David Muir

Tribunal invites submissions on whether to defer human rights application pending resolution of related files.

The applicant filed an application under s. 34 of the Human Rights Code alleging discrimination in the provision of services, claiming he was subjected to homophobic slurs while attending minor hockey games.

This application is one of eleven filed by the applicant raising similar facts.

The Tribunal issued an interim decision noting that previous similar applications had been deferred pending the resolution of preliminary issues, and gave the parties 10 days to make submissions on whether this application should also be deferred.

Christopher Newman v. City of Toronto, Greater Toronto Hockey League and Toronto East Enders Hockey Club, 2009 HRTO 2062

David Muir

Request to add new individual respondents to transitional human rights applications denied.

The applicants brought a Request for an Order During Proceedings to add two individuals as respondents to their human rights applications and to remove two others.

The underlying complaints alleged discrimination and harassment on the basis of marital status and sexual orientation in accommodation.

The Tribunal denied the request to add the new respondents, noting they were not named in the original 2005 complaints and their addition was not necessary for the fair, just, and expeditious resolution of the applications.

Messmer v. Piliwood Investments, 2009 HRTO 2061

David Muir

Not Practising Law - Employed5 cases1994–2012

Adjournment request denied as scheduling error does not constitute exceptional circumstances.

The respondent requested an adjournment of a scheduled Case Resolution Conference due to a scheduling error on its part.

The Tribunal denied the request, noting that its Information Bulletin requires exceptional circumstances for late adjournment requests, and a scheduling error does not meet this threshold.

Ebrahim v. Stafford Homes, 2009 HRTO 2058

Jayson Rider

David Muir

HRTOHuman Rights Tribunal of OntarioNov 24, 2009

Human rights application dismissed under s. 34(11) due to concurrent wrongful dismissal action on same facts.

The applicant filed a human rights application alleging failure to accommodate and harassment based on disability.

The respondent requested dismissal under s. 34(11) of the Human Rights Code, arguing the applicant had already commenced a civil action for wrongful dismissal based on the same factual allegations.

The Tribunal found that the factual claims in the civil action were indistinguishable from the human rights application and that the remedies sought overlapped.

The application was dismissed as s. 34(11) requires applicants to choose a single forum to avoid duplicative litigation.

McMuldroch v. Honda of Canada Manufacturing, 2009 HRTO 2007

David Muir

Human rights applications deferred pending resolution of preliminary issues in related transitional applications.

The applicant filed two human rights applications alleging discrimination in the provision of goods, services, and facilities.

These applications were among ten filed by the applicant raising similar facts and issues.

The Tribunal had previously deferred other related applications pending the resolution of preliminary issues.

The applicant opposed deferral, arguing he intended to seek judicial review of a prior interim decision.

The Tribunal found that a stay is not automatic upon commencing judicial review and concluded it was just, fair, and expeditious to defer these applications pending the resolution of the preliminary issues in the related transitional applications.

Newman v. Sault Major Hockey Association, 2009 HRTO 1981

David Muir

Human rights application dismissed on consent due to parallel civil proceeding.

The respondents requested the dismissal of the human rights application because the applicant had commenced a parallel civil action in the Superior Court of Justice claiming damages for malicious prosecution and Charter breaches arising from the same events.

The applicant consented to the application being struck.

The Tribunal dismissed the application on consent.

Fakomi v. Toronto Police Services Board, 2009 HRTO 1979

Human rights applications dismissed as barred by section 34(11) due to parallel civil proceeding.

The applicants, through their litigation guardian, filed human rights applications alleging discrimination on the basis of family status after the respondent school refused to enroll them.

The respondent requested dismissal of the applications under section 34(11) of the Human Rights Code, arguing that the litigation guardian had already commenced a civil action against the respondent's principals based on the same factual dispute.

The Tribunal found that the civil proceeding dealt with the same allegations and subject matter, and that allowing the applications to proceed would result in duplicative litigation.

