David Muir

HRTOHuman Rights Tribunal of OntarioDec 2, 2016

Reconsideration granted in part to address a training remedy ordered without notice to the respondent.

The respondent City of Toronto requested a reconsideration of a Tribunal decision finding it liable for discrimination after an employee failed to adequately respond to a racial slur directed at the applicant by another member of the public.

The Tribunal dismissed the request regarding the finding of discrimination, concluding it did not conflict with established jurisprudence.

However, the Tribunal granted the request regarding the training remedy ordered, as the respondent had not been given notice that such a remedy was being contemplated, and directed the parties to provide written submissions on the issue.

Kevin Josephs v. City of Toronto, 2016 HRTO 1547

David Muir

Human rights application dismissed for delay as applicant failed to provide good faith explanation.

The applicant filed a human rights application alleging discrimination in employment more than one year after his dismissal.

The respondent requested that the application be dismissed for delay.

The Tribunal found that the applicant failed to provide a good faith explanation for the delay under section 34(2) of the Human Rights Code, noting that pursuing a grievance does not toll the limitation period and the applicant did not act with due diligence.

The application was dismissed.

John Gonzales v. Bombardier Transportation Canada Inc., 2016 HRTO 1531

Ranjan Agarwal

10 cases2009–2016

David Muir

Human rights application against airport security company dismissed for lack of jurisdiction as aeronautics is federally regulated.

The applicant filed a human rights application alleging discrimination in the provision of goods and services by the respondent, a security company.

The respondent requested the application be dismissed for lack of jurisdiction, arguing its operations at the Greater Toronto Airport Authority fall under federal jurisdiction.

The Tribunal agreed, finding that the provision of security services at the airport is integral to a federal work or undertaking (aeronautics).

The application was dismissed for lack of jurisdiction.

Jaffary v. ASP Incorporated, 2016 HRTO 1528

David Muir

HRTOHuman Rights Tribunal of OntarioNov 28, 2016

Reconsideration request dismissed as applicant's allegations of adjudicative misconduct were unsubstantiated disagreements with factual findings.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application.

He alleged that the presiding adjudicator engaged in misconduct, including deception and fabrication of evidence, and that the hearing was unfair.

The Tribunal dismissed the request, finding that the applicant's complaints amounted to disagreements with factual determinations and that he failed to provide evidence of procedural defects or establish any threshold criteria for reconsideration.

Rodriguez v. Hamilton Cab Company, 2016 HRTO 1499

David Muir

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

The applicant filed an application under the Human Rights Code.

The respondent filed a Response and a Request for Summary Hearing.

The applicant requested and was granted an extension of time to respond, but failed to do so.

After a further direction from the Tribunal went unanswered, the Tribunal found that the applicant had abandoned the application and dismissed it.

Natalia Luzardo v. Women's Habitat, 2016 HRTO 1498

David Muir

Respondents deemed to have accepted allegations and waived participation rights after failing to file a Response.

The applicant filed an Application alleging a contravention of settlement by the respondents under section 45.9(3) of the Human Rights Code.

The respondents failed to file a Response despite being notified by the Tribunal of the consequences of not doing so.

The Tribunal issued an interim decision deeming the respondents to have accepted all allegations in the Application and waived all rights to notice or participation in the proceedings.

A teleconference hearing was scheduled to deal with any further materials and oral submissions from the applicant.

Cynthia Thomas v. Amelin Property Management and Morris Alon, 2016 HRTO 1496

David Muir

Respondent's request for further particulars of human rights application denied.

The respondent in a human rights application alleging employment discrimination filed a Request for Order During Proceeding seeking further particulars of the applicant's allegations.

The applicant did not respond to the request.

The Tribunal denied the request, finding that the application generally identified the who, what, when, and where of each alleged incident and was not lacking in particulars.

Dinelle v. Extendicare Starwood Long Term Care Home, 2016 HRTO 1495

David Muir

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

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

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

The Tribunal deemed the application abandoned and dismissed it.

Reha Verma v. Eden Fashions News Inc., 2016 HRTO 1490

David Muir

HRTOHuman Rights Tribunal of OntarioOct 23, 2016

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

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

The respondent failed to file a Response despite multiple extensions and warnings from the Tribunal.

