David Muir

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

The applicant requested reconsideration of an interim decision that dealt with requests to amend the subject-matter of his human rights complaint and a request to intervene by his bargaining agent.

The applicant argued the Tribunal acted in a biased manner by refusing some amendments and mischaracterizing his arguments.

The Tribunal dismissed the request for reconsideration, finding that the interim decision was not a final decision that disposed of central issues, and that disagreement with a decision does not constitute evidence of bias.

Khaiter v. York University, 2009 HRTO 1661

David Muir

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

The applicant requested a reconsideration of a previous Tribunal decision that partially upheld his human rights application.

He argued that new witness and medical evidence was available, that the hearing should have been bifurcated, and that reconsideration was necessary in the public interest.

The Tribunal dismissed the request, finding that the new evidence could reasonably have been presented at the original hearing, the procedure followed was not in conflict with established rules, and the public interest in finality outweighed the applicant's arguments.

Shroff v. Tipco Inc., 2009 HRTO 1660

Edward J. Posliff

14 cases2005–2020

David Muir

HRTOHuman Rights Tribunal of OntarioOct 7, 2009

Human rights application dismissed; employer fulfilled duty to accommodate police officer's disability with modified duties.

The applicant, a police platoon sergeant, alleged discrimination in employment on the basis of disability after suffering from tendonitis.

He claimed the employer failed to accommodate him by refusing his request for light duties.

The employer maintained that it offered an appropriate accommodation allowing the applicant to perform supervisory duties from the station without responding to field calls, but that the applicant rejected this offer.

The Tribunal found that the employer had fulfilled its duty to accommodate by offering a reasonable accommodation within the applicant's restrictions, and that the employer could not provide the applicant's preferred accommodation of straight days without undue hardship.

The application was dismissed.

James Saxon v. Amherstburg Police Services Board, 2009 HRTO 1628

David Muir

HRTOHuman Rights Tribunal of OntarioSep 24, 2009

Requests for production of other applicants' files and a written statement from a potential witness denied.

The applicant in a human rights complaint alleging discrimination based on ethnic and place of origin regarding the assessment of her educational credentials filed requests for a Tribunal Ordered Inquiry, production of documents, and a written statement from the respondent's former Executive Director.

The Tribunal denied the requests for production and inquiry, finding the requested files of other applicants and statistics were not arguably relevant to whether the applicant herself was discriminated against.

The request for a written statement was also denied, as the individual could be summonsed as a witness at the hearing.

Svetlana White v. National Committee on Accreditation, 2009 HRTO 1537

David Muir

HRTOHuman Rights Tribunal of OntarioSep 21, 2009

Late objections to processing three human rights applications together dismissed.

The applicant filed three applications under section 53(5) of the Human Rights Code.

The Tribunal previously issued an interim decision to process the applications together.

After the release of that decision, the Tribunal received late submissions from the respondents objecting to the joint processing.

The Tribunal reviewed the late submissions and determined they would not have changed the result of the earlier interim decision.

Brian Kampe v. The Regional Municipality of York Regional Police Services Board, 2009 HRTO 1507

David Muir

Tribunal orders partial production of law school admissions records in discrimination claim.

The applicant, who alleged discrimination on the basis of country of origin after being denied admission to the respondent's law school, filed requests for the production of various admissions records and a witness statement.

The Tribunal partially granted the document production requests, ordering the respondent to produce a list of LSAT scores and GPAs for successful candidates and redacted minutes of the Admissions Committee's review of mature student applications.

The request for a witness statement from the Dean was denied as premature.

White v. University of Ottawa, 2009 HRTO 1491

David Muir

Tribunal partially allows complaint amendments and removes one personal respondent while denying interim relief.

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

The applicant sought to amend the complaint to add new allegations, increase the monetary remedy sought, and add several individual respondents.

The respondents sought to strike the amendments and remove the existing individual respondents.

The Tribunal allowed the amendments relating to the applicant's self-description, health effects, and increased monetary remedies, but denied the addition of new allegations and systemic discrimination claims.

The Tribunal removed one individual respondent whose involvement was tangential, but retained two others who played a central role in the employment relationship.

