David Muir

HRTOHuman Rights Tribunal of OntarioSep 1, 2010

Request for Tribunal Ordered Inquiry to secure medical evidence denied as parties must produce their own evidence.

The applicant in a human rights complaint requested a Tribunal Ordered Inquiry to secure medical evidence regarding the causes of her medical condition, her prognosis, and appropriate remedies.

She alleged that she had been unable to obtain this evidence and that the respondents may have interfered.

The Tribunal denied the request, noting that parties are responsible for bringing the evidence necessary to maintain their positions and that a Tribunal Ordered Inquiry is not a substitute for the normal production process.

Lydia Lemieux v. Guelph General Hospital, Audrey Henderson, Annette Harrington and Kaye Snowe, 2010 HRTO 1769

Tribunal dismisses older human rights allegations for delay and seeks submissions on deferring remaining claims.

The respondents requested an order to dismiss the human rights application for delay or to defer it pending the outcome of related union grievances.

The Tribunal found that several of the applicant's older allegations dating back to 1998 and 2005 were out of time under section 34 of the Human Rights Code and dismissed them.

For the remaining timely allegations of workplace harassment and sex discrimination, the Tribunal directed the parties to provide submissions on the status of an ongoing grievance to determine whether the application should be deferred under section 45.1.

Colella v. Toronto Catholic District School Board, 2010 HRTO 1768

Peter J. Thorup

27 cases1981–2014

John R. Evans

15 cases1995–2013

David Muir

HRTOHuman Rights Tribunal of OntarioAug 27, 2010

Employer breached duty to accommodate by terminating employee for cause immediately after receiving medical note.

The applicant, a SCADA Protection and Control Supervisor, was terminated for cause shortly after requesting a four-week medical leave for depression and anxiety.

The employer had previously decided to terminate him without cause due to his resistance to sharing critical system passwords, but accelerated the termination to 'for cause' when he failed to attend work and was unreachable.

The Tribunal found that by proceeding with the termination for cause despite being made aware of a potential medical issue, the employer failed in its procedural and substantive duty to accommodate the applicant's disability.

The liability portion of the application was allowed in part.

Lastella v. Oakville Hydro, 2010 HRTO 1765

David Muir

HRTOHuman Rights Tribunal of OntarioAug 26, 2010

Adjournment request denied where applicant failed to show how alleged non-disclosure in separate proceeding prejudiced hearing.

The applicant requested an adjournment of the scheduled hearing on the basis that the respondents failed to disclose numerous items in a separate academic misconduct proceeding.

The Tribunal dismissed the request, finding that the applicant failed to explain what the materials were, how their non-disclosure impacted his ability to proceed, or how legal remedies in the other proceeding affected this Application.

The Tribunal also issued directions for the filing of witness lists and detailed summaries of expected evidence to ensure an expeditious hearing.

Donevan v. University of Windsor, 2010 HRTO 1762

David Muir

Respondent's request for further production of employment insurance and medical documents denied for lack of relevance.

The respondent filed a Request for Order During Proceeding seeking production of documents related to the applicant's employment insurance claim and medical records regarding in-vitro fertilization treatments.

The applicant provided several documents in response, including T4E slips and a letter from her treating physician.

The Tribunal found that the applicant had complied with the request to the extent the documents were arguably relevant and that further detailed information was not arguably relevant to the proceeding.

The request for further production was denied.

Susan Fortney v. Harper Burnham & Associates Ltd., 2010 HRTO 1749

Stephan Maio

1 case2010–2010

David Muir

Human rights application dismissed under s. 45.1 as substance was dealt with in police complaints process.

The respondents brought a request for early dismissal of the human rights application under section 45.1 of the Code, arguing that the substance of the application had been appropriately dealt with in a complaint process under Part V of the Police Services Act.

The applicant argued that the prior process was not a 'proceeding' because he was unrepresented and did not effectively participate.

The Tribunal rejected this argument, finding that the opportunity to participate fully and be represented is what characterizes a proceeding, and the applicant's failure to participate was his own responsibility.

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

Kampe v. Regional Municipality of York Regional Police Services Board, 2010 HRTO 1741

David Muir

HRTOHuman Rights Tribunal of OntarioAug 23, 2010

Request for production of companion complaint settlement documents denied for lack of arguable relevance.

The respondent union requested an order for the production of documents and notes related to the settlement of a companion human rights complaint between the applicant and his employer.

The applicant opposed the request, citing settlement privilege.

The Tribunal dismissed the request, finding that the settlement documents were not arguably relevant to the issue of potential damages owing by the union, as the union was not a party to the settlement, there was no evident overlap in remedies, and the allegations against the union differed from those against the employer.

Gungor v. Canadian Auto Workers Local 88, 2010 HRTO 1709

David Muir

HRTOHuman Rights Tribunal of OntarioAug 4, 2010

Adjournment request denied; out-of-province work conflict does not constitute exceptional circumstances.

The applicant requested an adjournment of a scheduled hearing because he would be working out of the province on that date.

The respondents did not consent.

The Tribunal denied the request, finding that the applicant's work conflict did not constitute exceptional circumstances as required by the Tribunal's Practice Direction on Scheduling of Hearings and Mediations, Rescheduling Requests, and Requests for Adjournment.

