David Muir

HRTOHuman Rights Tribunal of OntarioMay 21, 2010

Reconsideration request dismissed as applicant failed to establish grounds under Rule 25.5.

The applicant requested a reconsideration of a previous decision that dismissed his human rights applications on the basis that he had signed a full and final release, making the applications an abuse of process.

The Tribunal found that the applicant failed to address any of the required grounds for reconsideration under Rule 25.5, instead attempting to reargue the merits of his case and making unsubstantiated allegations of bias.

The request for reconsideration was dismissed.

Louie Mavec v. Sanofi Pasteur Limited, 2010 HRTO 1155

David Muir

HRTOHuman Rights Tribunal of OntarioMay 20, 2010

Request for reconsideration of interim decision dismissed as the decision was not final.

The applicant requested a reconsideration of an interim decision that narrowed the scope of the issues to be addressed at the hearing.

The Tribunal dismissed the request, finding that the interim decision was not a final decision that disposed of any central issues between the parties, and therefore was not subject to reconsideration under the Tribunal's Rules.

Richard Banigan v. Sheridan College Institute of Technology and Advanced Learning, 2010 HRTO 1150

David Muir

Reconsideration request dismissed as applicant attempted to re-argue merits rather than addressing Rule 25.5 criteria.

The applicant requested a reconsideration of a previous decision (2010 HRTO 756) that dismissed his human rights application.

The Tribunal found that the applicant failed to address any of the required criteria for reconsideration under Rule 25.5 of the Tribunal's Rules of Procedure.

Instead, the applicant attempted to re-argue the preliminary issue and the merits of his application.

The Tribunal dismissed the request for reconsideration, noting that disagreement with the original conclusions is not a proper basis for reconsideration.

Isai v. Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union 647, 2010 HRTO 1007

David Muir

Human rights application withdrawn with leave of the Tribunal at the applicant's request.

The applicant filed correspondence advising that she wished to withdraw her human rights application.

The Tribunal granted leave and the application was withdrawn pursuant to section 53(5) of the Human Rights Code.

Smirnova v. Upper Canada Figure Skating Club, 2010 HRTO 1005

David Muir

Reconsideration request dismissed as the underlying interim decision on production was not a final decision.

The applicant requested reconsideration of an interim decision dealing with production requests.

The Tribunal dismissed the request, finding that the interim decision was not a final decision that disposed of the substance or a central element of the dispute.

As the decision did not deprive the applicant of any prospect of a remedy and did not dispose of the entirety of the complaint, it could not be the subject of a reconsideration request under Rule 25.1.

Desiree Martin v. The Reverend Norman Johnston Youth Residence Inc., 2010 HRTO 970

David Muir

Suspended Administratively1 case2010–2010

Document production ordered for hire/status reports during applicant's parental leave in pregnancy discrimination claim.

The applicant filed a Request for Order during Proceeding seeking the production of the respondent employer's hire/status report for the period corresponding to her parental leave.

The applicant alleged that her lay-off and subsequent unsuitable job offer were related to her pregnancy, and that she was not made aware of suitable alternative employment during her leave.

The Tribunal found the requested documents arguably relevant to the issues raised in the Application and ordered the organizational respondent to produce the report.

Jaime Kern v. Human Resource Capital Group Inc. o/a Spherino Workforce Architects, 2010 HRTO 963

Cynthia D. Kontra

David Muir

HRTOHuman Rights Tribunal of OntarioApr 29, 2010

Human rights application alleging racial discrimination in a transit fare dispute dismissed.

The applicant alleged racial discrimination in the provision of a service after a TTC bus driver challenged his transfer and required him to pay another fare.

The Tribunal found that the transfer was out of time and that there was no evidence the applicant was singled out for greater scrutiny because of his race, colour, or ethnic origin.

The application was dismissed.

Loojune v. Toronto Transit Commission, 2010 HRTO 936

David Muir

Human rights application withdrawn against personal respondents on consent.

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

On consent of all parties, the Tribunal ordered the application withdrawn as against the personal respondents and amended the style of cause accordingly.

The parties were directed to follow the established timetable for disclosure.

Rosser v. Georgian Downs Limited, 2010 HRTO 932

David Muir

Human rights application deferred on consent pending parallel civil proceeding.