The applicant's request for interim remedies was denied due to a lack of supporting evidence.

Khaiter v. York University, 2009 HRTO 1489

Application against employer dismissed for lack of jurisdiction; application against union deferred pending grievance arbitration.

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

The employer requested dismissal on the basis that the original complaint was dismissed by the Commission and not continued under section 53 of the Code.

The union requested dismissal or deferral pending an ongoing grievance arbitration regarding the applicant's termination.

The Tribunal dismissed the application against the employer for lack of jurisdiction, as the complaint was not a 'continued' complaint.

The Tribunal deferred the application against the union pending the conclusion of the grievance arbitration, finding it fair, just, and expeditious to avoid concurrent proceedings on the same issues.

Teske v. Canadian Union of Public Employees, 2009 HRTO 1480

David Muir

HRTOHuman Rights Tribunal of OntarioSep 14, 2009

Three human rights applications alleging racial discrimination by police directed to be processed together.

The applicant filed three separate human rights applications alleging discrimination in respect of services on the basis of race by different police services boards and officers.

The Tribunal gave notice of its intention to process the applications together.

The applicant objected, arguing the incidents were independent and joining them would impose an undue burden on his representative.

The Tribunal directed that the applications proceed together, finding that the complaints were identical or substantially similar in nature and that separate hearings would only add to the length, cost, and complexity of the process.

Kampe v. Regional Municipality of York Regional Police Services Board, 2009 HRTO 1472

David Muir

HRTOHuman Rights Tribunal of OntarioSep 9, 2009

Reconsideration request denied after applicant failed to explain why she allegedly missed hearing notice.

The applicant requested reconsideration of a decision dismissing her human rights application for failure to attend a Case Resolution Conference.

She claimed she did not receive notice of the hearing.

The Tribunal directed her to provide details supporting this claim, but she failed to respond despite being given ample opportunity.

The Tribunal denied the request for reconsideration, finding the applicant failed to satisfy the requirements of Rule 25.5.

Lewis v. Bruce R. Duncan and Associates, 2009 HRTO 1435

David Muir

HRTOHuman Rights Tribunal of OntarioSep 4, 2009

Occasional derogatory name calling constituted sex-based harassment but did not create a poisoned work environment.

The applicant alleged he was subjected to a poisoned work environment and constructive dismissal due to harassment based on ancestry, creed, disability, ethnic origin, marital status, place of origin, and sex.

The Tribunal found that a team leader occasionally referred to the applicant using a derogatory term related to perceived infertility, constituting harassment on the basis of sex.

The corporate respondent was held vicariously liable because the team leader exercised some management functions.

However, the Tribunal concluded the harassment was not pervasive enough to create a poisoned work environment and did not justify the applicant's decision to leave his employment.

The applicant was awarded $2,000 in general damages.

Shroff v. Tipco Inc., 2009 HRTO 1405

David Muir

HRTOHuman Rights Tribunal of OntarioSep 3, 2009

Union granted leave to intervene in member's human rights application against university.

The York University Faculty Association (YUFA) brought a Request for Order During Proceeding seeking leave to intervene in a human rights application filed by a faculty member against the university.

The applicant objected to the intervention on various grounds, including alleged bad faith and insufficient particulars.

The Tribunal dismissed the applicant's objections, finding that YUFA, as the applicant's bargaining agent, had a substantial interest in the proceedings and was involved in concurrent related proceedings.

The request to intervene was granted, with the extent of participation to be determined by the presiding adjudicator at the hearing.

Peter Khaiter v. York University, 2009 HRTO 1358

Nancy Granger

Not Practising Law1 case2009–2009

Brian Daly

In Private Practice4 cases2009–2016

David Muir

Request to strike without prejudice settlement offer from the record granted due to settlement privilege.

The respondents brought a Request for Order during Proceedings to strike a letter from the record.

The letter was an offer to settle the human rights complaint and was written on a without prejudice basis.

The applicant objected, arguing the privilege was hers to waive.

The Tribunal held that the letter was privileged, the privilege belonged to the respondents, and it had not been waived.

The Request for Order was granted and the letter was sealed.

