David Muir

Hearing adjourned to allow applicant to serve unlocatable personal respondent.

The respondents brought a Request for Order During Proceeding seeking to remove the personal respondents or adjourn the hearing pending location and service on one of the personal respondents, who had left the corporate respondent's employ and was no longer in contact with counsel.

The applicant objected, stating the personal respondents were critical to the application.

The Tribunal adjourned the hearing and ordered the applicant to serve the application on the unlocatable respondent within 60 days if he wished to pursue the application against him.

Kern v. Human Resources Capital Group, 2010 HRTO 774

David Muir

Request for production of Ontario Works file and extension of time granted.

The applicant filed a Request for Order seeking the production of her Ontario Works file held by the respondent and an extension of time to deliver and file her list of witnesses and documents.

The respondent did not respond to the request.

The Tribunal granted the request, noting that the allegations in the complaint dealt primarily with the handling of the applicant's claim to Ontario Works benefits, making it likely that her file contained arguably relevant documents.

Susan Saunders v. The Corporation of the County of Simcoe, 2010 HRTO 768

David Muir

HRTOHuman Rights Tribunal of OntarioApr 6, 2010

Human rights applications dismissed for delay and because the substance was dealt with by the OLRB.

The applicant filed human rights applications against his union and employer alleging discrimination regarding his return to work following a medical leave.

The respondents requested early dismissal.

The Tribunal dismissed the application against the union as it was filed outside the one-year limitation period under section 34 of the Code, and the delay was not incurred in good faith.

The Tribunal also dismissed both applications under section 45.1 of the Code, finding that the substance of the human rights allegations had been appropriately dealt with by the Ontario Labour Relations Board in a prior duty of fair representation proceeding.

Isai v. Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union 647, 2010 HRTO 756

David Muir

HRTOHuman Rights Tribunal of OntarioMar 31, 2010

Disability discrimination complaint allowed to proceed despite union's withdrawal of related grievances without applicant's consent.

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

The respondents raised preliminary issues seeking early dismissal, arguing the complaints were filed out of time and had been appropriately dealt with through the grievance process.

The Tribunal dismissed the sex discrimination complaint due to an unexplained four-year delay.

However, the Tribunal allowed the disability discrimination complaint to proceed, finding the allegations constituted a series of incidents within the time limit.

The Tribunal also held that the withdrawal of grievances by the applicant's union without her consent did not mean the matter had been appropriately dealt with under the Code.

Marie Anne Pilon v. Corporation of the City of Cornwall, 2010 HRTO 680

David Muir

HRTOHuman Rights Tribunal of OntarioMar 25, 2010

Tribunal deferred scheduling request for 90 days to allow implementation of arbitration settlement.

The applicant requested that his human rights application be scheduled for a hearing, arguing that the arbitration to which it was deferred was not proceeding.

The respondents objected, noting that the parties had reached a settlement agreement at arbitration that resolved the application.

The Tribunal deferred consideration of the requests for 90 days to allow for the implementation of the settlement, noting that proceeding with the application in the face of a settlement could amount to an abuse of process.

Santo Barbieri v. Hamilton-Wentworth District School Board, 2010 HRTO 652

David Muir

Human rights applications dismissed as abandoned following the death of the applicant and failure to respond.

The applicants filed human rights complaints alleging discrimination in the provision of services.

Following the death of the applicant Mir Muhammed Shaikh, the applicants' representative advised she was unable to obtain instructions.

The respondents requested the applications be dismissed.

After the applicants' representative and the estate failed to respond to a Request for Order and a Case Assessment Direction, the Tribunal warned the applications would be dismissed as abandoned.

Receiving no response, the Tribunal dismissed both applications as abandoned.

Shaikh v. Ottawa Hospital, 2010 HRTO 650

David Muir

Human rights application facing CCAA stay will be dismissed as abandoned unless applicant responds.

The applicant filed a human rights application.

