entertainment Group and Robin Soobramanie, 2012 HRTO 1359

David Muir

Personal respondent given 10 days to file response before Tribunal proceeds without them.

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

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

The Tribunal issued an interim decision directing the personal respondent to file a response within 10 days, failing which the Tribunal may proceed without further notice and deem the respondent to have accepted the allegations.

Wendy Beaumont v. City of Hamilton, Blaine Lucas and Timothy Spence, 2012 HRTO 1358

David Muir

HRTOHuman Rights Tribunal of OntarioJul 9, 2012

Tribunal grants respondent a final 10 days to file a Response to a human rights application.

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

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

The Tribunal issued an Interim Decision warning the respondent of the consequences of failing to participate under Rule 5.5 of the Rules of Procedure.

The respondent was granted a final 10 days to file a Response along with an explanation for the delay, failing which the Tribunal may proceed without further notice.

Hanna-Doyle v. Lakeside Steel Corporation, 2012 HRTO 1354

Sharon L.C. White

David Muir

Human rights application withdrawn with prejudice on consent of both parties.

The applicant filed an application alleging discrimination with respect to employment because of disability and reprisal.

On the request of both parties, the application was withdrawn with prejudice and the Tribunal's file was closed pursuant to section 45.9(2) of the Human Rights Code.

Jewell v. R.C. Spencer Professional Corporation, 2012 HRTO 1350

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss (NOID) 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.

Roberto Sabanal v. Teamsters Canada Rail Conference, Division 660, 2012 HRTO 1348

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 because 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.

Roberto Sabanal v. Bombardier Transportation (Operation & Maintenance of GO Trains), 2012 HRTO 1347

David Muir

HRTOHuman Rights Tribunal of OntarioJul 5, 2012

Requests to expedite hearing and for interim reinstatement dismissed as financial hardship alone is insufficient.

The applicant filed an application alleging discrimination in employment based on creed, specifically regarding his termination after objecting to working on Sundays for religious reasons.

He requested an expedited hearing and an interim remedy of reinstatement, citing financial hardship.

The Tribunal dismissed both requests, finding that financial hardship alone does not justify expediting the process over other cases, nor does it establish that the Tribunal's remedial authority would be compromised without an interim remedy.

Paul Smith v. NTSI, 2012 HRTO 1329

Union granted intervenor status and deferred human rights application re-activated for preliminary hearing.

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

The application was previously deferred pending the outcome of union grievances.

Following the conclusion of the grievance process, both parties requested that the application be re-activated.

The union sought to intervene to protect the collective agreement and the integrity of the grievance process.

The Tribunal granted the union's request to intervene and re-activated the application.

The respondent's request to dismiss the application under section 45.1 of the Human Rights Code or Rule 19.1 was deferred to a preliminary hearing by teleconference.

Cooper v. Toronto (City), 2012 HRTO 1325

Stephen Shaddock

Sebastian Huard

David Muir

Request to remove individual respondents granted on consent where corporate respondent accepted vicarious liability.

The respondents filed a Request for Order During Proceeding seeking the removal of two individual respondents from the human rights application.

The corporate respondent accepted liability for the actions of the individuals, who were acting in their capacity as employees.

The applicant consented to the request.

Applying the factors from Tribunal jurisprudence, the adjudicator found it was not necessary to continue the application against the individuals and granted the request to remove them.

Chaumont v. Roman Catholic Episcopal Corporation of Ottawa, 2012 HRTO 1321

David Muir

Human rights application dismissed for abandonment after applicant failed to provide a complete mailing address.

The applicant filed a human rights application but subsequently failed to provide a complete mailing address.

Correspondence and the respondent's Response to Application sent to the applicant's new address were returned to the Tribunal as incomplete.

After the applicant failed to respond to a direction warning that the application may be deemed abandoned, the Tribunal deemed the application abandoned and dismissed it.

Vail v. Ontario (Community Safety and Correctional Services), 2012 HRTO 1319

David Muir

In Private Practice8 cases2011–2015

Respondents given 10 days to file a response to human rights application before proceeding undefended.

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

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

The Tribunal issued an interim decision warning the respondents that failure to participate could lead to orders against them without their participation, and granted them 10 days to file a response with an explanation for the delay.

