David Muir

HRTOHuman Rights Tribunal of OntarioMay 21, 2009

Application alleging discrimination in handling of short-term disability claim dismissed; employer's medical information requests were reasonable.

The applicant alleged discrimination and harassment in employment on the basis of disability, claiming the employer mishandled her short-term disability claim for a psychological illness.

The Tribunal found that the employer's requests for medical information and authorizations were reasonable and made in good faith to assess the claim and accommodate the applicant.

The Tribunal also found no evidence that the employer interfered with the applicant's long-term disability claim.

The application was dismissed.

Marilyn McMahon-Ayerst v. Revera Long Term Care Inc. and Marvin Kalchman, 2009 HRTO 645

Stephen A. McArthur

21 cases1988–2015

David Muir

HRTOHuman Rights Tribunal of OntarioMay 20, 2009

Human rights application dismissed for lack of jurisdiction as respondent's internet gaming business is federally regulated.

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

The respondents raised a preliminary issue, arguing that the Tribunal lacked jurisdiction because the corporate respondent, which provides a live dealer internet gaming experience, is a federally regulated enterprise engaged in telecommunications.

The Tribunal agreed, finding that the corporate respondent's business of providing online gambling services via the internet falls within the exclusive jurisdiction of the Parliament of Canada.

The application was dismissed for lack of jurisdiction.

Hansraj v. 6553303 Canada, 2009 HRTO 663

Paula Rusak

Licence Surrendered - Retired31 cases1986–2017

David Muir

HRTOHuman Rights Tribunal of OntarioMay 11, 2009

Human rights application alleging racial discrimination in employment termination dismissed for lack of evidence.

The applicant, a South East Indian man, alleged that his employment was terminated due to subtle discrimination based on race and ethnic origin.

The respondents maintained that the applicant was terminated because he was incapable of performing the job despite extensive training.

The Tribunal found no evidence of differential treatment or racial discrimination, noting that the employer's decision was rational and based on performance issues.

The application was dismissed.

Dave Mani v. Mirolin Industries Corporation and Denise Ducey, 2009 HRTO 608

Joanna S. Rainbow

Licence Surrendered - Retired11 cases2009–2016

David Muir

Human rights application alleging discrimination by university instructors based on disability and creed dismissed.

The applicant, a university student with a cognitive disability and hearing impairment, alleged that the university and several instructors discriminated against her on the basis of disability and creed.

She claimed she received lower marks and was expelled from the social work program due to a failure to accommodate her disabilities and because of her religious views on gay marriage.

The Tribunal dismissed the application, finding no evidence that the applicant's disabilities or creed were connected to her academic performance or the treatment she received from her instructors.

Hsieh v. York University, 2009 HRTO 606

Steve Lavender

23 cases2009–2026

David Muir

Human rights application alleging disability discrimination by transit employees dismissed; vexatious litigant order denied.

The applicant, who uses a walking stick, alleged that the Toronto Transit Commission discriminated against him on the basis of disability during two incidents.

In the first, a streetcar operator asked to inspect his transfer after he was seated.

In the second, a subway guard locked a cab door open, blocking access to the seats opposite the cab, which the applicant wished to use.

The Tribunal dismissed the application, finding that the operator had a reasonable basis for the fare inspection and that the subway seating policy did not result in differential treatment, as other seats were readily available.

The respondent's request to declare the applicant a vexatious litigant was also dismissed.

Stangret v. Toronto Transit Commission, 2009 HRTO 596

David Muir

Request for reconsideration of dismissed human rights application denied for failing to meet procedural criteria.

The applicant requested a reconsideration of the Tribunal's decision dismissing her human rights application.

The applicant argued that unidentified findings of fact were inconsistent with the evidence called at the Case Resolution Conference.

The Tribunal denied the request, finding that the applicant made no submissions bearing on the factors required for reconsideration under Rule 25.5 of the Tribunal's Rules of Procedure.

Firth v. Sidana, 2009 HRTO 585

David Muir

Request for reconsideration denied as applicant merely reiterated previous arguments without meeting reconsideration criteria.