The respondent submitted that the application was stayed pursuant to an order under the Companies' Creditors Arrangement Act (CCAA).

The Tribunal previously directed the applicant to provide submissions or advise if he had sought leave to lift the stay.

The applicant failed to respond.

The Tribunal issued an interim decision stating that the application appears abandoned and will be dismissed unless the applicant provides written submissions within five days.

Sammy Johnson v. Smurfit Stone Container Corporation, 2010 HRTO 645

David Muir

Tribunal dismisses historical reprisal allegations due to delay, prior dismissal, and abuse of process.

The applicant filed a human rights complaint alleging reprisal by the respondent college for previous complaints, citing unsuccessful job applications over 20 years and his 1985 termination.

The respondent sought to dismiss significant elements of the application.

The Tribunal dismissed allegations relating to previously dismissed complaints under s. 53(8) of the Code, and dismissed allegations contradicting a prior arbitration award regarding his termination as an abuse of process.

The Tribunal also dismissed allegations older than one year prior to the complaint due to delay.

The remaining allegations regarding recent job applications will proceed to a hearing on whether they establish a prima facie case.

Banigan v. Sheridan College Institute of Technology, 2010 HRTO 631

David Muir

Tribunal issues interim order on document production and hearing directions in human rights complaint.

The applicant in a human rights complaint alleging discrimination on the basis of disability, reprisal, and sexual solicitation brought a request for the production of documents and directions regarding the hearing process.

The Tribunal ordered the production of 2006 Board of Directors meeting minutes, finding them arguably relevant, but denied requests for budget documents and certain emails.

The Tribunal also upheld solicitor-client privilege over communications between the Board and its acting chair.

Additionally, the Tribunal provided directions on the use of medical information, the scheduling of witnesses, and permitted the applicant to make a personal audio recording of the proceedings.

Martin v. The Reverent Norman Johnston Youth Residence, 2010 HRTO 595

David Muir

HRTOHuman Rights Tribunal of OntarioMar 18, 2010

Individual respondents removed from human rights application as allegations pertained solely to the corporate employer.

The corporate respondent brought a Request for Order During Proceedings seeking to remove two individual respondents, Bruce Cappel and Andrea Margles, from the human rights application.

The applicant did not provide reply submissions.

Applying the factors from Persaud v. Toronto District School Board, the Tribunal found that the allegations related to the corporate respondent's duty to accommodate and there were no specific allegations against the individuals.

The Tribunal ordered the removal of the personal respondents.

Talbot v. Kronis, Rotzstain, Margles, Cappel, 2010 HRTO 589

David Muir

Request to amend transitional human rights application to include post-complaint allegations denied.

The respondents requested that allegations in the applicant's statement of additional facts be struck because they post-dated the original human rights complaint filed with the Commission.

The Tribunal noted that under section 53(5) of the Human Rights Code and Rule 12, transitional applications must be based on the subject matter of the original complaint.

The Tribunal declined to exercise its discretion to allow the amendments, finding it was not necessary for the fair, just, and expeditious resolution of the application.

The post-dating allegations were struck.

Mukesh Goel v. Peel District School Board, 2010 HRTO 575

Larry Culver

2 cases2009–2010

David Muir

Human rights application dismissed; light duty assignments were within medical restrictions and not discriminatory.

The applicant alleged discrimination in employment on the basis of disability, race, colour, ethnic origin, and place of origin.

Following a workplace shoulder injury, the applicant was placed on light duties.

He alleged the employer failed to accommodate his restrictions by assigning him sweeping duties and later assigned him demeaning 'garbage' work due to his race and origin.

The Tribunal dismissed the application, finding no evidence that the work assignments or medical staff's treatment were influenced by prohibited grounds.

The assigned work was within his medical restrictions and part of a legitimate recycling initiative.

