David Muir

Human rights application dismissed under section 45.1 as OLRB previously determined termination was not pregnancy-related.

The applicant filed a human rights application alleging her employment was terminated due to her pregnancy.

The respondents brought a motion to dismiss the application under section 45.1 of the Human Rights Code, arguing the matter had already been dealt with in a proceeding under the Employment Standards Act.

The Ontario Labour Relations Board had previously held a hearing and concluded that the decision to terminate the applicant was not tainted by her pregnancy.

The Tribunal found that the OLRB proceeding appropriately dealt with the issues in dispute and dismissed the application.

Chen v. Harris Rebar, 2009 HRTO 227

David Muir

Human rights application withdrawn following full and final release and applicant's failure to respond.

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

The respondents provided correspondence evidencing the applicant's intent to withdraw the application following a full and final release.

The applicant did not respond to the Tribunal's notice.

The Tribunal granted leave to withdraw the application.

Garry Crimp v. Superfinish Co. Ltd. and Terry Bunting, 2009 HRTO 222

David Muir

Historical condominium rules restricting children's pool access and 'adult lifestyle' promotion violated family status protections.

The applicant, a resident of a condominium, alleged discrimination on the basis of age and family status regarding the use of shared recreational facilities, specifically age restrictions and limited 'family swim' hours for the pool.

The Tribunal found that while the current family swim hours were not discriminatory, the respondents' historical practices—including more restrictive hours, raising the unaccompanied access age, and promoting the building as 'adult lifestyle'—created an unwelcoming environment that violated the Human Rights Code.

The reprisal and age discrimination claims were dismissed.

The applicant was awarded $1,000 in general damages.

Dellostritto v. York Condominium Corporation No. 688, 2009 HRTO 221

David Muir

Tribunal ordered two human rights applications with identical facts to proceed together for mediation.

The applicants filed two applications under section 53(3) of the Human Rights Code.

The Tribunal noted that the applications involved virtually identical facts and raised similar legal issues.

To ensure a fair, just, and highly expeditious process, the Tribunal ordered that the applications proceed together for the purposes of mediation and directed the parties to provide available dates.

Griffith v. Ajax-Pickering Dolphins Minor Football Club, 2009 HRTO 212

David Muir

Human rights application withdrawn with leave of the Tribunal.

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

The Tribunal granted leave and the application was withdrawn.

Michelle Stoltz v. Estate of David Parsons and Marlene Parsons, 2009 HRTO 211

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 25, 2009

Human rights application alleging poisoned work environment dismissed due to vague and unconvincing evidence.

The applicant alleged he experienced a poisoned work environment due to incessant racial name calling by co-workers.

The Tribunal found the applicant's evidence regarding the alleged name calling to be vague and unconvincing.

The application was dismissed as the applicant failed to establish on a balance of probabilities that his work environment was poisoned.

Capetola v. Elevator Components Industries, 2009 HRTO 201

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 24, 2009

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

The applicant requested a reconsideration of a decision dismissing his human rights application.

The Tribunal reviewed the request under Rule 25.5 of its Rules of Procedure.

The applicant raised new factual allegations, but the Tribunal found they were not relevant to the issues determined in the original decision and could have been disclosed earlier.

Finding no grounds that outweighed the public interest in the finality of decisions, the Tribunal dismissed the request for reconsideration.

Ritchie Dube v. Rockhaven Recovery Limited, 2009 HRTO 197

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 20, 2009

Human rights application dismissed; employer met duty to accommodate employee who denied alcohol addiction.

The applicant alleged discrimination in employment on the basis of disability, claiming the respondents failed to accommodate him and terminated his employment.

The respondents asserted the applicant was terminated for repeatedly violating a workplace rule prohibiting attendance under the influence of alcohol.

The Tribunal found that while the respondents suspected an alcohol problem and offered assistance, the applicant denied having a disability and refused accommodation.

The Tribunal concluded the respondents met their duty to accommodate and dismissed the application.

Cudmore v. Inter Cap Industries, 2009 HRTO 174

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 19, 2009

Application against personal respondent withdrawn with leave of the Tribunal.

The applicant filed a human rights application against a corporate respondent and two personal respondents.

The corporate respondent advised it could not accept service for one of the personal respondents, Paul Boyd, as he no longer worked there.

The Tribunal directed the applicant to serve him directly or advise if she wished to withdraw against him.

The applicant advised she did not wish to proceed against Mr. Boyd.

The Tribunal granted leave to withdraw the application against Mr. Boyd.