The respondent claimed the matter had settled, but the applicant did not confirm the settlement.

The Tribunal ordered that the respondent is deemed to have accepted all allegations in the Application and waived all rights to notice or participation in the proceedings.

A case management conference call was scheduled to determine next steps.

Rocha v. Samuel Son Co Limited, 2016 HRTO 1492

David Muir

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

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

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to the Tribunal's correspondence directing her to advise of her intentions regarding the application.

The Tribunal deemed the application abandoned and dismissed it.

Jamie Knight v. The Regional Municipality of Halton, 2016 HRTO 1354

David Muir

Request to remove respondent's representative denied; board membership alone does not create conflict of interest.

The applicant filed a Request for Order During Proceeding seeking to remove the respondent's representative, a lawyer who was formerly the Chair of the respondent's Board and is currently a Board member, alleging a conflict of interest.

The Tribunal denied the request, finding that these facts alone do not create a conflict of interest and the applicant failed to articulate any other basis for the claim.

George Harrod v. London Heritage Council, 2016 HRTO 1352

David Muir

Human rights application dismissed for abandonment after applicant failed to comply with Tribunal directions.

The applicant alleged discrimination with respect to contracts based on disability, place of origin, and race.

The Tribunal issued multiple Case Assessment Directions requiring the applicant to provide particulars of her allegations and explain the relevance of certain evidence.

The applicant failed to comply with these directions and did not respond to the Tribunal's final direction to confirm her intention to proceed.

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

Sandra Darman v. First Service Residential Inc. and Corrine Tinaco, 2016 HRTO 1339

David Muir

Human rights application dismissed as abandoned after applicant failed to file settlement form or respond.

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

The parties reached a settlement at mediation, and the respondent filed a Form 25 confirming the settlement.

The applicant failed to file a signed Form 25 or respond to multiple communications from the Tribunal directing them to do so or confirm their intention to proceed to a hearing.

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

Ribeiro v. KIMCO Steel Sales Limited, 2016 HRTO 1338

David Muir

HRTOHuman Rights Tribunal of OntarioOct 13, 2016

Third request for adjournment of summary hearing denied for lack of exceptional circumstances.

The applicant requested a third adjournment of a scheduled summary hearing, citing a temporary inability to access an email account to retrieve previously filed materials.

The Tribunal denied the request, finding no exceptional circumstances to justify an adjournment, as the applicant had regained access to the materials and had ample time to prepare evidence regarding the issuance of a trespass notice.

Jennifer Adams v. SNC-Lavalin O&M Inc. and Bill Mindenhall, 2016 HRTO 1330

David Muir

HRTOHuman Rights Tribunal of OntarioOct 4, 2016

Adjournment of summary hearing denied despite respondent's late filing of case law.

The applicant requested a three-week adjournment of a scheduled summary hearing, citing the respondent's late filing of two decisions it intended to rely upon.

The Tribunal denied the adjournment request, finding that while the respondent should have filed the decisions earlier, an adjournment was not necessary.

The Tribunal noted that if the applicant required more time to address the late-filed decisions, she could request to file written submissions.

Jennifer Adams v. SNC - Lavalin Operations &Maintenance Inc., 2016 HRTO 1289

Nicole Hall

6 cases2013–2016

David Muir

HRTOHuman Rights Tribunal of OntarioSep 29, 2016

Tribunal declines to dismiss human rights application at summary hearing stage.

The applicant filed a human rights application alleging discrimination based on race and colour after allegedly being denied service by counter staff at a courthouse administered by the respondent City.

The Tribunal directed a summary hearing to determine if the application should be dismissed for having no reasonable prospect of success.

The adjudicator found that, taking the applicant's allegations as capable of proof, it could not be concluded that there was no reasonable prospect of success.

The Tribunal declined to dismiss the application and ordered the respondents to file a Response.

Vincent Sinclair v. Corporation of the City of London and Laurie Walton, 2016 HRTO 1277

David Muir

HRTOHuman Rights Tribunal of OntarioSep 28, 2016

Adjournment request denied; late retention of counsel does not constitute extraordinary circumstances.

The applicant requested an adjournment of the scheduled hearing dates primarily because his newly retained counsel was unavailable.