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

On consent of the parties, the Tribunal deferred the application pending the conclusion of a civil proceeding involving the same parties.

Patricia Espinoza v. 463963 Ontario Ltd. Rainbow Party & Bingo Supplies and George Vacheresse, 2010 HRTO 931

David Muir

HRTOHuman Rights Tribunal of OntarioApr 23, 2010

Applicant given 10 days to respond to request to dismiss application for abandonment.

The respondents filed a Request for Order During Proceeding seeking to dismiss the human rights application as abandoned because the applicant failed to provide available dates for a hearing despite multiple requests.

The Tribunal directed the applicant to indicate within 10 days whether she wishes to make oral submissions regarding the request to dismiss, failing which the application may be dismissed as abandoned.

Wafa Siyam v. The Michener Institute for Applied Health Sciences, 2010 HRTO 892

David Muir

HRTOHuman Rights Tribunal of OntarioApr 20, 2010

Human rights application withdrawn with leave of the Tribunal.

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

The Human Rights Tribunal of Ontario granted leave and the application was withdrawn.

Stremos v. Windsor Casino, 2010 HRTO 858

Ernest J. Guiste

In Private Practice64 cases2000–2025

David Muir

HRTOHuman Rights Tribunal of OntarioApr 19, 2010

Human rights application alleging age and place of origin discrimination in termination dismissed for lack of evidence.

The applicant, a probationary receptionist, alleged that her employment was terminated because of her age and place of origin (Scottish accent).

The respondent employer maintained that she was terminated due to performance issues, including using coarse language, impatience with customers, and miscommunicating messages.

The Tribunal found the employer's witnesses credible and noted that the workplace was multi-ethnic and the applicant's predecessor and successor were of similar age.

The Tribunal concluded there was no evidence that the termination was tainted by discrimination and dismissed the application.

McErlane v. The Seagull Company Inc., 2010 HRTO 852

David Muir

Request for reconsideration denied as disagreement with findings of fact does not satisfy Rule 25.5.

The applicant requested a reconsideration of the Tribunal's Case Resolution Conference Decision which dismissed his applications against his employer and union.

The applicant argued that some findings of fact were inconsistent with the conclusion that the union's decision not to proceed with his grievance was not discriminatory.

The Tribunal found that the applicant's request did not satisfy the requirements of Rule 25.5 of the Rules for Transitional Applications, as disagreement with findings of fact is not a basis for reconsideration.

The request for reconsideration was denied.

Davies Koech v. Cargill Limited et al., 2010 HRTO 843

David Muir

Human rights application dismissed as abandoned due to applicant's failure to perfect or respond.

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

The Tribunal sent multiple letters directing the applicant to perfect the application and warning that failure to do so could result in dismissal.

The applicant failed to respond to any of the Tribunal's correspondence.

The application was dismissed as abandoned.

William Mathews v. Hopper Foundry (1977) Limited and John Vickers, 2010 HRTO 842

David Muir

Reconsideration request denied as proposed new evidence could have been presented at the original hearing.

The applicant requested a reconsideration of a decision dismissing his human rights application, arguing that new evidence from a former colleague was potentially determinative.

The Tribunal denied the request, finding that the evidence was not potentially determinative and that the witness could and should have been called at the original hearing.

Reopening the hearing would undermine the Tribunal's process and the finality of its decisions.

Jerry Schram v. Avon-Maitland District School Board and David MacLennan, 2010 HRTO 841

Tribunal awards $29,896 in lost wages and non-pecuniary damages for discriminatory termination.

The applicant's employment was terminated in violation of the Human Rights Code.

In this remedy decision, the Tribunal awarded compensation for lost wages, partial business losses incurred during mitigation, and non-pecuniary damages.

The Tribunal found the applicant reasonably mitigated her losses by participating in a Self Employment Benefit Grant program and starting businesses.

The respondents were ordered jointly and severally liable to pay $15,838 for lost wages, $4,058 for business losses, and $10,000 for injury to dignity, feelings, and self-respect.