Elaine Renneboog v. Variform Inc. and Randy Nicholls, 2009 HRTO 1264

David Muir

Union granted intervenor status in human rights application where requested remedies could affect bargaining unit members.

The applicant filed an application alleging discrimination in employment on the basis of sex and age, reprisal, and sexual solicitation.

The Canadian Union of Public Employees, Local 241 requested to intervene, arguing the remedies sought could affect its members.

The applicant objected, citing a conflict of interest.

The Tribunal granted the union's request to intervene, finding the application raised issues of general interest to the union, with the extent of participation to be determined by the presiding adjudicator.

Mary Louise Heyens v. The Corporation of the City of Guelph, Ron Wisniewski, Patrick Kelly and Andy Vandermeer, 2009 HRTO 1263

Paul Mennie

2 cases2009–2010

Paula M. Rusak

18 cases1981–2016

David Muir

Amendment to human rights complaint struck as out of time due to unexplained three-year delay.

The applicant filed a human rights complaint alleging sex discrimination in 2005.

In 2008, the Commission accepted an amendment adding the ground of disability and alleging a failure to accommodate between 2003 and 2005.

The respondents brought a preliminary request to strike the amendment as out of time.

The Tribunal found that the amendment was filed more than three years after the last alleged incident of failure to accommodate.

As the applicant offered no explanation for the delay to satisfy the good faith requirement under section 34(2) of the Code, the Tribunal granted the respondents' request and struck the amendment.

Wolfe v. Kitchener (City), 2009 HRTO 1260

David Muir

City of Toronto added as a respondent to human rights application on consent.

The applicant filed a Request for Order during Proceeding to add the City of Toronto as a respondent to a human rights application.

On consent of the parties, the Tribunal ordered that the City of Toronto be added as a respondent, without prejudice to its right to raise delay arguments, and directed it to file a response within 60 days.

Shiping Liu v. Toronto Community Housing Corporation and the City of Toronto, 2009 HRTO 1251

David Muir

HRTOHuman Rights Tribunal of OntarioAug 11, 2009

Personal respondent removed from human rights application where no specific allegations were made against him.

The applicant filed a human rights application alleging reprisal by the respondent College and its administrators.

The Tribunal considered a request to remove the College's President and CEO as a personal respondent.

Applying the Persaud factors, the Tribunal found no compelling reason to continue the proceeding against the individual, as there were no specific allegations against him and the College would be vicariously liable for any proven Code violations.

The request was granted and the personal respondent was removed.

Richard Banigan v. Sheridan College Institute of Technology and Advanced Learning, 2009 HRTO 1239

David Muir

HRTOHuman Rights Tribunal of OntarioAug 10, 2009

Personal respondent removed from human rights application where corporate respondent acknowledged vicarious liability.

The applicant, a former police officer, filed a human rights application alleging discrimination in employment on the basis of disability, race, and colour following his termination.

The respondents requested an order to remove the former Chair of the Ottawa Police Services Board as a personal respondent.

Applying the factors from Persaud, the Tribunal found that the corporate respondent was vicariously liable for the Board's decisions and capable of remedying any Code violations.

As the Chair's involvement was limited to his institutional role, his continued inclusion would unnecessarily complicate and delay the proceedings.

The request was granted and the Chair was removed as a respondent.

Blair v. Ottawa Police Services Board, 2009 HRTO 1237

David Muir

HRTOHuman Rights Tribunal of OntarioAug 7, 2009

Human rights allegations regarding past job competitions dismissed due to unexplained delay and prejudice from destroyed records.

The applicant filed a human rights application alleging discrimination in 33 job competitions since 1992.

The respondents brought a request for an order during proceedings to dismiss allegations relating to competitions that occurred more than one year prior to the filing of the original complaint.

The Tribunal found that the applicant failed to provide particulars establishing a series of incidents and failed to show that the delay was incurred in good faith.

Furthermore, the Tribunal found that the respondents would suffer substantial prejudice because job competition files are routinely shredded after two years.

The request was granted, and the respondents were not required to respond to the out-of-time allegations.

Deopaul Chintaman v. Toronto District School Board, 2009 HRTO 1225

David Muir

HRTOHuman Rights Tribunal of OntarioAug 4, 2009

Application dismissed for lack of jurisdiction as the underlying human rights complaint was not continued.

