David Muir

HRTOHuman Rights Tribunal of OntarioJan 28, 2011

Early dismissal request denied as prior WSIB decision was not a final determination.

The respondent employer brought a request for an order during the proceeding to dismiss the human rights application early, arguing that the key factual allegations had been finally determined by the WSIB.

The respondent relied on the doctrines of issue estoppel and section 45.1 of the Human Rights Code.

The Tribunal found that the WSIB claims adjudicator's decision was not a final decision, as an Appeals Resolution Officer had returned the file for further information to make an informed decision.

Consequently, the Tribunal dismissed the request for early dismissal.

Nghiem v. Frendel Kitchens, 2011 HRTO 210

Tribunal orders applicant to produce business records relevant to mitigation of damages.

The respondents in a human rights application filed a Request for Order during Proceeding seeking production of the applicant's business and financial records to assess his efforts to mitigate damages following the termination of his employment.

The applicant resisted, arguing that his business and rental income were separate from his claim for lost employment income and that the businesses were not parties to the proceeding.

The Tribunal granted the request, finding that the documents were arguably relevant to the calculation of damages and mitigation, and ordered the applicant to produce the requested records within 30 days.

Khandaswami v. Noma Cable Tech, 2011 HRTO 206

David Muir

HRTOHuman Rights Tribunal of OntarioJan 27, 2011

Reconsideration request dismissed as the applicant failed to establish proper grounds and merely re-argued the merits.

The applicant filed a request for reconsideration of a Tribunal decision that dismissed his human rights application.

The Tribunal dismissed the request, finding that the applicant failed to address the criteria for reconsideration under Rule 25.5.

Instead, the applicant attempted to re-argue the merits of the case and submitted new material relating to events outside the relevant time period, neither of which constitute proper grounds for reconsideration.

Deopaul Chintaman v. Toronto District School Board, 2011 HRTO 198

David Muir

HRTOHuman Rights Tribunal of OntarioJan 25, 2011

Requests to add WSIB as party and adjourn hearing denied; summonses for premature witnesses stayed.

The applicant in a human rights complaint alleging disability discrimination brought a request to add the WSIB as a party and to adjourn the upcoming hearing.

A proposed witness, Dr. Thomson, also requested to quash a summons served by the applicant.

The Tribunal denied the request to add the WSIB, finding no basis for its inclusion.

The Tribunal stayed the summonses for Dr. Thomson and other witnesses, noting that the hearing was bifurcated and their evidence was not arguably relevant to the first phase.

The request for an adjournment was denied, as the applicant could proceed with her own evidence and the outstanding procedural issues could be addressed at the hearing.

Lemieux v. Guelph General Hospital, 2011 HRTO 183

Steve Williams

1 case2011–2011

David Muir

HRTOHuman Rights Tribunal of OntarioJan 20, 2011

Pregnancy discrimination application dismissed; lay-off and recall to distant location were legitimate business decisions.

The applicant alleged discrimination in employment on the basis of sex (pregnancy), claiming her employer temporarily laid her off and later recalled her to a distant location to force her to quit.

The Tribunal found the lay-off was due to a severe business downturn and that the applicant's pregnancy actually saved her from outright termination.

The Tribunal also found the recall to the Brampton office was a legitimate business decision, not a sham, and that the employer did not fail in its obligations to inform her of alternative opportunities during her leave, as no suitable positions were available.

The application was dismissed.

Kern v. Human Resources Capital Group, 2011 HRTO 144

David Muir

Human rights application dismissed as abandoned after applicant failed to attend hearing or communicate.

The applicant filed a human rights application alleging failure to accommodate her disability.

Following multiple delays and an adjournment request by the applicant, the Tribunal scheduled a teleconference hearing for preliminary issues.

The applicant failed to attend the hearing and subsequently failed to respond to Tribunal directions or pick up delivered materials.

After issuing a final direction warning that the application would be dismissed if she did not communicate her intention to proceed, the Tribunal dismissed the application as abandoned.

Butts v. Children’s Aid Society of the County of Prince Edward, 2011 HRTO 145

David Muir

Request to consolidate human rights applications denied as one application had already been heard.