Valerie Anderson v. Attawapiskat First Nations Education Authority, 2012 HRTO 1318

Stephanie Hobbs

Karen M. Sargeant

In Private Practice6 cases1997–2012

David Muir

HRTOHuman Rights Tribunal of OntarioJul 3, 2012

Human rights application alleging reprisal and failure to accommodate dismissed at summary hearing for delay and no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination with respect to employment because of disability and reprisal against his former employer and union.

The Tribunal held a summary hearing to determine if the application should be dismissed.

The Tribunal found no reasonable prospect of success for the reprisal allegation, as there was no evidence linking the applicant's dismissal to his prior accommodation requests.

The failure to accommodate allegations were dismissed for delay, as they occurred more than a year before the application was filed and were not part of a series of incidents with the termination.

The application against the union was also dismissed for having no reasonable prospect of success.

Garland v. Canusa-CPS, 2012 HRTO 1309

Natisah chowdhury

David Muir

HRTOHuman Rights Tribunal of OntarioJun 29, 2012

Human rights application regarding special education placement dismissed as issues were already decided by Special Education Tribunal.

The applicant alleged discrimination based on perceived disability regarding his special education placement.

The respondent requested that the application be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the application had already been appropriately dealt with by the Special Education Tribunal (SET).

The Tribunal found that the SET had held a four-day hearing on the exact same issues regarding the applicant's identification and placement, and had issued detailed decisions.

Concluding that the substance of the application was appropriately dealt with in the prior proceeding, the Tribunal dismissed the application.

M.R. v. Halton District School Board, 2012 HRTO 1290

Glorie Alfred

Practising Law - Employed24 cases2010–2014

David Muir

HRTOHuman Rights Tribunal of OntarioJun 27, 2012

Request for document production denied while human rights application deferred pending grievance arbitration.

The applicant filed a Request for Order During Proceedings seeking the production of documents related to a grievance arbitration.

The Application had previously been deferred under section 45 of the Human Rights Code pending the conclusion of that grievance arbitration.

The Tribunal denied the request, finding that the requested material was not arguably relevant to the issues in the Application and that there was no reason to order document production while the Application remained deferred.

Nohemy Cunningham v. Toronto District School Board, 2012 HRTO 1280

Leslie A. Brown

5 cases2012–2019

David Muir

HRTOHuman Rights Tribunal of OntarioJun 25, 2012

Interim remedy to amend settlement terms denied; summary hearing granted to assess prospect of success.

The applicant filed an Application alleging a breach of settlement, seeking an interim remedy to amend the Minutes of Settlement so that settlement funds would be paid directly to her rather than to her former solicitor in trust.

The respondent opposed the request and sought a summary hearing.

The Tribunal dismissed the request for an interim remedy, finding the applicant failed to establish that the Application appeared to have merit or that the remedial objects of the Code would be frustrated by delay.

The Tribunal granted the respondent's request for a summary hearing to determine if the Application has no reasonable prospect of success.

Elisabeth Mitchinson v. Niagara Child and Youth Services (now known as Pathstone Mental Health), 2012 HRTO 1243

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Elisabeth MitchinsonSelf-represented
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Gurjit BrarCounsel
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for Allianz Insurance Company of Canada

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for Allstate Insurance Company of Canada

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Christopher HubbardCounsel
1 appearance
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Doug WallaceCounsel
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for ING-Halifax Insurance Company

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Manfred DietrechAgent
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Dave SteeleCounsel
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1 appearance
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Cecil NormanAgent
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Nohemy CunninghamSelf-represented
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Self-representedSelf-represented
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Self-representedSelf-represented
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for The Corporation of the Town of Penetanguishene

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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
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
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
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)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Patricia G. MurrayCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Karen EnsslenCounsel
1 appearance
Katherine PollockCounsel
1 appearance
Melanie Borowicz-SibenikCounsel
1 appearance
Sheryl L. JohnsonCounsel
1 appearance
Steve WilliamsCounsel
1 appearance
Meredith GaydaCounsel
1 appearance
Paula M. RusakCounsel
1 appearance
Stephen ShortCounsel
1 appearance
Michelle AltonCounsel
1 appearance
Barry J. BrownCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance
Craig R. ColraineCounsel
1 appearance

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

Antonella CeddiaCounsel
1 appearance
Andrea DonevanCounsel
1 appearance

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

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

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

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

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Graham H. SmithAgent
1 appearance
Carla AdamsAgent
1 appearance

Respondent

Neal SommerCounsel
1 appearance
Kathryn J. BirdCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

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

Paula M. Rusak

18 cases1981–2016

David Muir

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

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

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

Polusny v. Feige Denturist Professional Corporation, 2012 HRTO 1380

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed outside the time limits.