The applicant requested reconsideration of a previous Tribunal decision that dismissed his application as untimely.

The applicant did not provide any new facts, evidence, or submissions addressing the criteria for reconsideration under Rule 25.5, but merely reiterated arguments made at the Case Resolution Conference.

The Tribunal denied the request for reconsideration.

Kris Persad v. Toronto Transit Commission, 2009 HRTO 582

David Muir

Human rights application dismissed; employer's refusal to provide detailed reference was consistent with company policy.

The applicant filed a human rights application alleging discrimination, breach of settlement, and reprisal, claiming his former employer sabotaged his employment prospects by refusing to provide a detailed reference.

At the Case Resolution Conference, the applicant relied on double hearsay evidence regarding the reference checks.

The personal respondent testified that he only confirmed the applicant's dates of employment and declined to provide further information in accordance with company policy.

The Tribunal preferred the respondent's direct evidence over the applicant's hearsay evidence, found no violation of the Human Rights Code, and dismissed the application.

der von Felix v. C.R. Laurence of Canada (Ontario), 2009 HRTO 581

David Muir

Reconsideration request denied; conflict of interest allegation based on adjudicator's prior employment found meritless.

The applicant requested a reconsideration of a previous Tribunal decision dismissing his applications.

He argued that the adjudicator was in a conflict of interest because of prior employment as Crown Counsel.

The Tribunal denied the request, finding that the applicant was merely seeking to re-argue issues from the Case Resolution Conference and that the conflict of interest allegation was entirely without merit, as the adjudicator had not been employed by the Ministry of the Attorney General since 1992.

Jogendra v. Ontario (Attorney General), 2009 HRTO 580

Human rights application dismissed for delay as applicant failed to establish good faith reason for late filing.

The applicant filed a human rights complaint alleging that a hospital and a doctor discriminated against her based on her Aboriginal ancestry by making stereotypical comments in a discharge summary.

The respondents raised preliminary objections, including that the complaint was filed out of time.

The Tribunal found that the applicant was aware of the material facts in December 2001 but did not file the complaint until February 2004.

The Tribunal rejected the applicant's argument that she was medically incapacitated from filing earlier, noting she had pursued other legal and complaint avenues during that time.

Finding no good faith reason for the delay and potential prejudice to the respondents, the Tribunal dismissed the application as out of time under section 34 of the Human Rights Code.

Marchand v. St. Michael’s Hospital, 2009 HRTO 566

David Muir

HRTOHuman Rights Tribunal of OntarioApr 23, 2009

Human rights application dismissed as parties agreed the matter fell under federal jurisdiction.

The applicant filed a human rights application under section 53(3) of the Human Rights Code.

The respondent raised a jurisdictional issue, arguing that the complaint fell under the federal Canadian Human Rights Act.

The parties agreed that the Tribunal lacked jurisdiction, and the applicant took steps to pursue the matter federally.

The Tribunal dismissed the application without making a formal determination on the jurisdictional issue.

Patterson-Lombard v. Congress of Aboriginal Peoples, 2009 HRTO 486

David Muir

HRTOHuman Rights Tribunal of OntarioApr 15, 2009

Human rights application dismissed after applicant failed to attend scheduled Case Resolution Conference.

The applicant failed to attend a scheduled Case Resolution Conference.

The Tribunal was satisfied that the applicant received proper notice of the conference.

In the absence of the applicant or any explanation for her non-attendance, the Tribunal dismissed the human rights application.

Julia Lewis v. Bruce R. Duncan and Associates and Joan Perry, 2009 HRTO 446

David Muir

HRTOHuman Rights Tribunal of OntarioApr 3, 2009

Tribunal rescinded premature order disposing of application after one respondent failed to sign settlement agreement.

The applicant and respondents agreed to settle a human rights application during mediation.

The Tribunal prematurely issued an order finally disposing of the application before receiving the signed Minutes of Settlement.

One of the personal respondents failed to sign the agreement or pay his portion.

The Tribunal rescinded its previous order, confirmed the application was finally disposed of against the two respondents who signed and paid, and allowed the application to proceed against the non-signing respondent and the corporate respondent.