The applicant filed a Request for Order During Proceeding seeking to consolidate her transition Application under s. 53(5) of the Human Rights Code with her Application under s. 34 of the Code.

The Tribunal rejected the request because the s. 34 Application had already been heard, a decision was pending, and it related to another respondent and different events.

Lemieux v. Guelph General Hospital, 2011 HRTO 139

David Muir

HRTOHuman Rights Tribunal of OntarioJan 17, 2011

Adjournment granted due to extraordinary circumstances to allow applicant to attend a fellow officer's funeral.

The applicant, a police officer, requested an adjournment of the hearing to attend the funeral of a slain fellow officer.

The respondent's counsel was out of the country and unable to provide instructions, but acknowledged the tragic circumstances.

The Tribunal granted the adjournment, finding the request was based on extraordinary circumstances as contemplated by the Practice Direction.

Wallace Crispin Barnes v. Dr. Edward E. Vivoda, 2011 HRTO 118

David Muir

HRTOHuman Rights Tribunal of OntarioJan 13, 2011

Human rights application withdrawn with consent of the respondent and leave of the Tribunal.

The applicant sought to withdraw her human rights application filed under section 53(5) of the Human Rights Code.

The respondent consented to the withdrawal.

The Tribunal granted leave and the application was withdrawn.

Talbot v. Kronitz, Rotsztain, Margles, Cappel LLP, 2011 HRTO 103

David Muir

HRTOHuman Rights Tribunal of OntarioJan 7, 2011

Human rights application dismissed as abandoned after applicant failed to communicate for over two years.

The applicant filed an application under section 53(3) of the Human Rights Code, which was deferred at his request.

After over two years of no communication from the applicant, the Tribunal directed him to advise whether he wished to reactivate the application.

The applicant failed to respond within the 30-day period.

The Tribunal dismissed the application as abandoned.

Bussey v. Boardwalk General Partnership, 2011 HRTO 51

David Muir

Request for reconsideration dismissed as applicant provided no new determinative evidence or other justifying factors.

The applicant sought reconsideration of a previous decision (2010 HRTO 2364) that dismissed his application alleging discrimination in employment.

The applicant argued that a potential witness was not required to give evidence and that he was unable to deliver documents due to a police ban.

The Tribunal found that the applicant provided no new facts or evidence that could be determinative, nor any other factors outweighing the public interest in finality.

The request for reconsideration was dismissed.

Shah Islam v. Geoffrey Ball, Darryl Hogan and Barbara Workum, 2011 HRTO 35

David Muir

Request for reconsideration of interim decision adjourning hearing denied as not contemplated by Tribunal rules.

The respondent requested reconsideration of an interim decision that adjourned the hearing due to unresolved production issues.

The Tribunal denied the request, noting that its Rules of Procedure for Transitional Applications do not contemplate the reconsideration of an interim decision, and that it would be impractical to proceed with the hearing on the originally scheduled date.

The Tribunal also addressed the production issues, noting it would not order production of documents that have already been produced or do not exist, and directed the parties to provide available dates to reschedule the hearing.

Wanigasekera v. Hydro One Brampton Networks, 2011 HRTO 28

David Muir

Request to defer human rights hearing pending College of Physicians and Surgeons complaint denied.

The respondent doctor requested a deferral of the human rights hearing pending the outcome of a reactivated complaint filed by the applicant with the College of Physicians and Surgeons of Ontario.

The Tribunal denied the deferral request, noting that the Tribunal proceeding was at a very advanced stage with a scheduled hearing date and completed pre-hearing obligations, whereas the College proceeding was at a relatively early stage and could be subject to further appeals, causing undue delay.

Wallace Barnes v. Edward Vivoda, 2011 HRTO 27

David Muir

HRTOHuman Rights Tribunal of OntarioDec 23, 2010

Adjournment granted to resolve outstanding production issues prior to the hearing.

The applicant requested an adjournment of the hearing scheduled for January 6, 2011, citing outstanding production issues that were held in abeyance pending a decision on the scope of the application.

The respondent objected to the adjournment.