The applicant failed to respond to the Notice.

Consequently, the Tribunal dismissed the application as abandoned.

Carolyn Lynch v. Producto Diemakers Inc., 2012 HRTO 1376

David Muir

In Private Practice3 cases2011–2013

Human rights application deferred pending conclusion of concurrent small claims court proceeding on identical facts.

The applicant filed a human rights application alleging discrimination in employment on the basis of race, colour, and age.

The Tribunal issued a Notice of Intent to Defer because the applicant had also commenced a small claims court action against the respondents based on the identical facts.

Mayers v. Liberty Entertainment Group, 2012 HRTO 1375

Sheri Farahani

David Muir

HRTOHuman Rights Tribunal of OntarioJul 11, 2012

Deferred human rights application re-activated; telephone hearing scheduled to consider section 45.1 dismissal request.

The applicant filed a human rights application alleging discrimination in employment based on disability, which was previously deferred pending the conclusion of a grievance arbitration.

Following the conclusion of the arbitration, the applicant requested to re-activate the application.

The respondent opposed the request and sought early dismissal under section 45.1 of the Human Rights Code, arguing the substance was dealt with in the arbitration.

Dalrymple v. St. Jacques Nursing Home, 2012 HRTO 1367

David Muir

Application dismissed as abandoned after applicant failed to comply with disclosure rules and directions.

The applicant filed an application alleging discrimination with respect to goods and services because of disability and receipt of public assistance.

At the scheduled hearing, the applicant was unprepared and had not met pre-hearing disclosure obligations, leading to an adjournment.

The Tribunal subsequently issued a Case Assessment Direction requiring the applicant to file the required materials within 7 days, failing which the application may be dismissed as abandoned.

The applicant failed to respond or comply.

Consequently, the Tribunal dismissed the application as abandoned.

Gerard O’Boyle v. Peel Condominium Corporation No. 37 and GSA Property Management, 2012 HRTO 1363

David Muir

Human rights application deferred pending conclusion of concurrent small claims court proceeding.

The applicant filed a human rights application alleging discrimination in employment based on colour and place of origin.

The Tribunal issued a Notice of Intent to Defer the application on its own initiative, noting concurrent grievance arbitration and small claims court proceedings involving similar issues.

The applicant did not provide submissions opposing deferral.

The Tribunal deferred the application pending the conclusion of the small claims court proceeding to avoid concurrent proceedings and inconsistent decisions.

Archibald McLachlan v. Woodbine Entertainment Group and Robin Soobramanie, 2012 HRTO 1359

David Muir

Personal respondent given 10 days to file response before Tribunal proceeds without them.

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

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

Wendy Beaumont v. City of Hamilton, Blaine Lucas and Timothy Spence, 2012 HRTO 1358

David Muir

HRTOHuman Rights Tribunal of OntarioJul 9, 2012

Tribunal grants respondent a final 10 days to file a Response to a human rights application.

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

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

The Tribunal issued an Interim Decision warning the respondent of the consequences of failing to participate under Rule 5.5 of the Rules of Procedure.

The respondent was granted a final 10 days to file a Response along with an explanation for the delay, failing which the Tribunal may proceed without further notice.

Hanna-Doyle v. Lakeside Steel Corporation, 2012 HRTO 1354

Sharon L.C. White

David Muir

Human rights application withdrawn with prejudice on consent of both parties.

The applicant filed an application alleging discrimination with respect to employment because of disability and reprisal.

On the request of both parties, the application was withdrawn with prejudice and the Tribunal's file was closed pursuant to section 45.9(2) of the Human Rights Code.

Jewell v. R.C. Spencer Professional Corporation, 2012 HRTO 1350

David Muir

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

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

The Tribunal issued a Notice of Intent to Dismiss (NOID) 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.

Roberto Sabanal v. Teamsters Canada Rail Conference, Division 660, 2012 HRTO 1348

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 because 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.

Roberto Sabanal v. Bombardier Transportation (Operation & Maintenance of GO Trains), 2012 HRTO 1347

David Muir

HRTOHuman Rights Tribunal of OntarioJul 5, 2012

Requests to expedite hearing and for interim reinstatement dismissed as financial hardship alone is insufficient.