The applicant filed an application under section 53(5) of the Human Rights Code to transfer a complaint from the Ontario Human Rights Commission to the Tribunal.

The respondents argued the Tribunal lacked jurisdiction because the Commission had dismissed the complaint in December 2007 and the applicant's request for reconsideration was untimely.

The Tribunal found that the complaint was not a 'continued complaint' under section 53 because it had been disposed of by the Commission and not reconsidered.

The application was dismissed for lack of jurisdiction.

Xiumin Zhang v. Centennial College, 2009 HRTO 1191

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Donna AcetoSelf-represented
2 appearances

for the Applicant Mike Khoury

Yu-Sung SohCounsel
1 appearance

for the Applicants

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

for the Applicant Scott Strang

Eli GedalofCounsel
1 appearance

for The Automobile Insurance Company of Hartford, Connecticut

Julian R.G. ThomasCounsel
1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Karen SargeantCounsel
1 appearance
Nicole SinghCounsel
1 appearance

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

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

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

Jessica FioreCounsel
1 appearance
Lori PatykCounsel
1 appearance

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

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

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

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

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

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

Ross GowerCounsel
1 appearance
Elliot SpearsCounsel
1 appearance

for the Liquor Control Board of Ontario and Ron Scarcello

Justin DiggleCounsel
1 appearance

for the Ministry of Advanced Education and Skills Development

Fatema DadaCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for themselves

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
David PatacairkCounsel
4 appearances
Melanie HerbinCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Sari SpringerCounsel
2 appearances
Greg BullenCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Jeanine WattCounsel
2 appearances
James HeeneyCounsel
1 appearance
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
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
Glorie AlfredCounsel
2 appearances
Patricia G. MurrayCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Joseph N. TasconaCounsel
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

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

Christine LeblancCounsel
1 appearance
Andy PushalikCounsel
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

Jody WilliamsSelf-represented
1 appearance
Indira HansrajSelf-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
Albert BayletSelf-represented
1 appearance
Narine LoojuneSelf-represented
1 appearance

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

Carla AdamsAgent
1 appearance
Graham H. SmithAgent
1 appearance

Respondent

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
Elisabeth MitchinsonSelf-represented
1 appearance
Al BagherianSelf-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

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

The applicant requested reconsideration of an interim decision that dealt with requests to amend the subject-matter of his human rights complaint and a request to intervene by his bargaining agent.

The applicant argued the Tribunal acted in a biased manner by refusing some amendments and mischaracterizing his arguments.

Khaiter v. York University, 2009 HRTO 1661

David Muir

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

The applicant requested a reconsideration of a previous Tribunal decision that partially upheld his human rights application.

He argued that new witness and medical evidence was available, that the hearing should have been bifurcated, and that reconsideration was necessary in the public interest.

Shroff v. Tipco Inc., 2009 HRTO 1660

Edward J. Posliff

14 cases2005–2020

David Muir

HRTOHuman Rights Tribunal of OntarioOct 7, 2009

Human rights application dismissed; employer fulfilled duty to accommodate police officer's disability with modified duties.

The applicant, a police platoon sergeant, alleged discrimination in employment on the basis of disability after suffering from tendonitis.

He claimed the employer failed to accommodate him by refusing his request for light duties.

The application was dismissed.

James Saxon v. Amherstburg Police Services Board, 2009 HRTO 1628

David Muir

HRTOHuman Rights Tribunal of OntarioSep 24, 2009

Requests for production of other applicants' files and a written statement from a potential witness denied.

The request for a written statement was also denied, as the individual could be summonsed as a witness at the hearing.

Svetlana White v. National Committee on Accreditation, 2009 HRTO 1537

David Muir

HRTOHuman Rights Tribunal of OntarioSep 21, 2009

Late objections to processing three human rights applications together dismissed.

The applicant filed three applications under section 53(5) of the Human Rights Code.

The Tribunal previously issued an interim decision to process the applications together.

After the release of that decision, the Tribunal received late submissions from the respondents objecting to the joint processing.