Lisa Weitzmann v. Reliant Home Warranty Corporation, 2009 HRTO 387

David Muir

HRTOHuman Rights Tribunal of OntarioMar 26, 2009

Request for reconsideration dismissed as the underlying decision denying an amendment was not a final decision.

The applicant requested reconsideration of an interim decision that denied his request to amend his human rights application to add a new ground of discrimination.

The Tribunal considered whether the decision was a 'final decision' under Rule 25.1 of the Tribunal's Rules of Procedure.

The Tribunal found that the decision did not deprive the applicant of any prospect of a remedy against the respondent and did not dispose of the entirety of the complaint.

Therefore, it was not a final decision and could not be the subject of a reconsideration request.

The request for reconsideration was dismissed.

Forrest v. Ontario Lottery and Gaming Corporation, 2009 HRTO 354

David Muir

HRTOHuman Rights Tribunal of OntarioMar 23, 2009

Application alleging sexual orientation discrimination dismissed; reduction in shifts was due to lack of work.

The applicant alleged discrimination in employment on the basis of sexual orientation, claiming her hours were reduced and her employment effectively terminated after her employer learned she was in a same-sex relationship.

The Tribunal found that the reduction in the applicant's shifts was due to a significant decline in available work during the winter months, not her sexual orientation.

The Tribunal also dismissed the allegation of a poisoned work environment, finding that brief co-worker gossip and a friendly conversation with a manager did not constitute a poisoned environment.

The application was dismissed.

Firth v. Sidana, 2009 HRTO 340

David Muir

In Private Practice5 cases2008–2023

Human rights application dismissed for excessive delay not justified by medical evidence of incapacity.

The applicant filed a human rights complaint alleging racial discrimination and harassment by his employer and supervisors, more than seven years after the alleged incidents.

The respondents requested early dismissal of the application due to the delay.

The applicant argued the delay was caused by his mental disability and lack of legal representation.

The Tribunal found no medical evidence supporting the applicant's inability to file a complaint during the delay period and concluded the delay was not incurred in good faith and caused substantial prejudice to the respondents.

The application was dismissed.

Persad v. Toronto Transit Commission, 2009 HRTO 325

Paul Stern

Christopher Thompson

3 cases2009–2010

David Muir

Human rights applications by former Justice of the Peace dismissed for delay and abuse of process.

The applicant, a former Justice of the Peace, filed two human rights applications alleging discrimination on the basis of race and related grounds.

The first application concerned the failure to progress him to full-time presiding status, and the second concerned the refusal to indemnify his legal costs for defending criminal charges of sexual assault.

The Tribunal dismissed the first application as out of time, noting a delay of over three years without a reasonable explanation.

The Tribunal dismissed the second application as an abuse of process, finding the applicant's claim that the sexual assault charges arose within the course of his employment to be preposterous and without any chance of success.

Jogendra v. Ontario (Attorney General), 2009 HRTO 322

David Muir

HRTOHuman Rights Tribunal of OntarioMar 11, 2009

Tribunal allows late-filed sex discrimination claim due to internal resolution efforts but dismisses unpleaded disability claim.

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

The respondents raised preliminary issues, seeking to dismiss the application for being out of time and to dismiss the disability claim for lack of pleaded facts.

The Tribunal denied the request to dismiss the entire application, finding the applicant had engaged in a good faith attempt to resolve the issues internally before filing.

However, the Tribunal dismissed the disability claim because the complaint contained no facts to support it.

The Tribunal also removed a deceased individual as a respondent on consent.

Allen v. Mississauga (City), 2009 HRTO 274

David Muir

HRTOHuman Rights Tribunal of OntarioMar 5, 2009

Human rights application alleging racial harassment and discriminatory termination dismissed due to lack of credible evidence.

The applicant, a Black African woman, alleged she experienced a poisoned work environment due to racial harassment and was terminated while on sick leave.

The Tribunal found the applicant's evidence regarding racial name-calling and harassment lacked detail and was contradicted by the respondents' evidence.