The applicant filed an application alleging discrimination in employment based on creed, specifically regarding his termination after objecting to working on Sundays for religious reasons.

He requested an expedited hearing and an interim remedy of reinstatement, citing financial hardship.

Paul Smith v. NTSI, 2012 HRTO 1329

Ryan Goldvine

17 cases2011–2012

Kerry Kitchura

2 cases2012–2016

David Muir

Union granted intervenor status and deferred human rights application re-activated for preliminary hearing.

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

The application was previously deferred pending the outcome of union grievances.

Following the conclusion of the grievance process, both parties requested that the application be re-activated.

The union sought to intervene to protect the collective agreement and the integrity of the grievance process.

The Tribunal granted the union's request to intervene and re-activated the application.

The respondent's request to dismiss the application under section 45.1 of the Human Rights Code or Rule 19.1 was deferred to a preliminary hearing by teleconference.

Cooper v. Toronto (City), 2012 HRTO 1325

Stephen Shaddock

Sebastian Huard

David Muir

Request to remove individual respondents granted on consent where corporate respondent accepted vicarious liability.

The respondents filed a Request for Order During Proceeding seeking the removal of two individual respondents from the human rights application.

The corporate respondent accepted liability for the actions of the individuals, who were acting in their capacity as employees.

The applicant consented to the request.

Applying the factors from Tribunal jurisprudence, the adjudicator found it was not necessary to continue the application against the individuals and granted the request to remove them.

Chaumont v. Roman Catholic Episcopal Corporation of Ottawa, 2012 HRTO 1321

David Muir

Human rights application dismissed for abandonment after applicant failed to provide a complete mailing address.

The applicant filed a human rights application but subsequently failed to provide a complete mailing address.

Correspondence and the respondent's Response to Application sent to the applicant's new address were returned to the Tribunal as incomplete.

After the applicant failed to respond to a direction warning that the application may be deemed abandoned, the Tribunal deemed the application abandoned and dismissed it.

Vail v. Ontario (Community Safety and Correctional Services), 2012 HRTO 1319

David Muir

In Private Practice8 cases2011–2015

Respondents given 10 days to file a response to human rights application before proceeding undefended.

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

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

Valerie Anderson v. Attawapiskat First Nations Education Authority, 2012 HRTO 1318

Stephanie Hobbs

Karen M. Sargeant

In Private Practice6 cases1997–2012

David Muir

HRTOHuman Rights Tribunal of OntarioJul 3, 2012

Human rights application alleging reprisal and failure to accommodate dismissed at summary hearing for delay and no reasonable prospect of success.

The applicant filed a human rights application alleging discrimination with respect to employment because of disability and reprisal against his former employer and union.

The Tribunal held a summary hearing to determine if the application should be dismissed.

The Tribunal found no reasonable prospect of success for the reprisal allegation, as there was no evidence linking the applicant's dismissal to his prior accommodation requests.

The failure to accommodate allegations were dismissed for delay, as they occurred more than a year before the application was filed and were not part of a series of incidents with the termination.

The application against the union was also dismissed for having no reasonable prospect of success.

Garland v. Canusa-CPS, 2012 HRTO 1309

Natisah chowdhury

David Muir

HRTOHuman Rights Tribunal of OntarioJun 29, 2012

Human rights application regarding special education placement dismissed as issues were already decided by Special Education Tribunal.

The applicant alleged discrimination based on perceived disability regarding his special education placement.

The Tribunal found that the SET had held a four-day hearing on the exact same issues regarding the applicant's identification and placement, and had issued detailed decisions.

Concluding that the substance of the application was appropriately dealt with in the prior proceeding, the Tribunal dismissed the application.

M.R. v. Halton District School Board, 2012 HRTO 1290

Glorie Alfred

Practising Law - Employed24 cases2010–2014

David Muir

HRTOHuman Rights Tribunal of OntarioJun 27, 2012

Request for document production denied while human rights application deferred pending grievance arbitration.

The applicant filed a Request for Order During Proceedings seeking the production of documents related to a grievance arbitration.

The Application had previously been deferred under section 45 of the Human Rights Code pending the conclusion of that grievance arbitration.

Nohemy Cunningham v. Toronto District School Board, 2012 HRTO 1280

Leslie A. Brown

5 cases2012–2019

David Muir