David Muir

HRTOHuman Rights Tribunal of OntarioNov 26, 2010

Application dismissed; no evidence that return of service requirement for international medical graduates constitutes discrimination.

The applicant, an international medical graduate, alleged discrimination on the basis of citizenship because he was required to enter into a Return of Service Agreement to secure funding for his residency program, unlike Canadian medical graduates.

The applicant failed to attend the resumption of his hearing.

The Tribunal dismissed the application, finding no evidence to establish that the distinction based on the location of medical education was a proxy for citizenship, place of origin, or ethnic origin, and alternatively, that the application was abandoned.

Tariq Iqbal v. Ontario (Health and Long-term Care), 2010 HRTO 2351

David Muir

HRTOHuman Rights Tribunal of OntarioNov 23, 2010

Last-minute adjournment request due to work scheduling conflict denied as not constituting extraordinary circumstances.

The applicant requested a last-minute adjournment of a scheduled hearing because he had to cover hospital on-call shifts.

The Tribunal denied the request, finding that the scheduling conflict did not constitute the extraordinary circumstances required by the Practice Direction to grant an adjournment outside the fourteen-day period.

Tariq Iqbal v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care, 2010 HRTO 2325

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to directions regarding bankruptcy stay.

The applicant filed a human rights application against the respondents.

The corporate respondent was subject to a bankruptcy stay under section 69 of the Bankruptcy and Insolvency Act.

The Tribunal repeatedly directed the applicant to advise whether she intended to seek leave to lift the stay.

The applicant failed to comply with these directions over an 18-month period, citing ill health but providing no supporting documentation.

The Tribunal dismissed the application as abandoned.

Madill v. St. Mary’s Paper, 2010 HRTO 2276

David Muir

Tribunal dismisses older allegations as out of time and orders particulars for remaining claims.

The respondent school board brought a request to dismiss certain allegations in the applicants' human rights complaints on the basis that they were out of time under section 34 of the Human Rights Code.

The applicants, who alleged they were removed from their educational assistant positions due to a poisoned work environment, argued the older allegations demonstrated a pattern of discriminatory conduct.

The Tribunal found that while evidence of a poisoned work environment is relevant, the time limits in section 34 still apply.

The Tribunal dismissed some allegations as out of time because they lacked temporal relation to the timely allegations, and ordered the applicants to provide further particulars for the remaining allegations to determine their timeliness.

Sutherland v. District School Board Ontario North East, 2010 HRTO 2270

David Muir

HRTOHuman Rights Tribunal of OntarioNov 15, 2010

Adjournment request denied; late-filed Law Society complaint against opposing counsel does not constitute exceptional circumstances.

The applicant requested a second adjournment of the hearing scheduled for the following day, citing a Law Society complaint against opposing counsel, an intention to seek reconsideration of recent interim decisions, and unresolved conflict of interest allegations against a Vice-chair.

The Tribunal denied the request, finding no exceptional circumstances to justify adjourning a long-scheduled hearing concerning events from several years ago.

The Tribunal noted the late timing of the request and clarified that a Law Society complaint does not automatically warrant an adjournment.

Villella v. Regional Municipality of York Emergency Medical Services Branch, 2010 HRTO 2267

David Muir

HRTOHuman Rights Tribunal of OntarioNov 12, 2010

Request to amend transitional human rights application to add subsequent allegations dismissed despite respondent consent.

The applicant filed a Request for Order During Proceeding to amend his transitional human rights application to include new allegations of discrimination that post-dated his original complaint.

The respondents consented to the request.

The Tribunal dismissed the request, finding that under sections 53(5) and 53(8) of the Human Rights Code, transitional applications must be based on the subject matter of the original complaint filed with the Commission.

The Tribunal held that adding the new allegations was not necessary for the fair, just, and expeditious resolution of the original application, noting the applicant could file a new application under section 34 for the subsequent events.