The Tribunal also found that the applicant was not terminated due to her sick leave, but rather quit because she did not want to work the available evening shifts.

The application was dismissed.

Ajayi v. Roxboro Business Services, 2009 HRTO 244

David Muir

HRTOHuman Rights Tribunal of OntarioMar 4, 2009

Adjournment of Case Resolution Conference denied despite applicant's representative's scheduling conflict.

The applicant requested an adjournment of a scheduled Case Resolution Conference because her newly retained representative was unavailable on the second day.

The respondents objected, noting the applicant had ample time to retain a representative.

The Tribunal denied the adjournment, emphasizing its mandate for expeditious resolution of transitional applications and noting the conference might conclude in one day.

Abdalla v. Toronto District School Board, 2009 HRTO 243

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Shiping LiSelf-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

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
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

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

Stephen RobinsonSelf-represented
1 appearance
Jon CannSelf-represented
1 appearance
Jeff BrooksSelf-represented
1 appearance
Sandra JohnsonSelf-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
Steve LavenderCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Greg BullenCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Sari SpringerCounsel
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)

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

for the Respondents

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

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

Donald G. CormackCounsel
1 appearance
Darrell MarchCounsel
1 appearance
Danette CashmanCounsel
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
Santo BarbieriSelf-represented
1 appearance
Narine LoojuneSelf-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

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

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

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

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

Emily McKernan

15 cases2008–2017

David Muir

HRTOHuman Rights Tribunal of OntarioMay 21, 2009

Application alleging discrimination in handling of short-term disability claim dismissed; employer's medical information requests were reasonable.

The applicant alleged discrimination and harassment in employment on the basis of disability, claiming the employer mishandled her short-term disability claim for a psychological illness.

The Tribunal found that the employer's requests for medical information and authorizations were reasonable and made in good faith to assess the claim and accommodate the applicant.

The Tribunal also found no evidence that the employer interfered with the applicant's long-term disability claim.

The application was dismissed.

Marilyn McMahon-Ayerst v. Revera Long Term Care Inc. and Marvin Kalchman, 2009 HRTO 645

Stephen A. McArthur

21 cases1988–2015

David Muir

HRTOHuman Rights Tribunal of OntarioMay 20, 2009

Human rights application dismissed for lack of jurisdiction as respondent's internet gaming business is federally regulated.

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

The Tribunal agreed, finding that the corporate respondent's business of providing online gambling services via the internet falls within the exclusive jurisdiction of the Parliament of Canada.

The application was dismissed for lack of jurisdiction.

Hansraj v. 6553303 Canada, 2009 HRTO 663

Paula Rusak

Licence Surrendered - Retired31 cases1986–2017

David Muir

HRTOHuman Rights Tribunal of OntarioMay 11, 2009

Human rights application alleging racial discrimination in employment termination dismissed for lack of evidence.

The applicant, a South East Indian man, alleged that his employment was terminated due to subtle discrimination based on race and ethnic origin.

The respondents maintained that the applicant was terminated because he was incapable of performing the job despite extensive training.

The Tribunal found no evidence of differential treatment or racial discrimination, noting that the employer's decision was rational and based on performance issues.

The application was dismissed.

Dave Mani v. Mirolin Industries Corporation and Denise Ducey, 2009 HRTO 608

Joanna S. Rainbow

Licence Surrendered - Retired11 cases2009–2016

David Muir

Human rights application alleging discrimination by university instructors based on disability and creed dismissed.

She claimed she received lower marks and was expelled from the social work program due to a failure to accommodate her disabilities and because of her religious views on gay marriage.

The Tribunal dismissed the application, finding no evidence that the applicant's disabilities or creed were connected to her academic performance or the treatment she received from her instructors.

Hsieh v. York University, 2009 HRTO 606

Steve Lavender

23 cases2009–2026

David Muir

Human rights application alleging disability discrimination by transit employees dismissed; vexatious litigant order denied.

The applicant, who uses a walking stick, alleged that the Toronto Transit Commission discriminated against him on the basis of disability during two incidents.

In the first, a streetcar operator asked to inspect his transfer after he was seated.