The Tribunal granted the adjournment, finding that the potential prejudice to the applicant in proceeding without resolving the production issues outweighed any prejudice to the respondent from a short delay.

Amindra Wanigasekera v. Hydro One Brampton Networks Inc., 2010 HRTO 2528

Suzanne M. Porter

12 cases2010–2017

Simon Blackstone

46 cases2004–2026

Ian Werker

18 cases1987–2016

David Muir

HRTOHuman Rights Tribunal of OntarioDec 17, 2010

Reconsideration granted and new hearing ordered due to denial of natural justice from refused adjournment.

The applicant requested reconsideration of a decision dismissing his human rights applications for delay.

He argued he was denied natural justice when the Tribunal proceeded with the initial hearing despite his request for an adjournment due to his representative's sudden illness.

The Tribunal found that the respondents should have been aware the applicant was represented, and the refusal to grant the adjournment prevented the representative from attending.

Concluding there was a denial of natural justice that outweighed the public interest in finality, the Tribunal granted the reconsideration, set aside the previous decision, and ordered a new hearing on the preliminary issues.

Bruce v. Ontario Secondary School Teachers’ Federation, District 9, 2010 HRTO 2509

Kimberly T. Morris

6 cases2006–2011

Grace Permaul

11 cases1994–2013

David Muir

Historical discrimination allegations dismissed as untimely under section 34 of the Human Rights Code.

The respondents filed a Request for Order During Proceedings seeking to dismiss the applicant's human rights application on the basis of delay.

The Tribunal considered whether the applicant's allegations of age and disability discrimination constituted a series of incidents under section 34 of the Human Rights Code.

The Tribunal found that several historical allegations regarding workplace incidents and denied promotions were untimely and could not be entertained as background information.

Those allegations were dismissed.

The applicant was directed to provide further particulars regarding one remaining allegation, while the allegations concerning a failure to accommodate and a discriminatory denial of a job promotion remained part of the application.

Vincent Puleio v. Moneris Solutions Corporation, 2010 HRTO 2416

David Muir

Tribunal removes individual respondents but declines to dismiss remaining workplace harassment allegations early.

The respondents brought Requests for Order During Proceedings seeking early dismissal of the human rights application and the removal of individual respondents.

The Tribunal declined to dismiss the remaining allegations of workplace harassment and sex discrimination, finding it was not plain and obvious that they had been appropriately dealt with in prior grievance proceedings.

However, the Tribunal granted the request to remove the individual respondents, as they were acting within the scope of their employment and the corporate respondent accepted liability for any potential Code infringements.

Colella v. Toronto Catholic District School Board, 2010 HRTO 2409

Craig R. Colraine

3 cases2010–2012

David Muir

Human rights application alleging discrimination and reprisal in employment dismissed for lack of credible evidence.

The applicant, a pharmacist, alleged discrimination on the basis of ancestry, ethnic origin, place of origin, and disability, as well as reprisal by his employer.

He claimed he was denied holiday pay, deprived of workplace resources, subjected to unwarranted performance management, and terminated because he is from Pakistan and due to workplace stress.

The Tribunal dismissed the application, finding the applicant's evidence lacked credibility and there was no evidence to support any of the allegations.

The Tribunal accepted the employer's evidence that the performance issues were legitimate and documented, and that the termination was not discriminatory.

Zaidi Syed v. Khetia Pharmacy Inc. o/a Shoppers Drug Mart and Jay Khetia, 2010 HRTO 2401

David Muir

Human rights application alleging discriminatory termination dismissed for complete lack of supporting evidence.

The applicant filed a human rights application alleging discrimination in employment on the basis of race, colour, creed, place of origin, and sexual orientation.

He claimed his termination was the result of a fabricated sexual harassment complaint orchestrated by the respondents due to jealousy.

The Tribunal found no evidence to support the applicant's theory that his termination or the harassment complaint was influenced by discriminatory factors.

The evidence showed the applicant was terminated for breaching a workplace agreement regarding his interactions with a female coworker.

The allegations of inappropriate comments were also dismissed for lack of credible evidence linking them to the named respondents.