John Blanchette v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Natural Resources, Brian Morrison, Mike Kindree and Charlie Tedesco, 2010 HRTO 1641

David Muir

HRTOHuman Rights Tribunal of OntarioJul 16, 2010

Adjournment request dismissed as witness unavailability due to vacations and work did not constitute extraordinary circumstances.

The respondents requested an adjournment of a hearing scheduled for July 19, 2010, citing witness unavailability due to family obligations, summer vacations, and work commitments.

The applicant did not consent.

The Tribunal dismissed the request, noting that the hearing date was set after consultation with the parties months prior, and the reasons provided did not constitute extraordinary circumstances as required by the Tribunal's Practice Direction.

François Zamor v. 3016776 Canada Inc. o/a CILFO and Bill Kwong, 2010 HRTO 1545

David Muir

Reconsideration request dismissed as applicant merely attempted to re-argue issues already decided.

The applicant requested a reconsideration of a previous decision (2010 HRTO 1271) that dismissed her human rights application against the Oshawa Public Library.

The Tribunal found that the applicant's submissions merely attempted to re-argue the issues dealt with at the hearing and disagreed with the findings of fact, which are not proper bases for reconsideration under Rule 25.5.

The request for reconsideration was dismissed.

Henderson v. Oshawa Public Library, 2010 HRTO 1514

Giulia Ahmadi

3 cases2005–2010

David Muir

Human rights application dismissed as substance was appropriately dealt with in prior federal proceeding.

The applicant filed a human rights application alleging that the respondent insurance carrier discriminated against him on the basis of disability by conspiring with his employer to sabotage his return to work.

The respondent brought a request for early dismissal under section 45.1 of the Human Rights Code, arguing the matter was already dealt with in a federal human rights complaint against the employer.

The Tribunal found that the federal proceeding, which included judicial review, had appropriately dealt with the substance of the application, specifically the proposed accommodation and return to work discussions.

The application was dismissed.

Boldy v. Manufacturers Life Insurance, 2010 HRTO 1512

David Muir

Tribunal declines to apply issue estoppel to bind employer to EI Board of Referees' findings.

The applicant requested reconsideration of an earlier interim decision and argued that the respondents should be bound by the findings of a Board of Referees regarding her entitlement to employment insurance benefits.

The Tribunal dismissed the request for reconsideration as it did not meet the criteria under Rule 25.5.

The Tribunal also declined to apply the doctrine of issue estoppel to bind the respondents to the Board's findings, noting that the Board proceeding was summary in nature and the respondents did not have an opportunity to cross-examine the applicant's physician, whose evidence was central to the Board's determination.

Pilon v. Cornwall (City), 2010 HRTO 1509

David Muir

Tribunal orders Case Resolution Conference to hear submissions on whether arbitration settlement bars human rights application.

The applicant filed a transitional human rights application alleging her union discriminated against her on the basis of age and disability in processing a grievance.

The underlying grievance was settled at arbitration, and the union argued the application should be dismissed as an abuse of process or under section 45.1 of the Code.

The Tribunal directed a Case Resolution Conference to hear oral submissions on this issue.

The Tribunal also denied the applicant's request to add her former employer as a respondent, noting the new allegations related to the arbitration settlement did not form part of the original complaint.

Marlene Teske v. Canadian Union of Public Employees, Local 4685, 2010 HRTO 1405

David Muir

Tribunal removes individual respondents, denies deferral to HSARB, and orders applicant to provide particulars.

The corporate respondent brought requests for orders during the proceeding, including the removal of individual respondents, dismissal or deferral of the application due to the jurisdiction of the Health Services Appeal and Review Board (HSARB), and dismissal based on a recent Divisional Court decision regarding speech and language services.

The Tribunal removed the individual respondents on consent and dismissed the request to defer to the HSARB.

The Tribunal directed the applicant to provide particulars of her allegations and deferred the remaining requests to be heard at the Case Resolution Conference.

K. M. v. North Simcoe Muskoka Community Care Access Centre, 2010 HRTO 1397

Robert Salisbury

10 cases1986–2016

David Muir

HRTOHuman Rights Tribunal of OntarioJun 3, 2010

Section 45.1 dismissal denied where applicant did not consent to prior union grievance settlement.

The respondents requested the early dismissal of a human rights application under section 45.1 of the Code, arguing that the substance of the application had been appropriately dealt with in a prior labour arbitration proceeding.

The arbitration had culminated in a settlement between the union and the employer, but the applicant/grievor had not accepted the settlement.

The Tribunal held that section 45.1 and the doctrine of abuse of process cannot be applied where the substance of the application was settled over the objection of the applicant.

The request for early dismissal was denied.

Lydia Lemieux v. Guelph General Hospital, 2010 HRTO 1267

David Muir

HRTOHuman Rights Tribunal of OntarioJun 2, 2010

Human rights application deferred on consent pending outcome of WSIA appeals.

The applicant filed a transitional application under section 53(5) of the Human Rights Code.

On consent of both parties, the Tribunal ordered the application deferred pending the outcome of the applicant's Workplace Safety and Insurance Act appeals.

The application may be re-activated within 60 days of the conclusion of the WSIA proceedings.