Raymond Oliphant v. Windsor Police Services Board and Linda Skoyles, 2010 HRTO 2255

David Muir

HRTOHuman Rights Tribunal of OntarioNov 9, 2010

Tribunal declines to defer human rights applications and defers union's request for early dismissal.

The applicant filed human rights applications against her union and employer.

The Tribunal considered whether to defer the applications pending a grievance arbitration, deciding against deferral as the issues did not overlap.

The union respondents requested early dismissal of the application against them under section 45.1 of the Code, arguing the issues were already dealt with in a duty of fair representation complaint at the OLRB.

The Tribunal deferred this request to an oral hearing.

The Tribunal also ruled that new allegations raised by the applicant in a recent letter could not be considered, as transitional applications are limited to the original complaint.

Cunningham v. CUPE 4400, 2010 HRTO 2238

David Muir

HRTOHuman Rights Tribunal of OntarioNov 1, 2010

Adjournment request denied due to late filing and failure to substantiate scheduling conflict.

The applicant requested an adjournment of a scheduled hearing, citing short notice and a scheduling conflict with another legal proceeding.

The Tribunal noted that the hearing date had been set months in advance, despite a typographical error in the initial notice that was subsequently corrected.

The applicant failed to provide details about the alleged scheduling conflict despite being asked to do so.

The Tribunal denied the adjournment request, finding the reasons provided were not compelling and the request was made late.

Villella v. Regional Municipality of York Emergency Medical Services Branch, 2010 HRTO 2183

David Muir

Reconsideration request dismissed; judicial immunity protects adjudicators' conduct regarding accommodation during hearings.

The applicant requested reconsideration of a decision dismissing her human rights application against an adjudicator of the Landlord and Tenant Board.

The original decision found that the adjudicator had accommodated her disability and, in any event, the Tribunal lacked jurisdiction due to judicial immunity.

The Ontario Human Rights Commission intervened to argue that judicial immunity should not apply to an adjudicator's conduct regarding accommodation during a hearing.

The Tribunal dismissed the reconsideration request, finding that the original decision was not in conflict with established jurisprudence and that judicial immunity protects the conduct of a quasi-judicial decision-maker while presiding over a hearing.

Howes v. Ontario (Municipal Affairs), 2010 HRTO 2151

David Muir

Request for reconsideration dismissed as disagreement with factual and legal conclusions is insufficient grounds.

The applicant filed a Request for Reconsideration of a decision dismissing his human rights application.

The applicant submitted that the respondents perjured themselves at the hearing and that he had been defamed.

The Tribunal found that the applicant's disagreement with the factual and legal conclusions of the original decision did not meet the criteria for reconsideration under the Tribunal's Rules of Procedure.

The Request for Reconsideration was dismissed.

Bang v. Kam Long Seafood Company, 2010 HRTO 2150

David Muir

HRTOHuman Rights Tribunal of OntarioOct 8, 2010

Tribunal dismisses older discrimination allegations as untimely but allows recent, related allegations to proceed.

The respondent school board requested an order defining the scope of the applicant's human rights application and dismissing several allegations as untimely.

The applicant alleged workplace discrimination and reprisal, including racial stereotyping by an individual respondent.

The Tribunal found that allegations from 2003 and 2004 were untimely, as there was a significant gap between them and later incidents, breaking any 'series of incidents' under section 34 of the Code.

The Tribunal allowed the timely allegations from March 2006 onwards to proceed, provided they fell within the scope of the original complaint.

Krzewski v. Toronto Catholic District School Board, 2010 HRTO 2064

Tribunal limits scope of transitional human rights application to original complaint and requests submissions on delay.

The respondents filed a Request for Order During Proceedings arguing that the applicant's human rights application was untimely and improperly expanded the scope of the original complaint to include reprisal, disability harassment, and failure to accommodate.

The Tribunal found that the application was filed within the required timeframe relative to the last alleged incident, but directed the parties to provide further submissions on whether the earlier incidents constituted a series or were out of time.

The Tribunal permitted the failure to accommodate and some harassment allegations to proceed, as they were grounded in the original complaint, but excluded the reprisal allegations.