The application was dismissed.

Islam v. Ball, 2010 HRTO 2364

David Muir

HRTOHuman Rights Tribunal of OntarioNov 29, 2010

Pre-2002 human rights allegations struck for delay; post-2002 allegations permitted to proceed as potential series of incidents.

The respondent employer brought a Request for Order During Proceeding to strike portions of the applicant's human rights complaint on the basis that they were out of time and improperly expanded the scope of the original complaint.

The Tribunal struck the pre-2002 allegations and certain unparticularized general allegations, finding it would be unfair to require the respondent to answer them.

However, the Tribunal permitted the post-2002 allegations to proceed, finding they were sufficiently connected to potentially constitute a 'series of incidents' under section 34(1) of the Human Rights Code.

Amindra Wanigasekera v. Hydro One Brampton Networks Inc., 2010 HRTO 2356

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1 appearance
Qiying JinSelf-represented
1 appearance
Benjamin RiesCounsel
1 appearance
Doug McleodCounsel
1 appearance
Mr. VillellaAgent
1 appearance
W.F.Self-represented
1 appearance
Shiping LiSelf-represented
1 appearance

for the Applicant Scott Strang

Eli GedalofCounsel
1 appearance

for The Automobile Insurance Company of Hartford, Connecticut

Julian R.G. ThomasCounsel
1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Karen SargeantCounsel
1 appearance
Nicole SinghCounsel
1 appearance

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

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

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

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
Louis SokolovCounsel
2 appearances
Cathy PikeCounsel
2 appearances
Emma PhillipsCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Alycia ShawCounsel
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

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

for the Respondent(s)

Mark JosslynCounsel
1 appearance
Mireille KhoraychCounsel
1 appearance
Jenifer RichardsCounsel
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
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
Stephen ShortCounsel
1 appearance
Paula M. RusakCounsel
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

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

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Graham H. SmithAgent
1 appearance
Carla AdamsAgent
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

Elisabeth MitchinsonSelf-represented
1 appearance
Al BagherianSelf-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

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

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

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

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

David Muir

HRTOHuman Rights Tribunal of OntarioJan 28, 2011

Early dismissal request denied as prior WSIB decision was not a final determination.

The respondent relied on the doctrines of issue estoppel and section 45.1 of the Human Rights Code.

The Tribunal found that the WSIB claims adjudicator's decision was not a final decision, as an Appeals Resolution Officer had returned the file for further information to make an informed decision.

Consequently, the Tribunal dismissed the request for early dismissal.

Nghiem v. Frendel Kitchens, 2011 HRTO 210

Farah Malik

Practising Law - Employed19 cases2008–2013

Derek L. Rogers

13 cases1980–2012

David Muir

HRTOHuman Rights Tribunal of OntarioJan 28, 2011

Tribunal orders applicant to produce business records relevant to mitigation of damages.

The applicant resisted, arguing that his business and rental income were separate from his claim for lost employment income and that the businesses were not parties to the proceeding.

Khandaswami v. Noma Cable Tech, 2011 HRTO 206

David Muir

HRTOHuman Rights Tribunal of OntarioJan 27, 2011

Reconsideration request dismissed as the applicant failed to establish proper grounds and merely re-argued the merits.

The applicant filed a request for reconsideration of a Tribunal decision that dismissed his human rights application.

The Tribunal dismissed the request, finding that the applicant failed to address the criteria for reconsideration under Rule 25.5.

Deopaul Chintaman v. Toronto District School Board, 2011 HRTO 198

David Muir

HRTOHuman Rights Tribunal of OntarioJan 25, 2011

Requests to add WSIB as party and adjourn hearing denied; summonses for premature witnesses stayed.

The applicant in a human rights complaint alleging disability discrimination brought a request to add the WSIB as a party and to adjourn the upcoming hearing.

A proposed witness, Dr. Thomson, also requested to quash a summons served by the applicant.

The Tribunal denied the request to add the WSIB, finding no basis for its inclusion.

The Tribunal stayed the summonses for Dr. Thomson and other witnesses, noting that the hearing was bifurcated and their evidence was not arguably relevant to the first phase.