Gui v. Pechiney Plastic Packaging, 2010 HRTO 1245

David Muir

Human rights applications deferred pending resolution of outstanding union grievances.

The applicant filed human rights applications against her employer and union alleging discrimination on the basis of disability.

The respondents requested that the applications be dismissed or deferred pending the outcome of outstanding grievances, that the corporate respondent be corrected, and that the personal respondents be removed.

The Tribunal deferred the applications pending the resolution of the outstanding grievances, substituted Complex Services Inc. for the Ontario Lottery and Gaming Corporation as the corporate respondent, and removed the individual respondents from the employer application.

Bradshaw v. Complex Services, 2010 HRTO 1215

David Muir

Request to consolidate human rights applications dismissed due to different procedural stages and lack of service.

The applicant requested an order to consolidate his section 53(5) application regarding a 2006 incident of alleged police misconduct with a section 34 application regarding a separate incident.

The respondent objected, noting it had not been served with the section 34 application and that the two applications related to discrete events separated by four years.

The Tribunal dismissed the request, finding it would not be fair, just, or expeditious to consolidate the matters given their different stages of proceeding and the impending hearing date for the initial application.

Coley v. Regional Municipality of Peel Police Services Board, 2010 HRTO 1212

David Muir

HRTOHuman Rights Tribunal of OntarioMay 27, 2010

Reconsideration request dismissed; parties cannot use reconsideration to re-argue findings of fact.

The respondents requested a reconsideration of the Tribunal's previous decisions regarding liability and remedy for the termination of the applicant's employment.

The respondents argued there were palpable errors in findings of fact, specifically regarding whether the termination was informed by the applicant's perceived disability, and disputed the calculation of lost wages and business losses.

The Tribunal dismissed the request, holding that reconsideration is not an appeal or an opportunity to re-argue findings of fact.

Stead v. Trehaven Golf & Country Club Inc., 2010 HRTO 1196

David Muir

HRTOHuman Rights Tribunal of OntarioMay 25, 2010

Tribunal removed individual respondents on consent and deferred timeliness and production issues to oral hearing.

The applicant filed an application alleging discrimination in employment on the basis of race, ancestry, place of origin, ethnic origin, colour, and age.

Both parties filed Requests for Order During Proceeding.

On consent, the Tribunal removed the individual respondents from the application and ordered that documents containing references to prior mediations be sealed.

The Tribunal deferred the remaining issues regarding timeliness, the scope of the application, and production of documents to be addressed at the scheduled oral hearing.

Amindra Wanigasekera v. Hydro One Brampton Networks Inc., 2010 HRTO 1166

Applicant

Elisabeth MitchinsonSelf-represented
1 appearance
Li Dong WangSelf-represented
1 appearance
Alexandre PapouchineSelf-represented
1 appearance
Misulki GleesonSelf-represented
1 appearance
Robert MacKenzieSelf-represented
1 appearance
Richard BaniganSelf-represented
1 appearance
Ochea SaundersSelf-represented
1 appearance
Rose LuliwaSelf-represented
1 appearance
Hans FelixSelf-represented
1 appearance
Randy BrideauSelf-represented
1 appearance
Simone FranksonSelf-represented
1 appearance
Valerie BelsitoSelf-represented
1 appearance
Wayne FerronSelf-represented
1 appearance
Maria RotsSelf-represented
1 appearance
Ridha Bin SlamaSelf-represented
1 appearance
Ignacio DrenicSelf-represented
1 appearance
Tarek IbrahimSelf-represented
1 appearance
Steven MayersSelf-represented
1 appearance

Counsel

Doug McLeodCounsel
1 appearance
Emily McKernanCounsel
1 appearance
Cynthia D. KontraCounsel
1 appearance
Andrew CammanCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance
Leslie A. BrownCounsel
1 appearance
Simon BlackstoneCounsel
1 appearance
Jason GreenCounsel
1 appearance
Suzanne M. PorterCounsel
1 appearance
George LeibbrandtCounsel
1 appearance
Paul YoungCounsel
1 appearance
Megan Evans-MaxwellCounsel
1 appearance
Ian WerkerCounsel
1 appearance

Counsel for Law Society of Upper Canada, Sharon Seenath and Bruce Dunsmuir

Delores M. BarbiniCounsel
1 appearance

Counsel for the Intervener Human Rights Legal Support Centre

Bay RyleyCounsel
1 appearance

Counsel for the Intervener Office of the Employer Advisor

Daryl SeupersadCounsel
1 appearance

Counsel for the Intervener Office of the Worker Advisor

Teresa A. GianfeliceCounsel
1 appearance

Counsel for the Intervener Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance

Counsel for the Respondent

Gurjit BrarCounsel
1 appearance

for Allan Rosenfeld

Mira NovellCounsel
1 appearance

for Allianz Insurance Company of Canada

Joan TakahashiCounsel
1 appearance
Andrew T. GrahamCounsel
1 appearance

for Allstate Insurance Company of Canada

Todd J. McCarthyCounsel
3 appearances
William M. SproullCounsel
3 appearances
Richard HorstCounsel
3 appearances
Donald HarveyCounsel
2 appearances
Grant R. DowCounsel
1 appearance
Colin S. JacksonCounsel
1 appearance

for Authentic Concierge & Security Services Inc. o/a Pillar Security Inc. and Gordon Bye

Subrata MajumdarParalegal
1 appearance

for Aviva Canada Inc.