Stead v. Trehaven Golf & Country Club, 2010 HRTO 816

David Muir

HRTOHuman Rights Tribunal of OntarioApr 13, 2010

Reconsideration of interim decision dismissing claims based on judicial immunity denied; extension of time granted.

The applicants sought reconsideration of an interim decision that dismissed their human rights applications against two individual respondents on the basis of judicial immunity.

The applicants argued that the Tribunal had assumed jurisdiction over other government bodies and should do so in this case.

The Tribunal found this argument was based on a misapprehension, as the dismissal was based on judicial immunity, not whether the respondents were state actors.

The request for reconsideration was dismissed.

However, the Tribunal granted the applicants' request for an extension of time to file submissions regarding any remaining allegations against the remaining individual respondents.

Robinson v. Ontario Municipal Board, 2010 HRTO 812

Sean T. McGee

7 cases1992–2011

David Patacairk

Practising Law - Employed51 cases2009–2017

David Muir

Licence Surrendered - Retired31 cases1986–2017

Preliminary objections dismissed; WSIB proceedings did not determine accommodation issue to bar claim.

The applicant filed a human rights complaint alleging the respondent employer failed to accommodate his disability and return him to his pre-injury position following a workplace injury.

The respondent raised preliminary objections, arguing the application was filed out of time and that the applicant's attempt to re-litigate his ability to perform his pre-injury duties was an abuse of process given prior WSIB proceedings.

The Tribunal dismissed the preliminary objections, finding the complaint was filed within one year of the employer's definitive decision that it could not accommodate him.

The Tribunal also held there was no abuse of process because the WSIB had not actually determined whether the applicant could be accommodated without undue hardship.

Marcel Backs v. Corporation of the City of Ottawa, 2010 HRTO 808

Paula Rusak

James Nyman

10 cases1983–2012

David Muir

Human rights applications dismissed as abuse of process due to valid prior Minutes of Settlement.

The applicant filed human rights complaints against his former employer and union alleging discrimination based on disability regarding his return from medical leave and subsequent lay-off.

The respondents sought to dismiss the applications as an abuse of process, arguing the applicant had previously signed Minutes of Settlement releasing them from all claims.

The applicant contended he lacked the mental capacity to appreciate the legal consequences of the settlement when he signed it.

The Tribunal found insufficient medical evidence to support the applicant's claim of incapacity and concluded he freely agreed to the settlement.

The applications were dismissed as an abuse of process.

Mavec v. Sanofi Pasteur, 2010 HRTO 804

David Muir

HRTOHuman Rights Tribunal of OntarioApr 8, 2010

Human rights application withdrawn with leave of the Tribunal.

The applicant sought to withdraw her human rights application filed under section 53(3) of the Human Rights Code.

The Tribunal granted leave and the application was withdrawn.

Blais v. Sudbury Catholic District School Board, 2010 HRTO 777

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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

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

for the Respondent(s)

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

for the Respondents

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

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

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

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

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

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Graham H. SmithAgent
1 appearance
Carla AdamsAgent
1 appearance

Respondent

Neal SommerCounsel
1 appearance
Kathryn J. BirdCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

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 OntarioMay 21, 2010

Reconsideration request dismissed as applicant failed to establish grounds under Rule 25.5.

The request for reconsideration was dismissed.

Louie Mavec v. Sanofi Pasteur Limited, 2010 HRTO 1155

David Muir

HRTOHuman Rights Tribunal of OntarioMay 20, 2010

Request for reconsideration of interim decision dismissed as the decision was not final.

The applicant requested a reconsideration of an interim decision that narrowed the scope of the issues to be addressed at the hearing.

Richard Banigan v. Sheridan College Institute of Technology and Advanced Learning, 2010 HRTO 1150

David Muir

Reconsideration request dismissed as applicant attempted to re-argue merits rather than addressing Rule 25.5 criteria.

The applicant requested a reconsideration of a previous decision (2010 HRTO 756) that dismissed his human rights application.

The Tribunal found that the applicant failed to address any of the required criteria for reconsideration under Rule 25.5 of the Tribunal's Rules of Procedure.

Instead, the applicant attempted to re-argue the preliminary issue and the merits of his application.

The Tribunal dismissed the request for reconsideration, noting that disagreement with the original conclusions is not a proper basis for reconsideration.