The Tribunal denied the request, noting that under its Practice Direction, adjournments requested outside the 14-day window are only granted in extraordinary circumstances.

The late retention of counsel and the proposed representative's unavailability for several months did not constitute extraordinary circumstances justifying a delay.

Roland Perreaux v. Microsoft Canada Inc., 2016 HRTO 1270

Request to strike Response denied as applicant suffered no prejudice from standard filing procedure.

The applicant filed an application under the Human Rights Code alleging discrimination and reprisal.

The respondent filed a Response asserting that many allegations were untimely.

The applicant brought a Request for Order During Proceeding to strike the Response, arguing it was not delivered to her as required by a previous interim decision.

The Tribunal denied the request, finding no prejudice to the applicant because the respondent followed the usual procedure for filing a Response.

The Tribunal directed the applicant to address the delay issue and ordered the parties to confirm their interest in mediation.

Nancy Carson v. Children’s Hospital of Eastern Ontario, 2016 HRTO 1255

Erica Richler

In Private Practice266 cases2008–2026

David Muir

HRTOHuman Rights Tribunal of OntarioSep 27, 2016

Interim remedy request denied as the alleged harm of license suspension was entirely speculative.

The applicant filed a human rights application alleging the respondent failed to accommodate her disability-related needs regarding its quality assurance program.

She requested an interim remedy to prevent the respondent from terminating her right to practice naturopathy.

The Tribunal denied the request, finding that the applicant failed to meet the significant onus under Rule 23.2.

The Tribunal noted that the alleged harm was entirely speculative at this stage and that an interim remedy was not necessary to ensure the Tribunal could award an effective remedy if a Code violation were ultimately found.

Melissa Younano v. College of Naturopathy of Ontario, 2016 HRTO 1254

David Muir

HRTOHuman Rights Tribunal of OntarioSep 23, 2016

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) because the application appeared to be outside its jurisdiction.

The applicant failed to provide written submissions in response to the NOID within the required time, despite being granted an extension.

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

Yildiz Ilkin v. CSIS – Department of Jusitice, Attorney General for Canada, 2016 HRTO 1248

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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
Emma PhillipsCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Fred HoUnion representative
1 appearance
Paul O’RyanCounsel
1 appearance
Quadira JacksonCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Insiya EssajeeCounsel
1 appearance
Elizabeth NurseCounsel
1 appearance
Rick LaporteUnion representative
1 appearance
Jerry RasoCounsel
1 appearance

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

Ross GowerCounsel
1 appearance
Elliot SpearsCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

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

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

David C. TurnerCounsel
1 appearance
Paula M. RusakCounsel
1 appearance
Greg BullenCounsel
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
Nancy Jammu-TaylorCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Joseph N. TasconaCounsel
2 appearances
Patricia G. MurrayCounsel
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
1818224 Ontario Limited o/a Country Style DonutSelf-represented
1 appearance
Frank ChengAgent
1 appearance
James BallCounsel
1 appearance
Kristin A. LeyCounsel
1 appearance
Nelda LozinskiSelf-represented
1 appearance
David GourlayCounsel
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

Darrell MarchCounsel
1 appearance
Danette CashmanCounsel
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

Jennifer GuthCounsel
1 appearance
Melanie MalachCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

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

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

/Adjudicator

David Muir — Vice-Chair

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

Vice-Chair·Human Rights Tribunal of Ontario·Since 1999

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 1053Vice-chair· 110Arbitrator· 98Adjudicator· 76Vice-Chair· 43Adjudicator· 13Vice Chair· 5Vice-Chair· 1

David A. Gourlay

37 cases2010–2026

David Muir

HRTOHuman Rights Tribunal of OntarioDec 2, 2016

Reconsideration granted in part to address a training remedy ordered without notice to the respondent.

The Tribunal dismissed the request regarding the finding of discrimination, concluding it did not conflict with established jurisprudence.

Kevin Josephs v. City of Toronto, 2016 HRTO 1547

David Muir

Human rights application dismissed for delay as applicant failed to provide good faith explanation.

The applicant filed a human rights application alleging discrimination in employment more than one year after his dismissal.

The respondent requested that the application be dismissed for delay.