Susan BromleyCounsel
1 appearance
Robert H. RogersCounsel
1 appearance
Julie ParentCounsel
1 appearance
Frank BenedettoCounsel
1 appearance
Jean-Francois LaBergeCounsel
1 appearance

for Bajwa Consultants Incorporated and Mohammad Maqsood Bajwa

Shiraz BajwaAgent
1 appearance

for Balan International, David Rong and Robin Fan

Jean-Alexandre De BousquetCounsel
1 appearance

for Belairdirect Insurance Company Inc., Barry Rosenthal, Carla Smith, Elvira De la Garza, Denise Beckles, Nicole Meaney, Judy Venables and Gloria Chabot, State Farm Insurance Respondents

Gina Saccoccia BrannanCounsel
1 appearance

for Belair Insurance Company Inc.

Richard F.L. RoseCounsel
1 appearance

for Bergel & Edson LLP

L. ClimansCounsel
1 appearance

for Canadian Union of Public Employees and its Local 4967

David SteeleCounsel
1 appearance

for CAW TCA Canada and Artis Snowe

Leon RideoutAgent
1 appearance

for Chrysler Canada

Christoper DunnCounsel
1 appearance

for Citadel General Assurance Company

Claude BlouinCounsel
2 appearances

for Coachman Insurance Company

Cary SchneiderCounsel
1 appearance

for Coast Mental Health

Peter MacTavishCounsel
1 appearance

for Communications, Energy and Paperworkers Union of Canada, Local 74

Jesse KuglerCounsel
1 appearance

for CUPE 4400, Anna Hutchison, Ann Cowan and Yolanda McLean

Christine DaviesCounsel
1 appearance

for Dale and Lessman LLP, Stikeman Elliot LLP and Ralph Steinberg

Adam PentalCounsel
1 appearance

for Dan Benedict Co-op Homes

Brent ForemanCounsel
1 appearance

for Domtar Inc.

Sarah CrossleyCounsel
1 appearance

for Donald Ebbs and Brian Lennox

Paul SternCounsel
1 appearance

for Drake International Inc.

Elizabeth SwanCounsel
1 appearance
Karen BockCounsel
1 appearance

for Dr. Meloff, Respondent

Andrew McCutcheonCounsel
1 appearance

for Dr. Niculina Margulies

Christopher HubbardCounsel
1 appearance
James MiglinCounsel
1 appearance

for Duka Property Management Inc.

Andrew HylandCounsel
1 appearance

for Echelon General Insurance Company

Jamie PollackCounsel
1 appearance

for Economical Mutual Insurance Company

Albert M. ConforziCounsel
1 appearance

for Erica Gallo

Kirsten DarelParalegal
1 appearance

for Expertech

Susan CrawfordCounsel
1 appearance

for Global Payments of Canada GP and Persila Vachon

Jason BehoeCounsel
1 appearance
Karoline ChanCounsel
1 appearance

for Guarantee Company of North America

Adrian WillsherCounsel
1 appearance

for HealthCare of Ontario Pension Plan

Catherine PollackCounsel
1 appearance
Marc RodrigueCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General, Michael Bryant and Kenneth Campbell

Christopher ThompsonCounsel
1 appearance

for herself

Leslie StaddonSelf-represented
1 appearance
Ellen BowieSelf-represented
1 appearance
Eloise RobillardSelf-represented
1 appearance

for himself

Alexandros KakanisSelf-represented
1 appearance
Alexios ParaskevopoulosSelf-represented
1 appearance
Sean RobillardSelf-represented
1 appearance
Zafar SultanSelf-represented
1 appearance

for Homewood Health Centre and Edgardo Perez

Charlotte BurkhardtAgent
1 appearance

for ING Halifax Insurance Company

Doug WallaceCounsel
1 appearance

for ING-Halifax Insurance Company

Chris BlomCounsel
1 appearance

for ING Insurance Company of Canada

Thomas PercivalCounsel
1 appearance
Talaal BondCounsel
1 appearance
Marla CoxCounsel
1 appearance

for Intersteam Technologies Inc., and Manfred Dietrich

Manfred DietrechAgent
1 appearance

for James Soutar

James SoutarSelf-represented
1 appearance

for Kingsway General Insurance Company

Kerri KnudsonCounsel
1 appearance
Catherine KorteCounsel
1 appearance

for Lakeridge Health

Jessica KearseyCounsel
1 appearance

for Legal Aid Ontario

Andrea DanonCounsel
1 appearance

for Liberty Mutual Insurance Company

Deborah G. NeilsonCounsel
2 appearances
Wayne EdwardsCounsel
1 appearance
Michael J. HuclackCounsel
1 appearance
Dwaine BurnsCounsel
1 appearance
George O. FrankCounsel
1 appearance
Michael J. HucklackCounsel
1 appearance