Akram v. National Steel Car, 2010 HRTO 570

David Muir

HRTOHuman Rights Tribunal of OntarioMar 15, 2010

Request for early dismissal and adjournment denied; applicant ordered to comply with disclosure obligations.

The respondents brought a Request for Order During Proceedings seeking early dismissal of the human rights application under section 45.1 of the Code, an adjournment of the scheduled hearing, and an order for production.

The Tribunal denied the request for early dismissal because the respondents failed to provide the decisions of the College of Physicians and Surgeons and the Health Professions Appeal and Review Board they relied upon.

The request for an adjournment was denied as the individual respondent did not establish an inability to make alternate arrangements for his scheduled shift.

The Tribunal ordered the applicant to comply with disclosure obligations.

Kumar v. William Osler Health Centre, 2010 HRTO 551

David Muir

HRTOHuman Rights Tribunal of OntarioMar 5, 2010

Human rights applications to be dismissed as abandoned following applicant's death unless estate representative responds.

The applicants filed human rights complaints alleging discrimination in the provision of services by the respondent hospitals and individuals.

Following the death of the applicant Mir Muhammed Shaikh, who was also acting as the estate trustee for the other applicant, the applicants' representative advised she could no longer obtain instructions.

The respondents requested an order dismissing the applications.

After the applicants failed to respond to a Case Assessment Direction, the Tribunal found the applications appeared to be abandoned and ordered that they would be dismissed unless a proper representative of the estates provided written submissions within five days.

Shaikh v. Ottawa Hospital, 2010 HRTO 497

David Muir

HRTOHuman Rights Tribunal of OntarioMar 4, 2010

Request for Tribunal inquiry into alleged mail tampering and suspension of document production timelines denied.

The applicant requested that the Tribunal conduct an inquiry into the respondents' conduct, alleging that mail from the respondents was arriving unsealed or opened.

The applicant also requested a suspension of his obligation to deliver and file materials for an upcoming Case Resolution Conference.

The Tribunal dismissed both requests, finding that an inquiry under section 44 of the Human Rights Code was not required as the allegations did not relate to the merits of the application, and that the mail issues did not affect the applicant's ability to deliver his materials.

Theodore Rosenberg v. The Corporation of the Town of Richmond Hill and John DeVries, 2010 HRTO 488

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 26, 2010

Tribunal granted consent order withdrawing application against individual respondents and amending style of cause.

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

At the hearing, the Tribunal granted the applicant leave, on consent, to withdraw the application against the individual respondents and ordered the style of cause amended accordingly.

White v. Hanson Pressure Pipe, 2010 HRTO 449

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 17, 2010

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

The applicant filed a human rights application against the respondent.

The respondent filed a Request for Order During Proceeding to be removed and to add a corporate respondent.

The applicant failed to respond to the Request, failed to provide required disclosure, and failed to respond to a Case Assessment Direction asking if she intended to proceed.

The Tribunal found the application abandoned and dismissed it.

Trisha Mohan v. Mathew Mesdag, 2010 HRTO 387

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 12, 2010

Human rights applications dismissed as there was no evidence that termination or union representation were tainted by racial discrimination.

The applicant, a Black man, alleged that his employment was terminated and his union failed to take his grievance to arbitration because of his race and colour.

The employer terminated the applicant after two eyewitnesses reported seeing him urinating in the parking lot.

The applicant denied the allegation, claiming another employee was responsible and that the employer and union's decisions were tainted by racial bias.

The Tribunal held a case resolution conference to hear evidence from the applicant and the eyewitnesses.

The Tribunal found the eyewitnesses credible and concluded there was no evidence to support the applicant's allegations of discriminatory treatment by either the employer or the union.

The applications were dismissed for failing to establish a prima facie case of discrimination.

Koech v. Cargill, 2010 HRTO 331

David Muir

Human rights applications alleging race and disability discrimination in a student practicum placement dismissed.