McCreary v. 407994 Ontario, 2009 HRTO 175

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 18, 2009

Tribunal issued an interim decision setting a final deadline for respondents to file their Responses.

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

The respondents failed to file their Responses within the 35-day period.

The Tribunal issued an interim decision warning the respondents that failure to file Responses by a specified deadline could result in the Tribunal proceeding without further notice and deeming them to have accepted the allegations.

Edwards v. Neoset Canada, 2009 HRTO 173

David Muir

Request for second document production order denied as previous order was clear and unambiguous.

The respondents requested a second order for the production of the applicant's medical records, arguing that the applicant had unduly narrowed the scope of a previous production order to only records relating to a flu or cold.

The Tribunal agreed that the applicant had construed the prior order too narrowly, clarifying that it captured all records created by medical practitioners in relation to his health condition in the month before or after the date of the alleged intoxication.

However, the Tribunal declined to issue a second order, finding that the previous order was clear and unambiguous.

Harry Dyal v. Toronto Transit Commission and Mike James, 2009 HRTO 134

David Muir

Tribunal grants respondent's request to release applicant's medical records to its legal department but defers disclosure issues.

The respondents in a human rights application brought preliminary requests for orders.

The Tribunal granted the corporate respondent's request to release the applicant's medical documentation from its Employee Health Services Division to its legal department, noting the applicant did not object.

The Tribunal refused the respondents' request to order the applicant to immediately provide detailed particulars and documents, deferring the issue of compliance with disclosure rules to the Case Resolution Conference.

Other preliminary issues regarding timeliness and a deceased respondent were also deferred.

Allen v. Mississauga (City), 2009 HRTO 122

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 2, 2009

Applicant ordered to produce documents regarding subsequent employment relevant to respondents' defence of unavailability.

The respondents in a human rights application alleging employment discrimination based on sexual orientation requested the production of documents relating to the applicant's subsequent employment delivering mail.

The respondents argued the applicant stopped being scheduled for work because she made herself unavailable after obtaining other employment.

The Tribunal ordered the applicant to produce time sheets or invoices indicating the dates she worked delivering mail from December 2007 through 2008, finding the information arguably relevant to the respondents' defence.

Firth v. Sidana, 2009 HRTO 108

David Muir

HRTOHuman Rights Tribunal of OntarioJan 27, 2009

Request to reconsider refusal to amend human rights application dismissed.

The applicant sought to amend his human rights application by adding a new ground of discrimination, which the Tribunal previously refused.

The applicant filed reply submissions, asking that they be considered on the request to amend or as a request for reconsideration.

The Tribunal found that nothing in the reply submissions supported a different conclusion, as the Code requires transitional applications to be based on the subject-matter of the original complaint filed with the Commission.

The request for reconsideration was dismissed.

Gerald Forrest v. Ontario Lottery and Gaming Corporation, 2009 HRTO 92

David Muir

HRTOHuman Rights Tribunal of OntarioJan 19, 2009

Human rights application withdrawn with leave of the Tribunal.

The applicant filed an application under section 53(3) of the Human Rights Code and subsequently requested leave to withdraw it.

The respondents made no submissions on the request.

The Tribunal granted leave and the application was withdrawn.

Wohl v. Commissionaires – Great Lakes, 2009 HRTO 62

David Muir

Human rights application dismissed as an abuse of process due to previously signed releases.

The applicant filed a human rights application alleging discrimination following his termination from employment.

The respondents requested early dismissal on the basis that the applicant had signed two releases in their favour, one at the time of termination and another to settle a Small Claims Court wrongful dismissal action.

The Tribunal found that the applicant had signed the releases without duress and had failed to disclose his human rights complaint during the Small Claims Court settlement.

The Tribunal concluded that allowing the application to proceed would be manifestly unfair to the respondents and an abuse of process under section 23(1) of the Statutory Powers Procedure Act.

The application was dismissed.

Dube v. Rockhaven Recovery, 2009 HRTO 53

David Muir

Mediation cancelled and case management directions issued after respondents refused to attend mediation.

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

The respondents indicated they did not wish to attend mediation.

The Tribunal cancelled the scheduled mediation and issued case management directions requiring the parties to exchange statements of facts and arguably relevant documents in preparation for a Case Resolution Conference.

Djoro Garandi v. Her Majesty the Queen in right of Ontario as represented by the Ontario Human Rights Commission and Peter Benesch, 2009 HRTO 52

David Muir

Tribunal allows amendment to add family status ground to transitional human rights application.