Isai v. Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union 647, 2010 HRTO 1007

David Muir

Human rights application withdrawn with leave of the Tribunal at the applicant's request.

The applicant filed correspondence advising that she wished to withdraw her human rights application.

The Tribunal granted leave and the application was withdrawn pursuant to section 53(5) of the Human Rights Code.

Smirnova v. Upper Canada Figure Skating Club, 2010 HRTO 1005

David Muir

Reconsideration request dismissed as the underlying interim decision on production was not a final decision.

The applicant requested reconsideration of an interim decision dealing with production requests.

The Tribunal dismissed the request, finding that the interim decision was not a final decision that disposed of the substance or a central element of the dispute.

Desiree Martin v. The Reverend Norman Johnston Youth Residence Inc., 2010 HRTO 970

David Muir

Suspended Administratively1 case2010–2010

Document production ordered for hire/status reports during applicant's parental leave in pregnancy discrimination claim.

The applicant filed a Request for Order during Proceeding seeking the production of the respondent employer's hire/status report for the period corresponding to her parental leave.

The applicant alleged that her lay-off and subsequent unsuitable job offer were related to her pregnancy, and that she was not made aware of suitable alternative employment during her leave.

The Tribunal found the requested documents arguably relevant to the issues raised in the Application and ordered the organizational respondent to produce the report.

Jaime Kern v. Human Resource Capital Group Inc. o/a Spherino Workforce Architects, 2010 HRTO 963

Cynthia D. Kontra

David Muir

HRTOHuman Rights Tribunal of OntarioApr 29, 2010

Human rights application alleging racial discrimination in a transit fare dispute dismissed.

The applicant alleged racial discrimination in the provision of a service after a TTC bus driver challenged his transfer and required him to pay another fare.

The Tribunal found that the transfer was out of time and that there was no evidence the applicant was singled out for greater scrutiny because of his race, colour, or ethnic origin.

The application was dismissed.

Loojune v. Toronto Transit Commission, 2010 HRTO 936

David Muir

Human rights application withdrawn against personal respondents on consent.

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

On consent of all parties, the Tribunal ordered the application withdrawn as against the personal respondents and amended the style of cause accordingly.

The parties were directed to follow the established timetable for disclosure.

Rosser v. Georgian Downs Limited, 2010 HRTO 932

David Muir

Human rights application deferred on consent pending parallel civil proceeding.

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

On consent of the parties, the Tribunal deferred the application pending the conclusion of a civil proceeding involving the same parties.

Patricia Espinoza v. 463963 Ontario Ltd. Rainbow Party & Bingo Supplies and George Vacheresse, 2010 HRTO 931

David Muir

HRTOHuman Rights Tribunal of OntarioApr 23, 2010

Applicant given 10 days to respond to request to dismiss application for abandonment.

Wafa Siyam v. The Michener Institute for Applied Health Sciences, 2010 HRTO 892

David Muir

HRTOHuman Rights Tribunal of OntarioApr 20, 2010

Human rights application withdrawn with leave of the Tribunal.

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

The Human Rights Tribunal of Ontario granted leave and the application was withdrawn.

Stremos v. Windsor Casino, 2010 HRTO 858

Ernest J. Guiste

In Private Practice64 cases2000–2025

David Muir

HRTOHuman Rights Tribunal of OntarioApr 19, 2010

Human rights application alleging age and place of origin discrimination in termination dismissed for lack of evidence.

The applicant, a probationary receptionist, alleged that her employment was terminated because of her age and place of origin (Scottish accent).

The respondent employer maintained that she was terminated due to performance issues, including using coarse language, impatience with customers, and miscommunicating messages.

The Tribunal found the employer's witnesses credible and noted that the workplace was multi-ethnic and the applicant's predecessor and successor were of similar age.

The Tribunal concluded there was no evidence that the termination was tainted by discrimination and dismissed the application.

McErlane v. The Seagull Company Inc., 2010 HRTO 852

David Muir

Request for reconsideration denied as disagreement with findings of fact does not satisfy Rule 25.5.

The applicant requested a reconsideration of the Tribunal's Case Resolution Conference Decision which dismissed his applications against his employer and union.