The applicant, a Black woman and student at York University, alleged discrimination on the basis of race, colour, and disability after her practicum placement at The Women's Centre of York Region was terminated prematurely.

The applicant claimed she was assigned demeaning tasks due to her race and that her placement was terminated because she requested accommodation for carpal tunnel syndrome.

The Tribunal found no evidence to support the allegations of discrimination or failure to accommodate, concluding that the placement was terminated for legitimate, non-discriminatory reasons related to the applicant's performance and failure to maintain appropriate boundaries.

The applications were dismissed.

Taylor-Wright v. York University, 2010 HRTO 312

David Muir

Employment and Labour Law

Reconsideration granted where applicant missed hearing due to travel delays but made good faith attempt.

The applicant requested reconsideration of a decision dismissing her human rights application after she failed to attend the hearing.

The applicant explained that she missed the hearing due to travel delays caused by a full flight and ticketing errors beyond her control.

The respondent opposed the request, arguing the applicant could have contacted the Tribunal or the parties to advise them of her delay.

The Tribunal found that while the applicant made imprudent travel choices, she made a good faith attempt to attend and did arrive in Toronto, albeit after the hearing concluded.

The Tribunal granted the reconsideration request, finding the circumstances outweighed the public interest in finality.

Carolyn Fisher v. York University, 2010 HRTO 309

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

for the Applicant Scott Strang

Eli GedalofCounsel
1 appearance

for The Automobile Insurance Company of Hartford, Connecticut

Julian R.G. ThomasCounsel
1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Karen SargeantCounsel
1 appearance
Nicole SinghCounsel
1 appearance

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

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

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

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

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

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

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

Elliot SpearsCounsel
1 appearance
Ross GowerCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
Melanie HerbinCounsel
4 appearances
David PatacairkCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Andrew ZabrovskyCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Greg BullenCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Patricia MurrayCounsel
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)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
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

Donald G. CormackCounsel
1 appearance
Danette CashmanCounsel
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

Narine LoojuneSelf-represented
1 appearance
Albert BayletSelf-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

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

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

Human Rights

Administrative Law

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

Hearing adjourned to allow applicant to serve unlocatable personal respondent.

The applicant objected, stating the personal respondents were critical to the application.

The Tribunal adjourned the hearing and ordered the applicant to serve the application on the unlocatable respondent within 60 days if he wished to pursue the application against him.

Kern v. Human Resources Capital Group, 2010 HRTO 774

David Muir

Request for production of Ontario Works file and extension of time granted.

The applicant filed a Request for Order seeking the production of her Ontario Works file held by the respondent and an extension of time to deliver and file her list of witnesses and documents.

The respondent did not respond to the request.

Susan Saunders v. The Corporation of the County of Simcoe, 2010 HRTO 768

David Muir

HRTOHuman Rights Tribunal of OntarioApr 6, 2010

Human rights applications dismissed for delay and because the substance was dealt with by the OLRB.

The applicant filed human rights applications against his union and employer alleging discrimination regarding his return to work following a medical leave.

The respondents requested early dismissal.

The Tribunal dismissed the application against the union as it was filed outside the one-year limitation period under section 34 of the Code, and the delay was not incurred in good faith.

Isai v. Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union 647, 2010 HRTO 756

David Muir

HRTOHuman Rights Tribunal of OntarioMar 31, 2010

Disability discrimination complaint allowed to proceed despite union's withdrawal of related grievances without applicant's consent.

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

The respondents raised preliminary issues seeking early dismissal, arguing the complaints were filed out of time and had been appropriately dealt with through the grievance process.

The Tribunal dismissed the sex discrimination complaint due to an unexplained four-year delay.

However, the Tribunal allowed the disability discrimination complaint to proceed, finding the allegations constituted a series of incidents within the time limit.

The Tribunal also held that the withdrawal of grievances by the applicant's union without her consent did not mean the matter had been appropriately dealt with under the Code.