Vincent Puleio v. Moneris Solutions Corporation, Linda Bruce and Patricia Black, 2010 HRTO 2059

David Muir

HRTOHuman Rights Tribunal of OntarioSep 30, 2010

Human rights applications dismissed as abandoned after parties settled but failed to file required forms.

The applicants filed human rights applications which were subsequently settled.

The Tribunal requested the parties file an executed Form TR-10 to confirm the settlement.

After multiple requests and a notice of intent to dismiss, the parties failed to provide the form or written submissions.

The Tribunal dismissed the applications as abandoned.

Ledger v. London Health Sciences Centre, 2010 HRTO 2011

David Muir

Adjournment request denied as work conflict does not constitute an extraordinary circumstance.

The applicant filed a human rights application.

The respondents requested an adjournment of the scheduled hearing date due to an unforeseen work conflict.

The Tribunal denied the request, noting that under its Practice Direction, adjournments after the initial ten-day rescheduling period are only granted in extraordinary circumstances, which a work conflict does not constitute.

Summers v. Ontario Lottery and Gaming Corporation, 2010 HRTO 1987

David Muir

Human rights application alleging racial and ethnic discrimination in employment dismissed for lack of evidence.

The applicant, who is of Korean descent, alleged discrimination in employment on the basis of race, ethnic origin, and disability against his former employer and its principals, who are of Chinese descent.

The applicant claimed he was treated differently regarding the extension of credit to customers and subjected to discriminatory remarks.

The Tribunal found no evidence to support the allegations, concluding that the workplace conflicts stemmed from non-discriminatory business disagreements, particularly the applicant's failure to follow the employer's cash-only policy.

The application was dismissed.

Bang v. Kam Long Seafood, 2010 HRTO 1971

Nancy Jammu-Taylor

15 cases2006–2020

David Muir

HRTOHuman Rights Tribunal of OntarioSep 24, 2010

Preliminary request to dismiss human rights application denied because prior police complaint did not investigate the specific incidents.

The respondents requested that the human rights application be dismissed under section 45.1 of the Code, arguing that the substance of the application had already been dealt with through a police complaint under the Police Services Act.

The Tribunal found that while the police complaint involved similar allegations, the specific incidents underlying the human rights application were not investigated by the police due to a discretionary refusal based on the six-month time limit.

Consequently, the substance of the application was not dealt with in the other proceeding, and the preliminary request to dismiss was rejected.

Raymond Oliphant v. Windsor Police Services Board and Linda Skoyles, 2010 HRTO 1954

David Muir

HRTOHuman Rights Tribunal of OntarioSep 23, 2010

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

The respondents filed a Request for Order During Proceeding seeking early dismissal of the human rights application.

The applicant failed to respond to the request and subsequent Tribunal directions, including a Case Assessment Direction warning that the application would be dismissed if no response was received.

The Tribunal cancelled the scheduled mediation and dismissed the application as abandoned.

Minh Dang v. Cemtol Manufacturing, 2010 HRTO 1937

Joanna Rainbow

16 cases2010–2016

Emma Phillips

In Private Practice21 cases2007–2026

Catherine Peters

18 cases1994–2016

David Muir

HRTOHuman Rights Tribunal of OntarioSep 21, 2010

Human rights application dismissed as an abuse of process due to applicant's vexatious litigation conduct.

The respondents brought a Request for Order During Proceeding seeking the early dismissal of the human rights application on the basis that it was an abuse of process.

The applicant had engaged in extensive, duplicative litigation across multiple forums, including grievances, OLRB applications, and judicial reviews, repeatedly making unfounded allegations of bias and impropriety against decision-makers and opposing counsel.

The Tribunal found that the applicant was a vexatious litigant who was maintaining the proceeding for the ulterior purpose of harassing the respondents and preventing his termination.

The application was dismissed as an abuse of process.