The Tribunal reviewed the late submissions and determined they would not have changed the result of the earlier interim decision.

Brian Kampe v. The Regional Municipality of York Regional Police Services Board, 2009 HRTO 1507

David Muir

Tribunal orders partial production of law school admissions records in discrimination claim.

The request for a witness statement from the Dean was denied as premature.

White v. University of Ottawa, 2009 HRTO 1491

David Muir

Practising Law - Employed5 cases2009–2023

Tribunal partially allows complaint amendments and removes one personal respondent while denying interim relief.

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

The applicant sought to amend the complaint to add new allegations, increase the monetary remedy sought, and add several individual respondents.

The respondents sought to strike the amendments and remove the existing individual respondents.

The Tribunal removed one individual respondent whose involvement was tangential, but retained two others who played a central role in the employment relationship.

The applicant's request for interim remedies was denied due to a lack of supporting evidence.

Khaiter v. York University, 2009 HRTO 1489

Prasanna Balasundaram

Malcolm N. Winter

1 case2009–2009

Ernest J. Guiste

In Private Practice64 cases2000–2025

David Muir

HRTOHuman Rights Tribunal of OntarioSep 15, 2009

Application against employer dismissed for lack of jurisdiction; application against union deferred pending grievance arbitration.

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

The employer requested dismissal on the basis that the original complaint was dismissed by the Commission and not continued under section 53 of the Code.

The union requested dismissal or deferral pending an ongoing grievance arbitration regarding the applicant's termination.

The Tribunal dismissed the application against the employer for lack of jurisdiction, as the complaint was not a 'continued' complaint.

The Tribunal deferred the application against the union pending the conclusion of the grievance arbitration, finding it fair, just, and expeditious to avoid concurrent proceedings on the same issues.

Teske v. Canadian Union of Public Employees, 2009 HRTO 1480

David Muir

HRTOHuman Rights Tribunal of OntarioSep 14, 2009

Three human rights applications alleging racial discrimination by police directed to be processed together.

The applicant filed three separate human rights applications alleging discrimination in respect of services on the basis of race by different police services boards and officers.

The Tribunal gave notice of its intention to process the applications together.

The applicant objected, arguing the incidents were independent and joining them would impose an undue burden on his representative.

Kampe v. Regional Municipality of York Regional Police Services Board, 2009 HRTO 1472

David Muir

HRTOHuman Rights Tribunal of OntarioSep 9, 2009

Reconsideration request denied after applicant failed to explain why she allegedly missed hearing notice.

The applicant requested reconsideration of a decision dismissing her human rights application for failure to attend a Case Resolution Conference.

She claimed she did not receive notice of the hearing.

The Tribunal directed her to provide details supporting this claim, but she failed to respond despite being given ample opportunity.

The Tribunal denied the request for reconsideration, finding the applicant failed to satisfy the requirements of Rule 25.5.

Lewis v. Bruce R. Duncan and Associates, 2009 HRTO 1435

David Muir

HRTOHuman Rights Tribunal of OntarioSep 4, 2009

Occasional derogatory name calling constituted sex-based harassment but did not create a poisoned work environment.

The Tribunal found that a team leader occasionally referred to the applicant using a derogatory term related to perceived infertility, constituting harassment on the basis of sex.

The corporate respondent was held vicariously liable because the team leader exercised some management functions.

However, the Tribunal concluded the harassment was not pervasive enough to create a poisoned work environment and did not justify the applicant's decision to leave his employment.

The applicant was awarded $2,000 in general damages.

Shroff v. Tipco Inc., 2009 HRTO 1405

David Muir

HRTOHuman Rights Tribunal of OntarioSep 3, 2009

Union granted leave to intervene in member's human rights application against university.

The York University Faculty Association (YUFA) brought a Request for Order During Proceeding seeking leave to intervene in a human rights application filed by a faculty member against the university.

The applicant objected to the intervention on various grounds, including alleged bad faith and insufficient particulars.

The request to intervene was granted, with the extent of participation to be determined by the presiding adjudicator at the hearing.

Peter Khaiter v. York University, 2009 HRTO 1358

Nancy Granger

Not Practising Law1 case2009–2009

Brian Daly

In Private Practice4 cases2009–2016

David Muir

Request to strike without prejudice settlement offer from the record granted due to settlement privilege.