The request for an adjournment was denied, as the applicant could proceed with her own evidence and the outstanding procedural issues could be addressed at the hearing.

Lemieux v. Guelph General Hospital, 2011 HRTO 183

Steve Williams

1 case2011–2011

David Muir

HRTOHuman Rights Tribunal of OntarioJan 20, 2011

Pregnancy discrimination application dismissed; lay-off and recall to distant location were legitimate business decisions.

The applicant alleged discrimination in employment on the basis of sex (pregnancy), claiming her employer temporarily laid her off and later recalled her to a distant location to force her to quit.

The Tribunal found the lay-off was due to a severe business downturn and that the applicant's pregnancy actually saved her from outright termination.

The application was dismissed.

Kern v. Human Resources Capital Group, 2011 HRTO 144

David Muir

Human rights application dismissed as abandoned after applicant failed to attend hearing or communicate.

The applicant filed a human rights application alleging failure to accommodate her disability.

Following multiple delays and an adjournment request by the applicant, the Tribunal scheduled a teleconference hearing for preliminary issues.

The applicant failed to attend the hearing and subsequently failed to respond to Tribunal directions or pick up delivered materials.

After issuing a final direction warning that the application would be dismissed if she did not communicate her intention to proceed, the Tribunal dismissed the application as abandoned.

Butts v. Children’s Aid Society of the County of Prince Edward, 2011 HRTO 145

David Muir

Request to consolidate human rights applications denied as one application had already been heard.

The applicant filed a Request for Order During Proceeding seeking to consolidate her transition Application under s. 53(5) of the Human Rights Code with her Application under s. 34 of the Code.

The Tribunal rejected the request because the s. 34 Application had already been heard, a decision was pending, and it related to another respondent and different events.

Lemieux v. Guelph General Hospital, 2011 HRTO 139

David Muir

HRTOHuman Rights Tribunal of OntarioJan 17, 2011

Adjournment granted due to extraordinary circumstances to allow applicant to attend a fellow officer's funeral.

The applicant, a police officer, requested an adjournment of the hearing to attend the funeral of a slain fellow officer.

The respondent's counsel was out of the country and unable to provide instructions, but acknowledged the tragic circumstances.

The Tribunal granted the adjournment, finding the request was based on extraordinary circumstances as contemplated by the Practice Direction.

Wallace Crispin Barnes v. Dr. Edward E. Vivoda, 2011 HRTO 118

David Muir

HRTOHuman Rights Tribunal of OntarioJan 13, 2011

Human rights application withdrawn with consent of the respondent and leave of the Tribunal.

The applicant sought to withdraw her human rights application filed under section 53(5) of the Human Rights Code.

The respondent consented to the withdrawal.

The Tribunal granted leave and the application was withdrawn.

Talbot v. Kronitz, Rotsztain, Margles, Cappel LLP, 2011 HRTO 103

David Muir

HRTOHuman Rights Tribunal of OntarioJan 7, 2011

Human rights application dismissed as abandoned after applicant failed to communicate for over two years.

The applicant filed an application under section 53(3) of the Human Rights Code, which was deferred at his request.

After over two years of no communication from the applicant, the Tribunal directed him to advise whether he wished to reactivate the application.

The applicant failed to respond within the 30-day period.

The Tribunal dismissed the application as abandoned.

Bussey v. Boardwalk General Partnership, 2011 HRTO 51

David Muir

Request for reconsideration dismissed as applicant provided no new determinative evidence or other justifying factors.

The applicant sought reconsideration of a previous decision (2010 HRTO 2364) that dismissed his application alleging discrimination in employment.

The applicant argued that a potential witness was not required to give evidence and that he was unable to deliver documents due to a police ban.

The Tribunal found that the applicant provided no new facts or evidence that could be determinative, nor any other factors outweighing the public interest in finality.

The request for reconsideration was dismissed.

Shah Islam v. Geoffrey Ball, Darryl Hogan and Barbara Workum, 2011 HRTO 35

David Muir

Request for reconsideration of interim decision adjourning hearing denied as not contemplated by Tribunal rules.