The applicant sought to amend her human rights application to add family status as a ground of discrimination, alleging she was prevented from registering for a soccer club as a reprisal for her parents' previous complaints.

The respondents objected to the amendment and sought to transfer the matter to Part IV of the Code, as well as to remove an individual respondent and the reprisal ground.

The Tribunal allowed the amendment to add family status, finding no prejudice to the respondents, and dismissed the respondents' preliminary requests, directing that the remaining issues be addressed at the case resolution conference.

Williams v. Ottawa Internationals Soccer, 2009 HRTO 48

David Muir

Request to amend transitional human rights application to add age discrimination denied due to unexplained delay.

The applicant filed a transitional application under s. 53(3) of the Human Rights Code based on a 2006 complaint alleging discrimination in employment on the basis of disability.

In December 2008, the applicant sought to amend the application to add a new ground of discrimination based on age.

The Tribunal dismissed the request to amend, noting that the new ground would require a new factual foundation and cause delay.

Under the Transitional Application Rules, preliminary requests to add grounds are not normally entertained unless necessary to ensure a fair, just, and highly expeditious process.

Given the unexplained delay of over two years, the Tribunal found the amendment was not necessary and rejected the request.

Forrest v. Ontario Lottery and Gaming Corporation, 2009 HRTO 47

David Muir

HRTOHuman Rights Tribunal of OntarioJan 13, 2009

Tribunal issues case management directions for mediation and preliminary dismissal requests in transitional human rights applications.

The applicant filed two transitional applications under section 53(3) of the Human Rights Code against his former employer and his trade union, alleging discrimination on the basis of sex, sexual solicitation, and reprisal regarding the termination of his employment.

The Tribunal issued an interim decision directing that the applications proceed together for the purposes of mediation.

The Tribunal also issued case management directions regarding the proper service of certain individual respondents and set a schedule for submissions on the respondents' preliminary requests to dismiss the applications.

Bruce v. Ontario Secondary School Teacher’s Federation, 2009 HRTO 38

Applicant

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for Allianz Insurance Company of Canada

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1 appearance
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Alexandros KakanisSelf-represented
1 appearance
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1 appearance
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1 appearance
Zafar SultanSelf-represented
1 appearance

for Homewood Health Centre and Edgardo Perez

Charlotte BurkhardtAgent
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for ING Halifax Insurance Company

Doug WallaceCounsel
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for ING-Halifax Insurance Company

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Manfred DietrechAgent
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Kerri KnudsonCounsel
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for Legal Aid Ontario

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for Liberty Mutual Insurance Company

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for Lombard General Insurance Company of Canada

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Fil FalboUnion representative
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Dave SteeleUnion representative
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for the applicant

Nancy GrangerCounsel
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1 appearance

for the Applicant

Wayne FerronSelf-represented
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Cecil NormanAgent
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Peggy HarrypersadSelf-represented
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Sandra McArthur-CalhounSelf-represented
4 appearances
Nohemy CunninghamSelf-represented
4 appearances
Self-representedSelf-represented
4 appearances
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3 appearances
Andrew L. LukachkoSelf-represented
3 appearances
Robert CameronSelf-represented
3 appearances
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3 appearances
Clive RoySelf-represented
3 appearances
John R. EvansCounsel
3 appearances
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3 appearances
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3 appearances
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3 appearances
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3 appearances
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2 appearances
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2 appearances
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2 appearances
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2 appearances

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Yu-Sung SohCounsel
1 appearance

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Self-representedSelf-represented
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Qiying JinSelf-represented
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Eli GedalofCounsel
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Glenn ChuCounsel
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1 appearance

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

Sandra JohnsonSelf-represented
1 appearance
Stephen RobinsonSelf-represented
1 appearance
Jon CannSelf-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
David PatacairkCounsel
4 appearances
Roy FilionCounsel
4 appearances
Melanie HerbinCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Andrew ZabrovskyCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Greg BullenCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Steve LavenderCounsel
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
Mireille KhoraychCounsel
1 appearance
Mark JosslynCounsel
1 appearance
Jenifer RichardsCounsel
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
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Melanie Borowicz-SibenikCounsel
1 appearance
Katherine PollockCounsel
1 appearance
Steve WilliamsCounsel
1 appearance
Meredith GaydaCounsel
1 appearance
Paula M. RusakCounsel
1 appearance
Stephen ShortCounsel
1 appearance
Sheryl L. JohnsonCounsel
1 appearance
Michelle AltonCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance
Craig R. ColraineCounsel
1 appearance
David PatacairkCounsel
1 appearance
Wendy LopezCounsel
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

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

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

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

on his own behalf and as representative of the corporate respondent

Michael StanglSelf-represented
1 appearance

Representative

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

Human rights application dismissed under section 45.1 as OLRB previously determined termination was not pregnancy-related.