The application was dismissed.

John Gonzales v. Bombardier Transportation Canada Inc., 2016 HRTO 1531

Ranjan Agarwal

10 cases2009–2016

David Muir

Human rights application against airport security company dismissed for lack of jurisdiction as aeronautics is federally regulated.

The applicant filed a human rights application alleging discrimination in the provision of goods and services by the respondent, a security company.

The respondent requested the application be dismissed for lack of jurisdiction, arguing its operations at the Greater Toronto Airport Authority fall under federal jurisdiction.

The Tribunal agreed, finding that the provision of security services at the airport is integral to a federal work or undertaking (aeronautics).

The application was dismissed for lack of jurisdiction.

Jaffary v. ASP Incorporated, 2016 HRTO 1528

David Muir

HRTOHuman Rights Tribunal of OntarioNov 28, 2016

Reconsideration request dismissed as applicant's allegations of adjudicative misconduct were unsubstantiated disagreements with factual findings.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application.

He alleged that the presiding adjudicator engaged in misconduct, including deception and fabrication of evidence, and that the hearing was unfair.

Rodriguez v. Hamilton Cab Company, 2016 HRTO 1499

David Muir

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

The applicant filed an application under the Human Rights Code.

The respondent filed a Response and a Request for Summary Hearing.

The applicant requested and was granted an extension of time to respond, but failed to do so.

After a further direction from the Tribunal went unanswered, the Tribunal found that the applicant had abandoned the application and dismissed it.

Natalia Luzardo v. Women's Habitat, 2016 HRTO 1498

David Muir

Respondents deemed to have accepted allegations and waived participation rights after failing to file a Response.

The applicant filed an Application alleging a contravention of settlement by the respondents under section 45.9(3) of the Human Rights Code.

The respondents failed to file a Response despite being notified by the Tribunal of the consequences of not doing so.

The Tribunal issued an interim decision deeming the respondents to have accepted all allegations in the Application and waived all rights to notice or participation in the proceedings.

A teleconference hearing was scheduled to deal with any further materials and oral submissions from the applicant.

Cynthia Thomas v. Amelin Property Management and Morris Alon, 2016 HRTO 1496

David Muir

Respondent's request for further particulars of human rights application denied.

The respondent in a human rights application alleging employment discrimination filed a Request for Order During Proceeding seeking further particulars of the applicant's allegations.

The applicant did not respond to the request.

The Tribunal denied the request, finding that the application generally identified the who, what, when, and where of each alleged incident and was not lacking in particulars.

Dinelle v. Extendicare Starwood Long Term Care Home, 2016 HRTO 1495

David Muir

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

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

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

The Tribunal deemed the application abandoned and dismissed it.

Reha Verma v. Eden Fashions News Inc., 2016 HRTO 1490

David Muir

HRTOHuman Rights Tribunal of OntarioOct 23, 2016

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

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

The respondent failed to file a Response despite multiple extensions and warnings from the Tribunal.

The respondent claimed the matter had settled, but the applicant did not confirm the settlement.

The Tribunal ordered that the respondent is deemed to have accepted all allegations in the Application and waived all rights to notice or participation in the proceedings.

A case management conference call was scheduled to determine next steps.

Rocha v. Samuel Son Co Limited, 2016 HRTO 1492

David Muir

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

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

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to the Tribunal's correspondence directing her to advise of her intentions regarding the application.

The Tribunal deemed the application abandoned and dismissed it.

Jamie Knight v. The Regional Municipality of Halton, 2016 HRTO 1354

David Muir

Request to remove respondent's representative denied; board membership alone does not create conflict of interest.

The Tribunal denied the request, finding that these facts alone do not create a conflict of interest and the applicant failed to articulate any other basis for the claim.

George Harrod v. London Heritage Council, 2016 HRTO 1352

David Muir

Human rights application dismissed for abandonment after applicant failed to comply with Tribunal directions.

The applicant alleged discrimination with respect to contracts based on disability, place of origin, and race.

The Tribunal issued multiple Case Assessment Directions requiring the applicant to provide particulars of her allegations and explain the relevance of certain evidence.

The applicant failed to comply with these directions and did not respond to the Tribunal's final direction to confirm her intention to proceed.