for Lombard General Insurance Company of Canada

Harry BrownCounsel
1 appearance

for Mazin & Rooz, Barristers and Solicitors

Nureen ShariffCounsel
1 appearance

for Mazin Rooz Mazin

Meenaz JafferCounsel
3 appearances

for Mevotech LP, Toby Gennings and Sendor Szell

Paul MacchioneCounsel
1 appearance

for Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance
Harold SterlingCounsel
1 appearance

for Mr. Asamane

Murray TkatchCounsel
1 appearance

for Mr. Balanki

Alexander MazinCounsel
1 appearance

for Mr. Basdeo

Patrick DaSilvaCounsel
1 appearance
Patrick DaSilvaParalegal
1 appearance

for Mr. Bouchahma

Adam EzerCounsel
1 appearance

for Mr. Brown

Brian ShermanCounsel
1 appearance

for Mr. Buccellato

Patrick DiMonteCounsel
2 appearances

for Mr. Cordeiro

Andrew DavidsonCounsel
1 appearance

for Mr. Do

Al PaceCounsel
1 appearance

for Mr. Ewers

Amanda HeerschopCounsel
1 appearance

for Mr. Foster

Brian ShermanCounsel
1 appearance

for Mr. Grunberg

Christopher D. FinlayCounsel
1 appearance

for Mr. Guglielmo

Barry MunroCounsel
1 appearance

for Mr. Hill

Shelley MartinCounsel
1 appearance

for Mr. Ho

David PhamCounsel
1 appearance

for Mr. Jagdharry

P. Michael RotondoCounsel
1 appearance

for Mr. Karnathasan

Samiya AhmedAgent
1 appearance

for Mr. Khemraj and Ms. Khemraj

Mark DeWittAgent
1 appearance

for Mr. Kovach

Charlia D. von BuchwaldCounsel
1 appearance

for Mr. Little

Karen FrishetteCounsel
1 appearance

for Mr. MacKenzie

Kevin WolfCounsel
2 appearances

for Mr. Mathur

Idan ErezCounsel
1 appearance
Vikram KapurCounsel
1 appearance

for Mr. Mazumder

Tania AstorinoCounsel
1 appearance
Donna BruceCounsel
1 appearance

for Mr. McMichael

Alan L. RachlinCounsel
1 appearance

for Mr. Pankratov

Debra LewisCounsel
1 appearance

for Mr. Robinson

Scott M. MerrifieldCounsel
1 appearance

for Mrs. Antony

David S. WilsonCounsel
1 appearance

for Mrs. Asmand

David F. LongleyCounsel
1 appearance

for Mrs. Distefano

David F. LongleyCounsel
1 appearance

for Mrs. Fimiani

Richard M. BogorochCounsel
1 appearance
Linda WolanskiCounsel
1 appearance

for Mrs. Garcia

Kevin DoanCounsel
1 appearance

for Mr. Sidhu and Mr. Braithwaite

Muthu AnnamalaiAgent
1 appearance

for Mr. Singh

Satwant MerwarAgent
1 appearance

for Mrs. Joshi

Helen FotinosCounsel
1 appearance

for Mrs. Kennedy

David S. WilsonCounsel
1 appearance

for Mr. Smith

Tammy RingCounsel
2 appearances

for Mrs. Patterson

Allan S. BlottCounsel
1 appearance

for Mrs. Scott

Alden M. DychtenbergCounsel
1 appearance
Pamela BlaikieCounsel
1 appearance

for Mrs. Sivaloganathan

David S. WilsonCounsel
2 appearances

for Mr. Steinhoff

David F. MacDonaldCounsel
1 appearance
Michael BennettCounsel
1 appearance

for Mr. Stelzer

Kelly SiegnerCounsel
1 appearance

for Mr. Sutherland

Ian S. WrightCounsel
1 appearance

for Mr. Taylor

P. Michael RotondoCounsel
1 appearance

for Mr. Tendenilla

Arvin GuptaCounsel
2 appearances
Armin GuptaCounsel
1 appearance

for Mr. Wilkerson

Richard LevinCounsel
1 appearance

for Mr. Yogarajah

Donata Di IorioCounsel
2 appearances

for Ms. Alladina

Janet S. YoungCounsel
1 appearance

for Ms. Brooks

Linda WolanskiCounsel
1 appearance

for Ms. Damude

J. Ivan MariniCounsel
1 appearance

for Ms. Hargraves

David PayneCounsel
1 appearance

for Ms. Keyes

David F. MacDonaldCounsel
1 appearance

for Ms. Khong

David H. PhamCounsel
1 appearance

For Ms. Lok

Sue ChenAgent
1 appearance

for Ms. McCabe

Stan SteinmanCounsel
1 appearance

for Ms. McDougall

Salvatore ShawCounsel
1 appearance

for Ms. Morabito

Brian A. BanfieldCounsel
1 appearance

for Ms. Nandkumar

Jeffrey Wm. StrypeCounsel
1 appearance

for Ms. Navage

David S. WilsonCounsel
2 appearances

for Ms. Owusu

Murray TkatchCounsel
1 appearance

for Ms. Owusu and Ms. Sarpong

Murray TkatchCounsel
1 appearance

for Ms. Patterson

Esan InceCounsel
1 appearance

for Ms. Paunova

Christopher D. FinlayCounsel
1 appearance

for Ms. Sarpong

Murray TkatchCounsel
1 appearance

for Ms. Sidhu

Tripta ChandlerCounsel
1 appearance

for Ms Vasina

Henry GoldentulerCounsel
1 appearance

for Ms. Zeris

Jeffrey RaphaelCounsel
1 appearance

for Neighbourhood Legal Services

Jack de KlerkCounsel
1 appearance

for Non-Marine Underwriters, Mbrs. of Lloyd's