Khaiter v. York University, 2010 HRTO 1901

David Muir

HRTOHuman Rights Tribunal of OntarioSep 2, 2010

Request to consolidate two unconnected human rights applications dismissed to avoid delaying scheduled hearing.

The applicant requested to consolidate his transitional application under section 53(5) of the Human Rights Code with a newly filed application under section 34.

The respondent objected, noting they had not yet been served with the new application.

The Tribunal dismissed the request, finding that consolidation would necessitate cancelling the upcoming hearing date and that the allegations in the two applications were unconnected.

Gawain Coley v. The Regional Municipality of Peel Police Services Board, 2010 HRTO 1809

David Muir

HRTOHuman Rights Tribunal of OntarioSep 1, 2010

Human rights application dismissed due to applicant's inability to locate and serve the respondent.

The applicant filed a human rights application against her former manager and employer.

After the employer was removed as a party, the applicant was required to locate and serve the individual respondent.

Despite being granted multiple extensions over nearly a year, the applicant was unable to provide a valid address or prove that the respondent was evading service.

The Tribunal dismissed the application, finding it could not proceed without notice to the respondent.

Oliverrie v. Ross, 2010 HRTO 1802

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Benjamin RiesCounsel
1 appearance
Nicole SimesCounsel
1 appearance
Michael KatzmanCounsel
1 appearance
Mr. VillellaAgent
1 appearance
W.F.Self-represented
1 appearance
Erich SchultzeAgent
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

Nicole SinghCounsel
1 appearance
Karen SargeantCounsel
1 appearance

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

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

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

Lori PatykCounsel
1 appearance
Jessica FioreCounsel
1 appearance

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

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

Andrew T. GrahamCounsel
2 appearances
William M. SproullCounsel
2 appearances
Kevin GriffithsCounsel
1 appearance
James V. LeoneCounsel
1 appearance

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

Sue LottCounsel
4 appearances
Ryan GoldvineCounsel
3 appearances
Cathy PikeCounsel
2 appearances
Louis SokolovCounsel
2 appearances
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Paul O’RyanCounsel
1 appearance
Alycia ShawCounsel
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
Steve LavenderCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Greg BullenCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Adrien IafrateCounsel
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)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Patricia G. MurrayCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Joseph N. TasconaCounsel
2 appearances
Beverly BanksAgent
1 appearance
Andre NowakowskiCounsel
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
Gavin BrinSelf-represented
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

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

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

Jennifer GuthCounsel
1 appearance
Melanie MalachCounsel
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
Dhirendra SharmaSelf-represented
1 appearance
Narine LoojuneSelf-represented
1 appearance

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

Neal SommerCounsel
1 appearance
Kathryn J. BirdCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

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

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

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

Michael Dunn

Practising Law - Employed7 cases2008–2026

David Muir

HRTOHuman Rights Tribunal of OntarioNov 26, 2010

Application dismissed; no evidence that return of service requirement for international medical graduates constitutes discrimination.

The applicant failed to attend the resumption of his hearing.

Tariq Iqbal v. Ontario (Health and Long-term Care), 2010 HRTO 2351

David Muir

HRTOHuman Rights Tribunal of OntarioNov 23, 2010

Last-minute adjournment request due to work scheduling conflict denied as not constituting extraordinary circumstances.

The applicant requested a last-minute adjournment of a scheduled hearing because he had to cover hospital on-call shifts.

Tariq Iqbal v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care, 2010 HRTO 2325

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to directions regarding bankruptcy stay.

The applicant filed a human rights application against the respondents.

The corporate respondent was subject to a bankruptcy stay under section 69 of the Bankruptcy and Insolvency Act.

The Tribunal repeatedly directed the applicant to advise whether she intended to seek leave to lift the stay.

The applicant failed to comply with these directions over an 18-month period, citing ill health but providing no supporting documentation.

The Tribunal dismissed the application as abandoned.

Madill v. St. Mary’s Paper, 2010 HRTO 2276

David Muir

Tribunal dismisses older allegations as out of time and orders particulars for remaining claims.