The applications were dismissed.

Navlahki v. Progressive Islamic Sunni Vohra Community of Canada, 2009 HRTO 1963

David Muir

HRTOHuman Rights Tribunal of OntarioNov 12, 2009

Human rights application dismissed after applicant failed to attend the scheduled hearing.

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

A hearing was scheduled, but the applicant failed to attend.

After waiting 30 minutes in accordance with Tribunal practice, the adjudicator proceeded in the applicant's absence.

Finding that the applicant had received proper notice, the adjudicator dismissed the application due to the applicant's failure to attend.

Fisher v. York University, 2009 HRTO 1926

David Muir

Union granted intervenor status in human rights application to argue grievance settlement resolved the issues.

The applicant filed a human rights application alleging discrimination in employment on the basis of ancestry, place of origin, and disability.

The Canadian Union of Public Employees, Local 1328, which represented the applicant's bargaining unit, filed a request to intervene, arguing the application should be dismissed because the issues were resolved by a grievance settlement.

The Tribunal granted the union's request to intervene, finding the application raised issues of general interest to the union and directly implicated it as the party with carriage of the grievance.

The union was permitted to make submissions on the preliminary issue of whether the application should be dismissed.

Jose Gonzalez v. Toronto Catholic District School Board and Hanna Cabaj, 2009 HRTO 1900

David Muir

Request for document production granted for original birthday card but denied for passport.

The respondents brought a Request for Order During Proceedings seeking the production of the original of a birthday card and the applicant's passport at the hearing.

The Tribunal granted the request for the birthday card, noting that if part of a document is relied upon, the entire original should be produced.

The request for the passport was denied as it was not relevant to the issues in dispute in the Application.

Cheryl Marsh v. Skylift Rentals Limited and Robert Bilbija, 2009 HRTO 1892

David Muir

Union granted intervenor status; parties directed to provide submissions on deferring application pending concurrent grievances.

The applicant filed a human rights application alleging discrimination in employment.

The Ontario Public Service Employees Union (OPSEU), which represents the applicant's bargaining unit and is actively representing her in numerous overlapping grievances, filed a request to intervene.

The Tribunal granted OPSEU's request to intervene, noting that the application raises issues of general interest to the union.

Additionally, in light of the respondents' request to dismiss or defer the application and OPSEU's submission that the matter should be deferred pending the outcome of the ongoing grievances, the Tribunal cancelled a scheduled mediation and directed the parties to provide written submissions on the dismissal/deferral issues.

Morsi v. Ontario (Finance), 2009 HRTO 1891

David Muir

Tribunal deferred request to restrict applicant's communications and directed submissions on whether prior grievances resolved the matter.

The respondents requested an interim order restricting the applicant from circulating a witness statement obtained during a prior grievance arbitration and from sending allegedly harassing emails to public servants.

The Tribunal found it lacked clear authority to enforce an implied undertaking or a Grievance Settlement Board order from another proceeding, as the nexus to the current human rights application was unclear.

Noting that the underlying grievances had concluded, the Tribunal directed the parties to provide submissions on whether the application should be dismissed under section 45.1 of the Code or for abuse of process.

Bhandari v. Ontario (Education), 2009 HRTO 1875

David Muir

Union granted intervener status; request to dismiss or defer application scheduled for separate hearing.

The respondents requested an early dismissal or deferral of the human rights application, arguing that the applicant had filed numerous grievances touching on the same issues.

The Tribunal found that it lacked sufficient information regarding the status of the grievances and scheduled a half-day hearing to determine the request.

The applicant's union requested to intervene in the proceedings.

The Tribunal granted the union's request to intervene, noting that the remedies sought by the applicant raised issues of general interest to the bargaining unit, with the extent of participation to be determined by the presiding adjudicator at future proceedings.