Rita BambersCounsel
1 appearance

for Nordic Insurance Company of Canada

David DinnerCounsel
1 appearance

for Ontario Municipal Insurance Exchange

Bryan D. RumbleCounsel
2 appearances

for Ontario Public Service Employees Union

Nini JonesCounsel
1 appearance

for Organizational Solutions Inc.

Carla ZabekCounsel
1 appearance

for Pat Caricato

Gavin ClingbineAgent
1 appearance

for Pauline Lysak, Satu Repo-Hendsbee and Wilson Li

John JudsonCounsel
1 appearance
Yola VentrescaCounsel
1 appearance

for Pembridge Insurance Company

Richard HorstCounsel
2 appearances

for People's Trust Company

Christina WallisCounsel
1 appearance

for Personal Insurance Company of Canada

Todd J. McCarthyCounsel
1 appearance

for Pet Valu Canada Inc.

Christine Martin BevilacquaAgent
1 appearance

for Pilot Insurance Company

Robert BarrettCounsel
2 appearances

for Progressive Casualty Insurance Co. of Canada

Pamela A. BrownleeCounsel
2 appearances

for Rakesh Majithia CA Professional Corporation and Rakesh Majithia

Salma ShaikhCounsel
1 appearance

for RBC General Insurance Company

John D. DeanCounsel
2 appearances
Neil Colville-ReevesCounsel
1 appearance
Darrell MarchCounsel
1 appearance
Alexander CurryCounsel
1 appearance
James LeoneCounsel
1 appearance
Cary SchneiderCounsel
1 appearance

for Resolve Recruit Inc.

Neal OrnsteinCounsel
1 appearance

for Revera Long Term Care, Revera Baywoods Place, and Revera Inc.

Erin PorterAgent
1 appearance

for Riverfront medical Services, Respondent

Keith EdwardsCounsel
1 appearance
Golbon MehrabkhaniCounsel
1 appearance

for Rooms Accessories and Furniture Inc.

Gurinder WaliaAgent
1 appearance

for Roxboro Business Services and Raj Hemraj

Orie H. NeidzvieckiAgent
1 appearance

for Royal & SunAlliance Insurance Company of Canada

Nathalie RosenthallCounsel
2 appearances
Janet C. StevensCounsel
1 appearance
Scott SmithCounsel
1 appearance
G. BogoCounsel
1 appearance

for Rygiel Supports for Community Living

Chris BaroneAgent
1 appearance

for Sault College

Nadina S. ZacksCounsel
1 appearance

for Security National Insurance Co./Monnex Insurance Mgmt. Inc.

Cameron StarkCounsel
2 appearances
Theodore P. CharneyCounsel
1 appearance

for Sound Times

Natasha PersaudCounsel
1 appearance

for State Farm Mutual Automobile Insurance Company

Todd J. McCarthyCounsel
4 appearances
George MekarisCounsel
1 appearance
Darrell MarchCounsel
1 appearance
Alexander CurryCounsel
1 appearance
Ian D. KirbyCounsel
1 appearance

for St. Louis Bar and Grill Cityplace and Julia Anderson

Carla V. NassarCounsel
1 appearance

for St. Michael’s Hospital

Michael ConradiCounsel
1 appearance

for Sun Life

Valeri S. GreifenbergerCounsel
1 appearance

for Sunshine Landscaping and himself

Valdir PradoSelf-represented
1 appearance

for TD General Insurance Company

Andrew GraysonCounsel
1 appearance

for TD Home and Auto Insurance Company

Andrew GraysonCounsel
3 appearances

for Teamsters of Canada Local 419

Mireille GirouxCounsel
1 appearance

for the Affected Party

Jorge HurtadoCounsel
2 appearances
Howard GoldblattCounsel
1 appearance
Patrick GroomCounsel
1 appearance
Fil FalboUnion representative
1 appearance
Nicole ButtCounsel
1 appearance
Dave SteeleCounsel
1 appearance
Dave SteeleUnion representative
1 appearance
Rebecca LeeCounsel
1 appearance

for the applicant

Nancy GrangerCounsel
1 appearance
Alana FenwickSelf-represented
1 appearance

for the Applicant

Wayne FerronSelf-represented
7 appearances
Cecil NormanAgent
6 appearances
Peggy HarrypersadSelf-represented
5 appearances
Sandra McArthur-CalhounSelf-represented
4 appearances
Nohemy CunninghamSelf-represented
4 appearances
Self-representedSelf-represented
4 appearances
Alexandre PapouchineSelf-represented
3 appearances
Andrew L. LukachkoSelf-represented
3 appearances
Robert CameronSelf-represented
3 appearances
Giuseppe MassaSelf-represented
3 appearances
Clive RoySelf-represented
3 appearances
John R. EvansCounsel
3 appearances
Chris SurowiakAgent
3 appearances
Grace PermaulCounsel
3 appearances
Brenda CulbertCounsel
3 appearances
John NahirnySelf-represented
3 appearances
Ernest J. GuisteCounsel
2 appearances
Debra SelkirkAgent
2 appearances
Grant DobsonSelf-represented
2 appearances
Veena DassSelf-represented
2 appearances