In the second, a subway guard locked a cab door open, blocking access to the seats opposite the cab, which the applicant wished to use.

The respondent's request to declare the applicant a vexatious litigant was also dismissed.

Stangret v. Toronto Transit Commission, 2009 HRTO 596

David Muir

Request for reconsideration of dismissed human rights application denied for failing to meet procedural criteria.

The applicant requested a reconsideration of the Tribunal's decision dismissing her human rights application.

The applicant argued that unidentified findings of fact were inconsistent with the evidence called at the Case Resolution Conference.

The Tribunal denied the request, finding that the applicant made no submissions bearing on the factors required for reconsideration under Rule 25.5 of the Tribunal's Rules of Procedure.

Firth v. Sidana, 2009 HRTO 585

David Muir

Request for reconsideration denied as applicant merely reiterated previous arguments without meeting reconsideration criteria.

The applicant requested reconsideration of a previous Tribunal decision that dismissed his application as untimely.

The Tribunal denied the request for reconsideration.

Kris Persad v. Toronto Transit Commission, 2009 HRTO 582

David Muir

Human rights application dismissed; employer's refusal to provide detailed reference was consistent with company policy.

At the Case Resolution Conference, the applicant relied on double hearsay evidence regarding the reference checks.

The personal respondent testified that he only confirmed the applicant's dates of employment and declined to provide further information in accordance with company policy.

The Tribunal preferred the respondent's direct evidence over the applicant's hearsay evidence, found no violation of the Human Rights Code, and dismissed the application.

der von Felix v. C.R. Laurence of Canada (Ontario), 2009 HRTO 581

David Muir

Practising Law - Employed1 case2009–2009

Reconsideration request denied; conflict of interest allegation based on adjudicator's prior employment found meritless.

The applicant requested a reconsideration of a previous Tribunal decision dismissing his applications.

He argued that the adjudicator was in a conflict of interest because of prior employment as Crown Counsel.

Jogendra v. Ontario (Attorney General), 2009 HRTO 580

Sheila Cuthbertson

9 cases1989–2014

Michael Conradi

James Miglin

2 cases2008–2009

Christopher Hubbard

1 case2009–2009

David Muir

HRTOHuman Rights Tribunal of OntarioMay 5, 2009

Human rights application dismissed for delay as applicant failed to establish good faith reason for late filing.

The applicant filed a human rights complaint alleging that a hospital and a doctor discriminated against her based on her Aboriginal ancestry by making stereotypical comments in a discharge summary.

The respondents raised preliminary objections, including that the complaint was filed out of time.

The Tribunal found that the applicant was aware of the material facts in December 2001 but did not file the complaint until February 2004.

The Tribunal rejected the applicant's argument that she was medically incapacitated from filing earlier, noting she had pursued other legal and complaint avenues during that time.

Finding no good faith reason for the delay and potential prejudice to the respondents, the Tribunal dismissed the application as out of time under section 34 of the Human Rights Code.

Marchand v. St. Michael’s Hospital, 2009 HRTO 566

David Muir

HRTOHuman Rights Tribunal of OntarioApr 23, 2009

Human rights application dismissed as parties agreed the matter fell under federal jurisdiction.

The applicant filed a human rights application under section 53(3) of the Human Rights Code.

The respondent raised a jurisdictional issue, arguing that the complaint fell under the federal Canadian Human Rights Act.

The parties agreed that the Tribunal lacked jurisdiction, and the applicant took steps to pursue the matter federally.

The Tribunal dismissed the application without making a formal determination on the jurisdictional issue.

Patterson-Lombard v. Congress of Aboriginal Peoples, 2009 HRTO 486

David Muir

HRTOHuman Rights Tribunal of OntarioApr 15, 2009

Human rights application dismissed after applicant failed to attend scheduled Case Resolution Conference.

The applicant failed to attend a scheduled Case Resolution Conference.

The Tribunal was satisfied that the applicant received proper notice of the conference.

In the absence of the applicant or any explanation for her non-attendance, the Tribunal dismissed the human rights application.