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

Sandra Darman v. First Service Residential Inc. and Corrine Tinaco, 2016 HRTO 1339

David Muir

Human rights application dismissed as abandoned after applicant failed to file settlement form or respond.

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

The parties reached a settlement at mediation, and the respondent filed a Form 25 confirming the settlement.

The applicant failed to file a signed Form 25 or respond to multiple communications from the Tribunal directing them to do so or confirm their intention to proceed to a hearing.

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

Ribeiro v. KIMCO Steel Sales Limited, 2016 HRTO 1338

David Muir

HRTOHuman Rights Tribunal of OntarioOct 13, 2016

Third request for adjournment of summary hearing denied for lack of exceptional circumstances.

The applicant requested a third adjournment of a scheduled summary hearing, citing a temporary inability to access an email account to retrieve previously filed materials.

Jennifer Adams v. SNC-Lavalin O&M Inc. and Bill Mindenhall, 2016 HRTO 1330

David Muir

HRTOHuman Rights Tribunal of OntarioOct 4, 2016

Adjournment of summary hearing denied despite respondent's late filing of case law.

The applicant requested a three-week adjournment of a scheduled summary hearing, citing the respondent's late filing of two decisions it intended to rely upon.

The Tribunal denied the adjournment request, finding that while the respondent should have filed the decisions earlier, an adjournment was not necessary.

The Tribunal noted that if the applicant required more time to address the late-filed decisions, she could request to file written submissions.

Jennifer Adams v. SNC - Lavalin Operations &Maintenance Inc., 2016 HRTO 1289

Nicole Hall

6 cases2013–2016

David Muir

HRTOHuman Rights Tribunal of OntarioSep 29, 2016

Tribunal declines to dismiss human rights application at summary hearing stage.

The Tribunal directed a summary hearing to determine if the application should be dismissed for having no reasonable prospect of success.

The adjudicator found that, taking the applicant's allegations as capable of proof, it could not be concluded that there was no reasonable prospect of success.

The Tribunal declined to dismiss the application and ordered the respondents to file a Response.

Vincent Sinclair v. Corporation of the City of London and Laurie Walton, 2016 HRTO 1277

David Muir

HRTOHuman Rights Tribunal of OntarioSep 28, 2016

Adjournment request denied; late retention of counsel does not constitute extraordinary circumstances.

The applicant requested an adjournment of the scheduled hearing dates primarily because his newly retained counsel was unavailable.

The Tribunal denied the request, noting that under its Practice Direction, adjournments requested outside the 14-day window are only granted in extraordinary circumstances.

The late retention of counsel and the proposed representative's unavailability for several months did not constitute extraordinary circumstances justifying a delay.

Roland Perreaux v. Microsoft Canada Inc., 2016 HRTO 1270

Raquel Chisholm

In Private Practice16 cases2007–2021

John Yach

In Private Practice6 cases2013–2017

David Muir

HRTOHuman Rights Tribunal of OntarioSep 27, 2016

Request to strike Response denied as applicant suffered no prejudice from standard filing procedure.

The applicant filed an application under the Human Rights Code alleging discrimination and reprisal.

The respondent filed a Response asserting that many allegations were untimely.

The applicant brought a Request for Order During Proceeding to strike the Response, arguing it was not delivered to her as required by a previous interim decision.

The Tribunal denied the request, finding no prejudice to the applicant because the respondent followed the usual procedure for filing a Response.

The Tribunal directed the applicant to address the delay issue and ordered the parties to confirm their interest in mediation.

Nancy Carson v. Children’s Hospital of Eastern Ontario, 2016 HRTO 1255

Erica Richler

In Private Practice266 cases2008–2026

David Muir

HRTOHuman Rights Tribunal of OntarioSep 27, 2016

Interim remedy request denied as the alleged harm of license suspension was entirely speculative.

The applicant filed a human rights application alleging the respondent failed to accommodate her disability-related needs regarding its quality assurance program.

She requested an interim remedy to prevent the respondent from terminating her right to practice naturopathy.

The Tribunal denied the request, finding that the applicant failed to meet the significant onus under Rule 23.2.

Melissa Younano v. College of Naturopathy of Ontario, 2016 HRTO 1254

David Muir