Marie Anne Pilon v. Corporation of the City of Cornwall, 2010 HRTO 680

David Muir

HRTOHuman Rights Tribunal of OntarioMar 25, 2010

Tribunal deferred scheduling request for 90 days to allow implementation of arbitration settlement.

The applicant requested that his human rights application be scheduled for a hearing, arguing that the arbitration to which it was deferred was not proceeding.

The respondents objected, noting that the parties had reached a settlement agreement at arbitration that resolved the application.

Santo Barbieri v. Hamilton-Wentworth District School Board, 2010 HRTO 652

David Muir

Human rights applications dismissed as abandoned following the death of the applicant and failure to respond.

The applicants filed human rights complaints alleging discrimination in the provision of services.

Following the death of the applicant Mir Muhammed Shaikh, the applicants' representative advised she was unable to obtain instructions.

The respondents requested the applications be dismissed.

After the applicants' representative and the estate failed to respond to a Request for Order and a Case Assessment Direction, the Tribunal warned the applications would be dismissed as abandoned.

Receiving no response, the Tribunal dismissed both applications as abandoned.

Shaikh v. Ottawa Hospital, 2010 HRTO 650

David Muir

Human rights application facing CCAA stay will be dismissed as abandoned unless applicant responds.

The applicant filed a human rights application.

The respondent submitted that the application was stayed pursuant to an order under the Companies' Creditors Arrangement Act (CCAA).

The Tribunal previously directed the applicant to provide submissions or advise if he had sought leave to lift the stay.

The applicant failed to respond.

The Tribunal issued an interim decision stating that the application appears abandoned and will be dismissed unless the applicant provides written submissions within five days.

Sammy Johnson v. Smurfit Stone Container Corporation, 2010 HRTO 645

David Muir

Tribunal dismisses historical reprisal allegations due to delay, prior dismissal, and abuse of process.

The applicant filed a human rights complaint alleging reprisal by the respondent college for previous complaints, citing unsuccessful job applications over 20 years and his 1985 termination.

The respondent sought to dismiss significant elements of the application.

The Tribunal also dismissed allegations older than one year prior to the complaint due to delay.

The remaining allegations regarding recent job applications will proceed to a hearing on whether they establish a prima facie case.

Banigan v. Sheridan College Institute of Technology, 2010 HRTO 631

David Muir

Tribunal issues interim order on document production and hearing directions in human rights complaint.

The Tribunal ordered the production of 2006 Board of Directors meeting minutes, finding them arguably relevant, but denied requests for budget documents and certain emails.

The Tribunal also upheld solicitor-client privilege over communications between the Board and its acting chair.

Additionally, the Tribunal provided directions on the use of medical information, the scheduling of witnesses, and permitted the applicant to make a personal audio recording of the proceedings.

Martin v. The Reverent Norman Johnston Youth Residence, 2010 HRTO 595

David Muir

HRTOHuman Rights Tribunal of OntarioMar 18, 2010

Individual respondents removed from human rights application as allegations pertained solely to the corporate employer.

The corporate respondent brought a Request for Order During Proceedings seeking to remove two individual respondents, Bruce Cappel and Andrea Margles, from the human rights application.

The applicant did not provide reply submissions.

The Tribunal ordered the removal of the personal respondents.

Talbot v. Kronis, Rotzstain, Margles, Cappel, 2010 HRTO 589

David Muir

Request to amend transitional human rights application to include post-complaint allegations denied.

The respondents requested that allegations in the applicant's statement of additional facts be struck because they post-dated the original human rights complaint filed with the Commission.

The Tribunal noted that under section 53(5) of the Human Rights Code and Rule 12, transitional applications must be based on the subject matter of the original complaint.

The Tribunal declined to exercise its discretion to allow the amendments, finding it was not necessary for the fair, just, and expeditious resolution of the application.

The post-dating allegations were struck.