Julia Lewis v. Bruce R. Duncan and Associates and Joan Perry, 2009 HRTO 446

David Muir

HRTOHuman Rights Tribunal of OntarioApr 3, 2009

Tribunal rescinded premature order disposing of application after one respondent failed to sign settlement agreement.

The applicant and respondents agreed to settle a human rights application during mediation.

The Tribunal prematurely issued an order finally disposing of the application before receiving the signed Minutes of Settlement.

One of the personal respondents failed to sign the agreement or pay his portion.

Lisa Weitzmann v. Reliant Home Warranty Corporation, 2009 HRTO 387

David Muir

HRTOHuman Rights Tribunal of OntarioMar 26, 2009

Request for reconsideration dismissed as the underlying decision denying an amendment was not a final decision.

The applicant requested reconsideration of an interim decision that denied his request to amend his human rights application to add a new ground of discrimination.

The Tribunal considered whether the decision was a 'final decision' under Rule 25.1 of the Tribunal's Rules of Procedure.

The Tribunal found that the decision did not deprive the applicant of any prospect of a remedy against the respondent and did not dispose of the entirety of the complaint.

Therefore, it was not a final decision and could not be the subject of a reconsideration request.

The request for reconsideration was dismissed.

Forrest v. Ontario Lottery and Gaming Corporation, 2009 HRTO 354

David Muir

HRTOHuman Rights Tribunal of OntarioMar 23, 2009

Application alleging sexual orientation discrimination dismissed; reduction in shifts was due to lack of work.

The Tribunal found that the reduction in the applicant's shifts was due to a significant decline in available work during the winter months, not her sexual orientation.

The Tribunal also dismissed the allegation of a poisoned work environment, finding that brief co-worker gossip and a friendly conversation with a manager did not constitute a poisoned environment.

The application was dismissed.

Firth v. Sidana, 2009 HRTO 340

David Muir

In Private Practice5 cases2008–2023

Human rights application dismissed for excessive delay not justified by medical evidence of incapacity.

The applicant filed a human rights complaint alleging racial discrimination and harassment by his employer and supervisors, more than seven years after the alleged incidents.

The respondents requested early dismissal of the application due to the delay.

The applicant argued the delay was caused by his mental disability and lack of legal representation.

The application was dismissed.

Persad v. Toronto Transit Commission, 2009 HRTO 325

Paul Stern

Christopher Thompson

3 cases2009–2010

David Muir

Human rights applications by former Justice of the Peace dismissed for delay and abuse of process.

The applicant, a former Justice of the Peace, filed two human rights applications alleging discrimination on the basis of race and related grounds.

The Tribunal dismissed the first application as out of time, noting a delay of over three years without a reasonable explanation.

Jogendra v. Ontario (Attorney General), 2009 HRTO 322

David Muir

HRTOHuman Rights Tribunal of OntarioMar 11, 2009

Tribunal allows late-filed sex discrimination claim due to internal resolution efforts but dismisses unpleaded disability claim.

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

The respondents raised preliminary issues, seeking to dismiss the application for being out of time and to dismiss the disability claim for lack of pleaded facts.

The Tribunal denied the request to dismiss the entire application, finding the applicant had engaged in a good faith attempt to resolve the issues internally before filing.

However, the Tribunal dismissed the disability claim because the complaint contained no facts to support it.

The Tribunal also removed a deceased individual as a respondent on consent.

Allen v. Mississauga (City), 2009 HRTO 274

David Muir

HRTOHuman Rights Tribunal of OntarioMar 5, 2009

Human rights application alleging racial harassment and discriminatory termination dismissed due to lack of credible evidence.

The applicant, a Black African woman, alleged she experienced a poisoned work environment due to racial harassment and was terminated while on sick leave.

The Tribunal found the applicant's evidence regarding racial name-calling and harassment lacked detail and was contradicted by the respondents' evidence.

The Tribunal also found that the applicant was not terminated due to her sick leave, but rather quit because she did not want to work the available evening shifts.

The application was dismissed.

Ajayi v. Roxboro Business Services, 2009 HRTO 244

David Muir