The Tribunal found that while evidence of a poisoned work environment is relevant, the time limits in section 34 still apply.

Sutherland v. District School Board Ontario North East, 2010 HRTO 2270

David Muir

HRTOHuman Rights Tribunal of OntarioNov 15, 2010

Adjournment request denied; late-filed Law Society complaint against opposing counsel does not constitute exceptional circumstances.

The Tribunal denied the request, finding no exceptional circumstances to justify adjourning a long-scheduled hearing concerning events from several years ago.

The Tribunal noted the late timing of the request and clarified that a Law Society complaint does not automatically warrant an adjournment.

Villella v. Regional Municipality of York Emergency Medical Services Branch, 2010 HRTO 2267

David Muir

HRTOHuman Rights Tribunal of OntarioNov 12, 2010

Request to amend transitional human rights application to add subsequent allegations dismissed despite respondent consent.

The applicant filed a Request for Order During Proceeding to amend his transitional human rights application to include new allegations of discrimination that post-dated his original complaint.

The respondents consented to the request.

Raymond Oliphant v. Windsor Police Services Board and Linda Skoyles, 2010 HRTO 2255

David Muir

HRTOHuman Rights Tribunal of OntarioNov 9, 2010

Tribunal declines to defer human rights applications and defers union's request for early dismissal.

The applicant filed human rights applications against her union and employer.

The Tribunal considered whether to defer the applications pending a grievance arbitration, deciding against deferral as the issues did not overlap.

The Tribunal deferred this request to an oral hearing.

The Tribunal also ruled that new allegations raised by the applicant in a recent letter could not be considered, as transitional applications are limited to the original complaint.

Cunningham v. CUPE 4400, 2010 HRTO 2238

David Muir

HRTOHuman Rights Tribunal of OntarioNov 1, 2010

Adjournment request denied due to late filing and failure to substantiate scheduling conflict.

The applicant requested an adjournment of a scheduled hearing, citing short notice and a scheduling conflict with another legal proceeding.

The Tribunal noted that the hearing date had been set months in advance, despite a typographical error in the initial notice that was subsequently corrected.

The applicant failed to provide details about the alleged scheduling conflict despite being asked to do so.

The Tribunal denied the adjournment request, finding the reasons provided were not compelling and the request was made late.

Villella v. Regional Municipality of York Emergency Medical Services Branch, 2010 HRTO 2183

David Muir

Reconsideration request dismissed; judicial immunity protects adjudicators' conduct regarding accommodation during hearings.

The applicant requested reconsideration of a decision dismissing her human rights application against an adjudicator of the Landlord and Tenant Board.

The original decision found that the adjudicator had accommodated her disability and, in any event, the Tribunal lacked jurisdiction due to judicial immunity.

The Ontario Human Rights Commission intervened to argue that judicial immunity should not apply to an adjudicator's conduct regarding accommodation during a hearing.

Howes v. Ontario (Municipal Affairs), 2010 HRTO 2151

David Muir

Request for reconsideration dismissed as disagreement with factual and legal conclusions is insufficient grounds.

The applicant filed a Request for Reconsideration of a decision dismissing his human rights application.

The applicant submitted that the respondents perjured themselves at the hearing and that he had been defamed.

The Request for Reconsideration was dismissed.

Bang v. Kam Long Seafood Company, 2010 HRTO 2150

David Muir

HRTOHuman Rights Tribunal of OntarioOct 8, 2010

Tribunal dismisses older discrimination allegations as untimely but allows recent, related allegations to proceed.

The respondent school board requested an order defining the scope of the applicant's human rights application and dismissing several allegations as untimely.

The applicant alleged workplace discrimination and reprisal, including racial stereotyping by an individual respondent.

The Tribunal found that allegations from 2003 and 2004 were untimely, as there was a significant gap between them and later incidents, breaking any 'series of incidents' under section 34 of the Code.

The Tribunal allowed the timely allegations from March 2006 onwards to proceed, provided they fell within the scope of the original complaint.