Anna Colella v. Toronto Catholic District School Board, 2009 HRTO 1867

David C. Turner

2 cases1991–2009

David Muir

HRTOHuman Rights Tribunal of OntarioOct 30, 2009

Human rights application dismissed due to applicant's failure to attend hearing and lack of nexus.

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

The respondents requested the application be dismissed as it lacked factual allegations connecting the performance-related criticisms to a prohibited ground.

The applicant failed to attend the scheduled Case Resolution Conference.

The Tribunal dismissed the application due to the applicant's failure to attend and the lack of a nexus between the alleged conduct and any prohibited ground under the Human Rights Code.

Mohammed Lebbe v. Direct Energy Marketing and John Rea, 2009 HRTO 1820

Peter J. Thorup

John R. Evans

15 cases1995–2013

David Muir

HRTOHuman Rights Tribunal of OntarioOct 28, 2009

Litigation privilege claim over workplace investigation documents dismissed for failing the dominant purpose test.

The applicant sought production of documents related to a workplace investigation and surveillance conducted around the time of his termination.

The respondents claimed litigation privilege over the documents, arguing that litigation was reasonably contemplated when the decision to terminate was made.

The Tribunal applied the dominant purpose test and found no evidence that the investigator was retained or the notes were created for the dominant purpose of anticipated litigation or obtaining legal advice.

The Tribunal ordered the production of the documents.

Lastella v. Oakville Hydro Corporation, 2009 HRTO 1806

David Muir

Request for reconsideration of interim decision regarding scope of complaint and removal of respondents dismissed.

The applicant requested reconsideration of an interim decision that defined the scope of the complaint and removed certain individual respondents.

The Tribunal dismissed the request, finding that the interim decision was not a final decision and that the applicant's disagreement with the Tribunal's conclusions was not a proper basis for reconsideration.

Khaiter v. York University, 2009 HRTO 1736

David Muir

Employer ordered to pay $14,085 after terminating employee due to perceived safety concerns related to physical disabilities.

The applicant, who has congenital physical disabilities, alleged that his employment was terminated because of his disability or perceived disability, and that the respondents engaged in reprisal by disclosing mediation details.

The Tribunal found that the individual respondent terminated the applicant due to concerns about his ability to safely perform the work and potential WSIB claims, making disability a factor in the dismissal.

The reprisal allegation was dismissed as the disclosure of mediation information does not constitute a reprisal under the Code.

The Tribunal awarded the applicant $10,000 for injury to dignity, feelings, and self-respect, $4,000 for lost wages, and $85 for out-of-pocket expenses.

Judd v. 718710 ON Inc., 2009 HRTO 1735

Peter J. Thorup

John Evans

14 cases2001–2017

David Muir

Medical report admitted as arguably relevant to employer's investigation of disability prior to termination.

The applicant filed a human rights complaint alleging discrimination on the basis of disability and failure to accommodate following his termination.

In this interim decision, the Tribunal considered the admissibility of a medical report dated March 15, 2007.

The Tribunal found the report arguably relevant to the employer's investigation of the applicant's illness and the bona fides of the termination decision, admitting it subject to limitations regarding the scope of the original complaint.

Lastella v. Oakville Hydro Corporation, 2009 HRTO 1722

David Muir

Request to reconsider interim decision deferring applications dismissed as the decision was not final.

The applicant filed a Request for Order during Proceedings seeking to set aside an earlier interim decision that deferred his applications pending the determination of preliminary issues in transitional applications.

The Tribunal treated the request as a request for reconsideration under section 45.7 of the Human Rights Code.

The Tribunal dismissed the request, finding that its rules only permit reconsideration of final decisions, and the interim decision at issue was not final.

Christopher Newman v. Ontario Hockey Federation, 2009 HRTO 1721

David Muir

HRTOHuman Rights Tribunal of OntarioOct 19, 2009

Application against spectator for homophobic slurs at hockey game dismissed for lack of jurisdiction.

The applicant filed human rights applications alleging he was subjected to homophobic slurs while attending minor hockey games.