The respondents brought a Request for Order during Proceedings to strike a letter from the record.

The letter was an offer to settle the human rights complaint and was written on a without prejudice basis.

The applicant objected, arguing the privilege was hers to waive.

The Tribunal held that the letter was privileged, the privilege belonged to the respondents, and it had not been waived.

The Request for Order was granted and the letter was sealed.

Elaine Renneboog v. Variform Inc. and Randy Nicholls, 2009 HRTO 1264

David Muir

Union granted intervenor status in human rights application where requested remedies could affect bargaining unit members.

The applicant filed an application alleging discrimination in employment on the basis of sex and age, reprisal, and sexual solicitation.

The Canadian Union of Public Employees, Local 241 requested to intervene, arguing the remedies sought could affect its members.

The applicant objected, citing a conflict of interest.

Mary Louise Heyens v. The Corporation of the City of Guelph, Ron Wisniewski, Patrick Kelly and Andy Vandermeer, 2009 HRTO 1263

Paul Mennie

2 cases2009–2010

Paula M. Rusak

18 cases1981–2016

David Muir

Amendment to human rights complaint struck as out of time due to unexplained three-year delay.

The applicant filed a human rights complaint alleging sex discrimination in 2005.

In 2008, the Commission accepted an amendment adding the ground of disability and alleging a failure to accommodate between 2003 and 2005.

The respondents brought a preliminary request to strike the amendment as out of time.

The Tribunal found that the amendment was filed more than three years after the last alleged incident of failure to accommodate.

As the applicant offered no explanation for the delay to satisfy the good faith requirement under section 34(2) of the Code, the Tribunal granted the respondents' request and struck the amendment.

Wolfe v. Kitchener (City), 2009 HRTO 1260

David Muir

City of Toronto added as a respondent to human rights application on consent.

The applicant filed a Request for Order during Proceeding to add the City of Toronto as a respondent to a human rights application.

Shiping Liu v. Toronto Community Housing Corporation and the City of Toronto, 2009 HRTO 1251

David Muir

HRTOHuman Rights Tribunal of OntarioAug 11, 2009

Personal respondent removed from human rights application where no specific allegations were made against him.

The applicant filed a human rights application alleging reprisal by the respondent College and its administrators.

The Tribunal considered a request to remove the College's President and CEO as a personal respondent.

The request was granted and the personal respondent was removed.

Richard Banigan v. Sheridan College Institute of Technology and Advanced Learning, 2009 HRTO 1239

David Muir

HRTOHuman Rights Tribunal of OntarioAug 10, 2009

Personal respondent removed from human rights application where corporate respondent acknowledged vicarious liability.

The applicant, a former police officer, filed a human rights application alleging discrimination in employment on the basis of disability, race, and colour following his termination.

The respondents requested an order to remove the former Chair of the Ottawa Police Services Board as a personal respondent.

Applying the factors from Persaud, the Tribunal found that the corporate respondent was vicariously liable for the Board's decisions and capable of remedying any Code violations.

As the Chair's involvement was limited to his institutional role, his continued inclusion would unnecessarily complicate and delay the proceedings.

The request was granted and the Chair was removed as a respondent.

Blair v. Ottawa Police Services Board, 2009 HRTO 1237

David Muir

HRTOHuman Rights Tribunal of OntarioAug 7, 2009

Human rights allegations regarding past job competitions dismissed due to unexplained delay and prejudice from destroyed records.

The applicant filed a human rights application alleging discrimination in 33 job competitions since 1992.

The respondents brought a request for an order during proceedings to dismiss allegations relating to competitions that occurred more than one year prior to the filing of the original complaint.

The Tribunal found that the applicant failed to provide particulars establishing a series of incidents and failed to show that the delay was incurred in good faith.

Furthermore, the Tribunal found that the respondents would suffer substantial prejudice because job competition files are routinely shredded after two years.

The request was granted, and the respondents were not required to respond to the out-of-time allegations.

Deopaul Chintaman v. Toronto District School Board, 2009 HRTO 1225

David Muir