for the Applicant Mike Khoury

Yu-Sung SohCounsel
1 appearance

for the Applicants

Self-representedSelf-represented
2 appearances
Doug McleodCounsel
1 appearance
Benjamin RiesCounsel
1 appearance
Qiying JinSelf-represented
1 appearance
Shiping LiSelf-represented
1 appearance
Mr. VillellaAgent
1 appearance
W.F.Self-represented
1 appearance
Michael KatzmanCounsel
1 appearance
Nicole SimesCounsel
1 appearance
Dianne RobinsonAgent
1 appearance
Nathan KorenbergParalegal
1 appearance
Erich SchultzeAgent
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

Jessica FioreCounsel
1 appearance
Lori PatykCounsel
1 appearance

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

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

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

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

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

Sandra JohnsonSelf-represented
1 appearance
Jeff BrooksSelf-represented
1 appearance
Jon CannSelf-represented
1 appearance
Stephen RobinsonSelf-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
David PatacairkCounsel
4 appearances
Melanie HerbinCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Sari SpringerCounsel
2 appearances
Greg BullenCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Jeanine WattCounsel
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
Paula M. RusakCounsel
1 appearance
David C. TurnerCounsel
1 appearance

for the Respondent(s)

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

for the Respondents

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

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
Donald G. CormackCounsel
1 appearance
Darrell MarchCounsel
1 appearance

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

Melanie MalachCounsel
1 appearance
Jennifer GuthCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

Albert BayletSelf-represented
1 appearance
Narine LoojuneSelf-represented
1 appearance
Santo BarbieriSelf-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
Cathy CharpentierSelf-represented
1 appearance
Elisabeth MitchinsonSelf-represented
1 appearance

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

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

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

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

David Muir

HRTOHuman Rights Tribunal of OntarioSep 1, 2010

Request for Tribunal Ordered Inquiry to secure medical evidence denied as parties must produce their own evidence.

The applicant in a human rights complaint requested a Tribunal Ordered Inquiry to secure medical evidence regarding the causes of her medical condition, her prognosis, and appropriate remedies.

She alleged that she had been unable to obtain this evidence and that the respondents may have interfered.

Lydia Lemieux v. Guelph General Hospital, Audrey Henderson, Annette Harrington and Kaye Snowe, 2010 HRTO 1769

Quadira Jackson

1 case2010–2010

John Woon

Not Practising Law7 cases1984–2011

David Muir

HRTOHuman Rights Tribunal of OntarioAug 27, 2010

Tribunal dismisses older human rights allegations for delay and seeks submissions on deferring remaining claims.

The respondents requested an order to dismiss the human rights application for delay or to defer it pending the outcome of related union grievances.

The Tribunal found that several of the applicant's older allegations dating back to 1998 and 2005 were out of time under section 34 of the Human Rights Code and dismissed them.

Colella v. Toronto Catholic District School Board, 2010 HRTO 1768

Peter J. Thorup

27 cases1981–2014

John R. Evans

15 cases1995–2013

David Muir

HRTOHuman Rights Tribunal of OntarioAug 27, 2010

Employer breached duty to accommodate by terminating employee for cause immediately after receiving medical note.

The applicant, a SCADA Protection and Control Supervisor, was terminated for cause shortly after requesting a four-week medical leave for depression and anxiety.

The liability portion of the application was allowed in part.

Lastella v. Oakville Hydro, 2010 HRTO 1765

David Muir

HRTOHuman Rights Tribunal of OntarioAug 26, 2010

Adjournment request denied where applicant failed to show how alleged non-disclosure in separate proceeding prejudiced hearing.

The applicant requested an adjournment of the scheduled hearing on the basis that the respondents failed to disclose numerous items in a separate academic misconduct proceeding.

The Tribunal also issued directions for the filing of witness lists and detailed summaries of expected evidence to ensure an expeditious hearing.

Donevan v. University of Windsor, 2010 HRTO 1762

David Muir

Respondent's request for further production of employment insurance and medical documents denied for lack of relevance.

The applicant provided several documents in response, including T4E slips and a letter from her treating physician.

The request for further production was denied.

Susan Fortney v. Harper Burnham & Associates Ltd., 2010 HRTO 1749

Stephan Maio

1 case2010–2010

David Muir

Human rights application dismissed under s. 45.1 as substance was dealt with in police complaints process.

The applicant argued that the prior process was not a 'proceeding' because he was unrepresented and did not effectively participate.

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

Kampe v. Regional Municipality of York Regional Police Services Board, 2010 HRTO 1741

David Muir

HRTOHuman Rights Tribunal of OntarioAug 23, 2010

Request for production of companion complaint settlement documents denied for lack of arguable relevance.

The respondent union requested an order for the production of documents and notes related to the settlement of a companion human rights complaint between the applicant and his employer.