The Tribunal issued a Notice of Intent to Dismiss the applications against the individual respondents (a player and a spectator) on the basis that they did not provide a service to the applicant.

The Tribunal dismissed the application against the spectator, finding it plain and obvious that a spectator does not provide a service under the Code.

The issue regarding the player was deferred pending the resolution of broader preliminary issues raised by the institutional respondents.

Christopher Newman v. Ontario Hockey Association, 2009 HRTO 1709

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

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

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

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
Roy FilionCounsel
4 appearances
David PatacairkCounsel
4 appearances
Melanie HerbinCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Steve LavenderCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Greg BullenCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Adrien IafrateCounsel
1 appearance
Vivian BercoviciCounsel
1 appearance
Kerri KitchenCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance
Jeffrey NicholsonCounsel
1 appearance
Civity GauleyCounsel
1 appearance

for the Respondent 1524700 Ontario Inc. o/a Connect Personnel

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

for the Respondent Canusa-CPS, a Division of ShawCor Ltd.

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

for the Respondent HMQ in Right of Ontario as represented by the Minister of Community and Social Services

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

for the Respondent Luxottica Retail Canada Inc. c.o.b. as LensCrafters

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

for the Respondent National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Local 1643

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Robert WeirCounsel
1 appearance
Beverly BanksAgent
1 appearance
Andre NowakowskiCounsel
1 appearance
Glenn K. L. ChuCounsel
1 appearance
Casey PicardAgent
1 appearance
Derek L. RogersCounsel
1 appearance
Frank ChengAgent
1 appearance
Gavin BrinSelf-represented
1 appearance
Kristin A. LeyCounsel
1 appearance
1818224 Ontario Limited o/a Country Style DonutSelf-represented
1 appearance
David GourlayCounsel
1 appearance
Terry TaylorSelf-represented
1 appearance
Brenda BowlbyCounsel
1 appearance

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

Antonella CeddiaCounsel
1 appearance
Andrea DonevanCounsel
1 appearance

for the Respondent United Food and Commercial Workers International Union, Local 333

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

for The Salvation Army – Ontario General East and Salvation Army – Territorial Headquarters

Andy PushalikCounsel
1 appearance
Christine LeblancCounsel
1 appearance

for the Social Benefits Tribunal and Social Justice Tribunals of Ontario

Asad MotenCounsel
1 appearance

for the TPA respondents

Caroline v. (Nini) JonesCounsel
1 appearance

for the TPSB respondents

Omo AkintanCounsel
1 appearance

for the TPSOA respondents

Ian RolandCounsel
1 appearance

for the United Food and Commercial Workers Union, Local 175

Sandra ColeAgent
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for Toronto District School Board

Glorie AlfredCounsel
1 appearance

for Traders General Insurance Company

Mark DonaldsonCounsel
1 appearance

for University Health Network

Jacqueline SilveraAgent
1 appearance

for Waste Management of Canada Corporation

Seann D. McAleeseCounsel
1 appearance

for Wawanesa Mutual Insurance Company

Danette CashmanCounsel
1 appearance
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

Jennifer GuthCounsel
1 appearance
Melanie MalachCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

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

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

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

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

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

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

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

David Muir

Tribunal invites submissions on whether to defer human rights application pending resolution of related files.

This application is one of eleven filed by the applicant raising similar facts.

Christopher Newman v. City of Toronto, Greater Toronto Hockey League and Toronto East Enders Hockey Club, 2009 HRTO 2062

David Muir

Request to add new individual respondents to transitional human rights applications denied.

The applicants brought a Request for an Order During Proceedings to add two individuals as respondents to their human rights applications and to remove two others.

The underlying complaints alleged discrimination and harassment on the basis of marital status and sexual orientation in accommodation.

Messmer v. Piliwood Investments, 2009 HRTO 2061

David Muir

Not Practising Law - Employed5 cases1994–2012

Adjournment request denied as scheduling error does not constitute exceptional circumstances.