The applicant argued that some findings of fact were inconsistent with the conclusion that the union's decision not to proceed with his grievance was not discriminatory.

The request for reconsideration was denied.

Davies Koech v. Cargill Limited et al., 2010 HRTO 843

David Muir

Human rights application dismissed as abandoned due to applicant's failure to perfect or respond.

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

The Tribunal sent multiple letters directing the applicant to perfect the application and warning that failure to do so could result in dismissal.

The applicant failed to respond to any of the Tribunal's correspondence.

The application was dismissed as abandoned.

William Mathews v. Hopper Foundry (1977) Limited and John Vickers, 2010 HRTO 842

David Muir

Reconsideration request denied as proposed new evidence could have been presented at the original hearing.

The applicant requested a reconsideration of a decision dismissing his human rights application, arguing that new evidence from a former colleague was potentially determinative.

The Tribunal denied the request, finding that the evidence was not potentially determinative and that the witness could and should have been called at the original hearing.

Reopening the hearing would undermine the Tribunal's process and the finality of its decisions.

Jerry Schram v. Avon-Maitland District School Board and David MacLennan, 2010 HRTO 841

Joseph N. Tascona

11 cases1989–2013

James E. Bowden

16 cases1980–2014

David Muir

HRTOHuman Rights Tribunal of OntarioApr 13, 2010

Tribunal awards $29,896 in lost wages and non-pecuniary damages for discriminatory termination.

The applicant's employment was terminated in violation of the Human Rights Code.

In this remedy decision, the Tribunal awarded compensation for lost wages, partial business losses incurred during mitigation, and non-pecuniary damages.

The Tribunal found the applicant reasonably mitigated her losses by participating in a Self Employment Benefit Grant program and starting businesses.

The respondents were ordered jointly and severally liable to pay $15,838 for lost wages, $4,058 for business losses, and $10,000 for injury to dignity, feelings, and self-respect.

Stead v. Trehaven Golf & Country Club, 2010 HRTO 816

David Muir

HRTOHuman Rights Tribunal of OntarioApr 13, 2010

Reconsideration of interim decision dismissing claims based on judicial immunity denied; extension of time granted.

The applicants sought reconsideration of an interim decision that dismissed their human rights applications against two individual respondents on the basis of judicial immunity.

The applicants argued that the Tribunal had assumed jurisdiction over other government bodies and should do so in this case.

The Tribunal found this argument was based on a misapprehension, as the dismissal was based on judicial immunity, not whether the respondents were state actors.

The request for reconsideration was dismissed.

However, the Tribunal granted the applicants' request for an extension of time to file submissions regarding any remaining allegations against the remaining individual respondents.

Robinson v. Ontario Municipal Board, 2010 HRTO 812

Sean T. McGee

7 cases1992–2011

David Patacairk

Practising Law - Employed51 cases2009–2017

David Muir

Licence Surrendered - Retired31 cases1986–2017

Preliminary objections dismissed; WSIB proceedings did not determine accommodation issue to bar claim.

The applicant filed a human rights complaint alleging the respondent employer failed to accommodate his disability and return him to his pre-injury position following a workplace injury.

The Tribunal dismissed the preliminary objections, finding the complaint was filed within one year of the employer's definitive decision that it could not accommodate him.

The Tribunal also held there was no abuse of process because the WSIB had not actually determined whether the applicant could be accommodated without undue hardship.

Marcel Backs v. Corporation of the City of Ottawa, 2010 HRTO 808

Paula Rusak

James Nyman

10 cases1983–2012

David Muir

Human rights applications dismissed as abuse of process due to valid prior Minutes of Settlement.

The applicant filed human rights complaints against his former employer and union alleging discrimination based on disability regarding his return from medical leave and subsequent lay-off.

The respondents sought to dismiss the applications as an abuse of process, arguing the applicant had previously signed Minutes of Settlement releasing them from all claims.

The applicant contended he lacked the mental capacity to appreciate the legal consequences of the settlement when he signed it.

The Tribunal found insufficient medical evidence to support the applicant's claim of incapacity and concluded he freely agreed to the settlement.

The applications were dismissed as an abuse of process.

Mavec v. Sanofi Pasteur, 2010 HRTO 804

David Muir