The applicant opposed the request, citing settlement privilege.

Gungor v. Canadian Auto Workers Local 88, 2010 HRTO 1709

David Muir

HRTOHuman Rights Tribunal of OntarioAug 4, 2010

Adjournment request denied; out-of-province work conflict does not constitute exceptional circumstances.

The applicant requested an adjournment of a scheduled hearing because he would be working out of the province on that date.

The respondents did not consent.

John Blanchette v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Natural Resources, Brian Morrison, Mike Kindree and Charlie Tedesco, 2010 HRTO 1641

David Muir

HRTOHuman Rights Tribunal of OntarioJul 16, 2010

Adjournment request dismissed as witness unavailability due to vacations and work did not constitute extraordinary circumstances.

The respondents requested an adjournment of a hearing scheduled for July 19, 2010, citing witness unavailability due to family obligations, summer vacations, and work commitments.

The applicant did not consent.

François Zamor v. 3016776 Canada Inc. o/a CILFO and Bill Kwong, 2010 HRTO 1545

David Muir

Reconsideration request dismissed as applicant merely attempted to re-argue issues already decided.

The applicant requested a reconsideration of a previous decision (2010 HRTO 1271) that dismissed her human rights application against the Oshawa Public Library.

The request for reconsideration was dismissed.

Henderson v. Oshawa Public Library, 2010 HRTO 1514

Giulia Ahmadi

3 cases2005–2010

David Muir

Human rights application dismissed as substance was appropriately dealt with in prior federal proceeding.

The respondent brought a request for early dismissal under section 45.1 of the Human Rights Code, arguing the matter was already dealt with in a federal human rights complaint against the employer.

The application was dismissed.

Boldy v. Manufacturers Life Insurance, 2010 HRTO 1512

David Muir

Tribunal declines to apply issue estoppel to bind employer to EI Board of Referees' findings.

The Tribunal dismissed the request for reconsideration as it did not meet the criteria under Rule 25.5.

Pilon v. Cornwall (City), 2010 HRTO 1509

David Muir

Tribunal orders Case Resolution Conference to hear submissions on whether arbitration settlement bars human rights application.

The applicant filed a transitional human rights application alleging her union discriminated against her on the basis of age and disability in processing a grievance.

The underlying grievance was settled at arbitration, and the union argued the application should be dismissed as an abuse of process or under section 45.1 of the Code.

The Tribunal directed a Case Resolution Conference to hear oral submissions on this issue.

Marlene Teske v. Canadian Union of Public Employees, Local 4685, 2010 HRTO 1405

David Muir

Tribunal removes individual respondents, denies deferral to HSARB, and orders applicant to provide particulars.

The Tribunal removed the individual respondents on consent and dismissed the request to defer to the HSARB.

The Tribunal directed the applicant to provide particulars of her allegations and deferred the remaining requests to be heard at the Case Resolution Conference.

K. M. v. North Simcoe Muskoka Community Care Access Centre, 2010 HRTO 1397

Robert Salisbury

10 cases1986–2016

David Muir

HRTOHuman Rights Tribunal of OntarioJun 3, 2010

Section 45.1 dismissal denied where applicant did not consent to prior union grievance settlement.

The arbitration had culminated in a settlement between the union and the employer, but the applicant/grievor had not accepted the settlement.

The Tribunal held that section 45.1 and the doctrine of abuse of process cannot be applied where the substance of the application was settled over the objection of the applicant.

The request for early dismissal was denied.

Lydia Lemieux v. Guelph General Hospital, 2010 HRTO 1267

David Muir

HRTOHuman Rights Tribunal of OntarioJun 2, 2010

Human rights application deferred on consent pending outcome of WSIA appeals.

The applicant filed a transitional application under section 53(5) of the Human Rights Code.

On consent of both parties, the Tribunal ordered the application deferred pending the outcome of the applicant's Workplace Safety and Insurance Act appeals.

The application may be re-activated within 60 days of the conclusion of the WSIA proceedings.

Gui v. Pechiney Plastic Packaging, 2010 HRTO 1245

David Muir

Human rights applications deferred pending resolution of outstanding union grievances.

The applicant filed human rights applications against her employer and union alleging discrimination on the basis of disability.

Bradshaw v. Complex Services, 2010 HRTO 1215

David Muir

Request to consolidate human rights applications dismissed due to different procedural stages and lack of service.

The applicant requested an order to consolidate his section 53(5) application regarding a 2006 incident of alleged police misconduct with a section 34 application regarding a separate incident.

The respondent objected, noting it had not been served with the section 34 application and that the two applications related to discrete events separated by four years.

Coley v. Regional Municipality of Peel Police Services Board, 2010 HRTO 1212

David Muir

HRTOHuman Rights Tribunal of OntarioMay 27, 2010

Reconsideration request dismissed; parties cannot use reconsideration to re-argue findings of fact.

The respondents requested a reconsideration of the Tribunal's previous decisions regarding liability and remedy for the termination of the applicant's employment.

The Tribunal dismissed the request, holding that reconsideration is not an appeal or an opportunity to re-argue findings of fact.

Stead v. Trehaven Golf & Country Club Inc., 2010 HRTO 1196

David Muir