The respondent requested an adjournment of a scheduled Case Resolution Conference due to a scheduling error on its part.

The Tribunal denied the request, noting that its Information Bulletin requires exceptional circumstances for late adjournment requests, and a scheduling error does not meet this threshold.

Ebrahim v. Stafford Homes, 2009 HRTO 2058

Jayson Rider

David Muir

HRTOHuman Rights Tribunal of OntarioNov 24, 2009

Human rights application dismissed under s. 34(11) due to concurrent wrongful dismissal action on same facts.

The applicant filed a human rights application alleging failure to accommodate and harassment based on disability.

The respondent requested dismissal under s. 34(11) of the Human Rights Code, arguing the applicant had already commenced a civil action for wrongful dismissal based on the same factual allegations.

The Tribunal found that the factual claims in the civil action were indistinguishable from the human rights application and that the remedies sought overlapped.

The application was dismissed as s. 34(11) requires applicants to choose a single forum to avoid duplicative litigation.

McMuldroch v. Honda of Canada Manufacturing, 2009 HRTO 2007

David Muir

Human rights applications deferred pending resolution of preliminary issues in related transitional applications.

The applicant filed two human rights applications alleging discrimination in the provision of goods, services, and facilities.

These applications were among ten filed by the applicant raising similar facts and issues.

The Tribunal had previously deferred other related applications pending the resolution of preliminary issues.

The applicant opposed deferral, arguing he intended to seek judicial review of a prior interim decision.

Newman v. Sault Major Hockey Association, 2009 HRTO 1981

David Muir

In Private Practice2 cases2009–2023

Human rights application dismissed on consent due to parallel civil proceeding.

The applicant consented to the application being struck.

The Tribunal dismissed the application on consent.

Fakomi v. Toronto Police Services Board, 2009 HRTO 1979

Michael Katzman

Ed Morgan

7 cases2001–2012

David Muir

Human rights applications dismissed as barred by section 34(11) due to parallel civil proceeding.

The applicants, through their litigation guardian, filed human rights applications alleging discrimination on the basis of family status after the respondent school refused to enroll them.

The Tribunal found that the civil proceeding dealt with the same allegations and subject matter, and that allowing the applications to proceed would result in duplicative litigation.

The applications were dismissed.

Navlahki v. Progressive Islamic Sunni Vohra Community of Canada, 2009 HRTO 1963

David Muir

HRTOHuman Rights Tribunal of OntarioNov 12, 2009

Human rights application dismissed after applicant failed to attend the scheduled hearing.

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

A hearing was scheduled, but the applicant failed to attend.

After waiting 30 minutes in accordance with Tribunal practice, the adjudicator proceeded in the applicant's absence.

Finding that the applicant had received proper notice, the adjudicator dismissed the application due to the applicant's failure to attend.

Fisher v. York University, 2009 HRTO 1926

David Muir

Union granted intervenor status in human rights application to argue grievance settlement resolved the issues.

The applicant filed a human rights application alleging discrimination in employment on the basis of ancestry, place of origin, and disability.

The Tribunal granted the union's request to intervene, finding the application raised issues of general interest to the union and directly implicated it as the party with carriage of the grievance.

The union was permitted to make submissions on the preliminary issue of whether the application should be dismissed.

Jose Gonzalez v. Toronto Catholic District School Board and Hanna Cabaj, 2009 HRTO 1900

David Muir

Request for document production granted for original birthday card but denied for passport.

The respondents brought a Request for Order During Proceedings seeking the production of the original of a birthday card and the applicant's passport at the hearing.

The Tribunal granted the request for the birthday card, noting that if part of a document is relied upon, the entire original should be produced.

The request for the passport was denied as it was not relevant to the issues in dispute in the Application.