Krzewski v. Toronto Catholic District School Board, 2010 HRTO 2064

Kimberly T. Morris

6 cases2006–2011

Grace Permaul

11 cases1994–2013

David Muir

HRTOHuman Rights Tribunal of OntarioOct 8, 2010

Tribunal limits scope of transitional human rights application to original complaint and requests submissions on delay.

The Tribunal permitted the failure to accommodate and some harassment allegations to proceed, as they were grounded in the original complaint, but excluded the reprisal allegations.

Vincent Puleio v. Moneris Solutions Corporation, Linda Bruce and Patricia Black, 2010 HRTO 2059

David Muir

HRTOHuman Rights Tribunal of OntarioSep 30, 2010

Human rights applications dismissed as abandoned after parties settled but failed to file required forms.

The applicants filed human rights applications which were subsequently settled.

The Tribunal requested the parties file an executed Form TR-10 to confirm the settlement.

After multiple requests and a notice of intent to dismiss, the parties failed to provide the form or written submissions.

The Tribunal dismissed the applications as abandoned.

Ledger v. London Health Sciences Centre, 2010 HRTO 2011

David Muir

Adjournment request denied as work conflict does not constitute an extraordinary circumstance.

The applicant filed a human rights application.

The respondents requested an adjournment of the scheduled hearing date due to an unforeseen work conflict.

Summers v. Ontario Lottery and Gaming Corporation, 2010 HRTO 1987

David Muir

Human rights application alleging racial and ethnic discrimination in employment dismissed for lack of evidence.

The applicant claimed he was treated differently regarding the extension of credit to customers and subjected to discriminatory remarks.

The application was dismissed.

Bang v. Kam Long Seafood, 2010 HRTO 1971

Nancy Jammu-Taylor

15 cases2006–2020

David Muir

HRTOHuman Rights Tribunal of OntarioSep 24, 2010

Preliminary request to dismiss human rights application denied because prior police complaint did not investigate the specific incidents.

Consequently, the substance of the application was not dealt with in the other proceeding, and the preliminary request to dismiss was rejected.

Raymond Oliphant v. Windsor Police Services Board and Linda Skoyles, 2010 HRTO 1954

David Muir

HRTOHuman Rights Tribunal of OntarioSep 23, 2010

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

The respondents filed a Request for Order During Proceeding seeking early dismissal of the human rights application.

The applicant failed to respond to the request and subsequent Tribunal directions, including a Case Assessment Direction warning that the application would be dismissed if no response was received.

The Tribunal cancelled the scheduled mediation and dismissed the application as abandoned.

Minh Dang v. Cemtol Manufacturing, 2010 HRTO 1937

Joanna Rainbow

16 cases2010–2016

Emma Phillips

In Private Practice21 cases2007–2026

Catherine Peters

18 cases1994–2016

David Muir

HRTOHuman Rights Tribunal of OntarioSep 21, 2010

Human rights application dismissed as an abuse of process due to applicant's vexatious litigation conduct.

The respondents brought a Request for Order During Proceeding seeking the early dismissal of the human rights application on the basis that it was an abuse of process.

The Tribunal found that the applicant was a vexatious litigant who was maintaining the proceeding for the ulterior purpose of harassing the respondents and preventing his termination.

The application was dismissed as an abuse of process.

Khaiter v. York University, 2010 HRTO 1901

David Muir

HRTOHuman Rights Tribunal of OntarioSep 2, 2010

Request to consolidate two unconnected human rights applications dismissed to avoid delaying scheduled hearing.

The applicant requested to consolidate his transitional application under section 53(5) of the Human Rights Code with a newly filed application under section 34.

The respondent objected, noting they had not yet been served with the new application.

The Tribunal dismissed the request, finding that consolidation would necessitate cancelling the upcoming hearing date and that the allegations in the two applications were unconnected.

Gawain Coley v. The Regional Municipality of Peel Police Services Board, 2010 HRTO 1809

David Muir