Mukesh Goel v. Peel District School Board, 2010 HRTO 575

Larry Culver

2 cases2009–2010

David Muir

Human rights application dismissed; light duty assignments were within medical restrictions and not discriminatory.

The applicant alleged discrimination in employment on the basis of disability, race, colour, ethnic origin, and place of origin.

Following a workplace shoulder injury, the applicant was placed on light duties.

He alleged the employer failed to accommodate his restrictions by assigning him sweeping duties and later assigned him demeaning 'garbage' work due to his race and origin.

The Tribunal dismissed the application, finding no evidence that the work assignments or medical staff's treatment were influenced by prohibited grounds.

The assigned work was within his medical restrictions and part of a legitimate recycling initiative.

Akram v. National Steel Car, 2010 HRTO 570

David Muir

HRTOHuman Rights Tribunal of OntarioMar 15, 2010

Request for early dismissal and adjournment denied; applicant ordered to comply with disclosure obligations.

The request for an adjournment was denied as the individual respondent did not establish an inability to make alternate arrangements for his scheduled shift.

The Tribunal ordered the applicant to comply with disclosure obligations.

Kumar v. William Osler Health Centre, 2010 HRTO 551

David Muir

HRTOHuman Rights Tribunal of OntarioMar 5, 2010

Human rights applications to be dismissed as abandoned following applicant's death unless estate representative responds.

The applicants filed human rights complaints alleging discrimination in the provision of services by the respondent hospitals and individuals.

The respondents requested an order dismissing the applications.

Shaikh v. Ottawa Hospital, 2010 HRTO 497

David Muir

HRTOHuman Rights Tribunal of OntarioMar 4, 2010

Request for Tribunal inquiry into alleged mail tampering and suspension of document production timelines denied.

The applicant requested that the Tribunal conduct an inquiry into the respondents' conduct, alleging that mail from the respondents was arriving unsealed or opened.

The applicant also requested a suspension of his obligation to deliver and file materials for an upcoming Case Resolution Conference.

Theodore Rosenberg v. The Corporation of the Town of Richmond Hill and John DeVries, 2010 HRTO 488

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 26, 2010

Tribunal granted consent order withdrawing application against individual respondents and amending style of cause.

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

At the hearing, the Tribunal granted the applicant leave, on consent, to withdraw the application against the individual respondents and ordered the style of cause amended accordingly.

White v. Hanson Pressure Pipe, 2010 HRTO 449

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 17, 2010

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

The applicant filed a human rights application against the respondent.

The respondent filed a Request for Order During Proceeding to be removed and to add a corporate respondent.

The applicant failed to respond to the Request, failed to provide required disclosure, and failed to respond to a Case Assessment Direction asking if she intended to proceed.

The Tribunal found the application abandoned and dismissed it.

Trisha Mohan v. Mathew Mesdag, 2010 HRTO 387

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 12, 2010

Human rights applications dismissed as there was no evidence that termination or union representation were tainted by racial discrimination.

The applicant, a Black man, alleged that his employment was terminated and his union failed to take his grievance to arbitration because of his race and colour.

The employer terminated the applicant after two eyewitnesses reported seeing him urinating in the parking lot.

The applicant denied the allegation, claiming another employee was responsible and that the employer and union's decisions were tainted by racial bias.

The Tribunal held a case resolution conference to hear evidence from the applicant and the eyewitnesses.

The Tribunal found the eyewitnesses credible and concluded there was no evidence to support the applicant's allegations of discriminatory treatment by either the employer or the union.

The applications were dismissed for failing to establish a prima facie case of discrimination.

Koech v. Cargill, 2010 HRTO 331

David Muir

Human rights applications alleging race and disability discrimination in a student practicum placement dismissed.

The applicant claimed she was assigned demeaning tasks due to her race and that her placement was terminated because she requested accommodation for carpal tunnel syndrome.

The applications were dismissed.

Taylor-Wright v. York University, 2010 HRTO 312

David Muir