Cheryl Marsh v. Skylift Rentals Limited and Robert Bilbija, 2009 HRTO 1892

David Muir

Union granted intervenor status; parties directed to provide submissions on deferring application pending concurrent grievances.

The applicant filed a human rights application alleging discrimination in employment.

The Ontario Public Service Employees Union (OPSEU), which represents the applicant's bargaining unit and is actively representing her in numerous overlapping grievances, filed a request to intervene.

The Tribunal granted OPSEU's request to intervene, noting that the application raises issues of general interest to the union.

Morsi v. Ontario (Finance), 2009 HRTO 1891

David Muir

Tribunal deferred request to restrict applicant's communications and directed submissions on whether prior grievances resolved the matter.

Bhandari v. Ontario (Education), 2009 HRTO 1875

David Muir

Union granted intervener status; request to dismiss or defer application scheduled for separate hearing.

The respondents requested an early dismissal or deferral of the human rights application, arguing that the applicant had filed numerous grievances touching on the same issues.

The Tribunal found that it lacked sufficient information regarding the status of the grievances and scheduled a half-day hearing to determine the request.

The applicant's union requested to intervene in the proceedings.

Anna Colella v. Toronto Catholic District School Board, 2009 HRTO 1867

David C. Turner

2 cases1991–2009

David Muir

HRTOHuman Rights Tribunal of OntarioOct 30, 2009

Human rights application dismissed due to applicant's failure to attend hearing and lack of nexus.

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

The respondents requested the application be dismissed as it lacked factual allegations connecting the performance-related criticisms to a prohibited ground.

The applicant failed to attend the scheduled Case Resolution Conference.

The Tribunal dismissed the application due to the applicant's failure to attend and the lack of a nexus between the alleged conduct and any prohibited ground under the Human Rights Code.

Mohammed Lebbe v. Direct Energy Marketing and John Rea, 2009 HRTO 1820

Peter J. Thorup

John R. Evans

15 cases1995–2013

David Muir

HRTOHuman Rights Tribunal of OntarioOct 28, 2009

Litigation privilege claim over workplace investigation documents dismissed for failing the dominant purpose test.

The applicant sought production of documents related to a workplace investigation and surveillance conducted around the time of his termination.

The respondents claimed litigation privilege over the documents, arguing that litigation was reasonably contemplated when the decision to terminate was made.

The Tribunal ordered the production of the documents.

Lastella v. Oakville Hydro Corporation, 2009 HRTO 1806

David Muir

Request for reconsideration of interim decision regarding scope of complaint and removal of respondents dismissed.

The applicant requested reconsideration of an interim decision that defined the scope of the complaint and removed certain individual respondents.

Khaiter v. York University, 2009 HRTO 1736

David Muir

Employer ordered to pay $14,085 after terminating employee due to perceived safety concerns related to physical disabilities.

The reprisal allegation was dismissed as the disclosure of mediation information does not constitute a reprisal under the Code.

The Tribunal awarded the applicant $10,000 for injury to dignity, feelings, and self-respect, $4,000 for lost wages, and $85 for out-of-pocket expenses.

Judd v. 718710 ON Inc., 2009 HRTO 1735

Peter J. Thorup

John Evans

14 cases2001–2017

David Muir

Medical report admitted as arguably relevant to employer's investigation of disability prior to termination.

The applicant filed a human rights complaint alleging discrimination on the basis of disability and failure to accommodate following his termination.

In this interim decision, the Tribunal considered the admissibility of a medical report dated March 15, 2007.

Lastella v. Oakville Hydro Corporation, 2009 HRTO 1722

David Muir

Request to reconsider interim decision deferring applications dismissed as the decision was not final.

The Tribunal treated the request as a request for reconsideration under section 45.7 of the Human Rights Code.

The Tribunal dismissed the request, finding that its rules only permit reconsideration of final decisions, and the interim decision at issue was not final.

Christopher Newman v. Ontario Hockey Federation, 2009 HRTO 1721

David Muir