The respondent requested reconsideration of an interim decision that adjourned the hearing due to unresolved production issues.

Wanigasekera v. Hydro One Brampton Networks, 2011 HRTO 28

David Muir

Request to defer human rights hearing pending College of Physicians and Surgeons complaint denied.

The respondent doctor requested a deferral of the human rights hearing pending the outcome of a reactivated complaint filed by the applicant with the College of Physicians and Surgeons of Ontario.

Wallace Barnes v. Edward Vivoda, 2011 HRTO 27

David Muir

HRTOHuman Rights Tribunal of OntarioDec 23, 2010

Adjournment granted to resolve outstanding production issues prior to the hearing.

The respondent objected to the adjournment.

Amindra Wanigasekera v. Hydro One Brampton Networks Inc., 2010 HRTO 2528

Suzanne M. Porter

12 cases2010–2017

Simon Blackstone

46 cases2004–2026

Ian Werker

18 cases1987–2016

David Muir

HRTOHuman Rights Tribunal of OntarioDec 17, 2010

Reconsideration granted and new hearing ordered due to denial of natural justice from refused adjournment.

The applicant requested reconsideration of a decision dismissing his human rights applications for delay.

He argued he was denied natural justice when the Tribunal proceeded with the initial hearing despite his request for an adjournment due to his representative's sudden illness.

The Tribunal found that the respondents should have been aware the applicant was represented, and the refusal to grant the adjournment prevented the representative from attending.

Bruce v. Ontario Secondary School Teachers’ Federation, District 9, 2010 HRTO 2509

Kimberly T. Morris

6 cases2006–2011

Grace Permaul

11 cases1994–2013

David Muir

Historical discrimination allegations dismissed as untimely under section 34 of the Human Rights Code.

The respondents filed a Request for Order During Proceedings seeking to dismiss the applicant's human rights application on the basis of delay.

The Tribunal considered whether the applicant's allegations of age and disability discrimination constituted a series of incidents under section 34 of the Human Rights Code.

The Tribunal found that several historical allegations regarding workplace incidents and denied promotions were untimely and could not be entertained as background information.

Those allegations were dismissed.

Vincent Puleio v. Moneris Solutions Corporation, 2010 HRTO 2416

David Muir

Tribunal removes individual respondents but declines to dismiss remaining workplace harassment allegations early.

The respondents brought Requests for Order During Proceedings seeking early dismissal of the human rights application and the removal of individual respondents.

Colella v. Toronto Catholic District School Board, 2010 HRTO 2409

Craig R. Colraine

3 cases2010–2012

David Muir

Human rights application alleging discrimination and reprisal in employment dismissed for lack of credible evidence.

The applicant, a pharmacist, alleged discrimination on the basis of ancestry, ethnic origin, place of origin, and disability, as well as reprisal by his employer.

He claimed he was denied holiday pay, deprived of workplace resources, subjected to unwarranted performance management, and terminated because he is from Pakistan and due to workplace stress.

The Tribunal dismissed the application, finding the applicant's evidence lacked credibility and there was no evidence to support any of the allegations.

The Tribunal accepted the employer's evidence that the performance issues were legitimate and documented, and that the termination was not discriminatory.

Zaidi Syed v. Khetia Pharmacy Inc. o/a Shoppers Drug Mart and Jay Khetia, 2010 HRTO 2401

David Muir

Human rights application alleging discriminatory termination dismissed for complete lack of supporting evidence.

The applicant filed a human rights application alleging discrimination in employment on the basis of race, colour, creed, place of origin, and sexual orientation.

He claimed his termination was the result of a fabricated sexual harassment complaint orchestrated by the respondents due to jealousy.

The Tribunal found no evidence to support the applicant's theory that his termination or the harassment complaint was influenced by discriminatory factors.

The evidence showed the applicant was terminated for breaching a workplace agreement regarding his interactions with a female coworker.

The allegations of inappropriate comments were also dismissed for lack of credible evidence linking them to the named respondents.

The application was dismissed.

Islam v. Ball, 2010 HRTO 2364

David Muir