The applicant filed a human rights application alleging her employment was terminated due to her pregnancy.

The Ontario Labour Relations Board had previously held a hearing and concluded that the decision to terminate the applicant was not tainted by her pregnancy.

The Tribunal found that the OLRB proceeding appropriately dealt with the issues in dispute and dismissed the application.

Chen v. Harris Rebar, 2009 HRTO 227

David Muir

Human rights application withdrawn following full and final release and applicant's failure to respond.

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

The respondents provided correspondence evidencing the applicant's intent to withdraw the application following a full and final release.

The applicant did not respond to the Tribunal's notice.

The Tribunal granted leave to withdraw the application.

Garry Crimp v. Superfinish Co. Ltd. and Terry Bunting, 2009 HRTO 222

David Muir

Historical condominium rules restricting children's pool access and 'adult lifestyle' promotion violated family status protections.

The reprisal and age discrimination claims were dismissed.

The applicant was awarded $1,000 in general damages.

Dellostritto v. York Condominium Corporation No. 688, 2009 HRTO 221

David Muir

Tribunal ordered two human rights applications with identical facts to proceed together for mediation.

The applicants filed two applications under section 53(3) of the Human Rights Code.

The Tribunal noted that the applications involved virtually identical facts and raised similar legal issues.

To ensure a fair, just, and highly expeditious process, the Tribunal ordered that the applications proceed together for the purposes of mediation and directed the parties to provide available dates.

Griffith v. Ajax-Pickering Dolphins Minor Football Club, 2009 HRTO 212

David Muir

Human rights application withdrawn with leave of the Tribunal.

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

The Tribunal granted leave and the application was withdrawn.

Michelle Stoltz v. Estate of David Parsons and Marlene Parsons, 2009 HRTO 211

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 25, 2009

Human rights application alleging poisoned work environment dismissed due to vague and unconvincing evidence.

The applicant alleged he experienced a poisoned work environment due to incessant racial name calling by co-workers.

The Tribunal found the applicant's evidence regarding the alleged name calling to be vague and unconvincing.

The application was dismissed as the applicant failed to establish on a balance of probabilities that his work environment was poisoned.

Capetola v. Elevator Components Industries, 2009 HRTO 201

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 24, 2009

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

The applicant requested a reconsideration of a decision dismissing his human rights application.

The Tribunal reviewed the request under Rule 25.5 of its Rules of Procedure.

The applicant raised new factual allegations, but the Tribunal found they were not relevant to the issues determined in the original decision and could have been disclosed earlier.

Finding no grounds that outweighed the public interest in the finality of decisions, the Tribunal dismissed the request for reconsideration.

Ritchie Dube v. Rockhaven Recovery Limited, 2009 HRTO 197

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 20, 2009

Human rights application dismissed; employer met duty to accommodate employee who denied alcohol addiction.

The applicant alleged discrimination in employment on the basis of disability, claiming the respondents failed to accommodate him and terminated his employment.

The respondents asserted the applicant was terminated for repeatedly violating a workplace rule prohibiting attendance under the influence of alcohol.

The Tribunal found that while the respondents suspected an alcohol problem and offered assistance, the applicant denied having a disability and refused accommodation.

The Tribunal concluded the respondents met their duty to accommodate and dismissed the application.

Cudmore v. Inter Cap Industries, 2009 HRTO 174

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 19, 2009

Application against personal respondent withdrawn with leave of the Tribunal.

The applicant filed a human rights application against a corporate respondent and two personal respondents.

The corporate respondent advised it could not accept service for one of the personal respondents, Paul Boyd, as he no longer worked there.

The Tribunal directed the applicant to serve him directly or advise if she wished to withdraw against him.

The applicant advised she did not wish to proceed against Mr. Boyd.

The Tribunal granted leave to withdraw the application against Mr. Boyd.

McCreary v. 407994 Ontario, 2009 HRTO 175

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 18, 2009

Tribunal issued an interim decision setting a final deadline for respondents to file their Responses.

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

The respondents failed to file their Responses within the 35-day period.

Edwards v. Neoset Canada, 2009 HRTO 173

David Muir

Request for second document production order denied as previous order was clear and unambiguous.

However, the Tribunal declined to issue a second order, finding that the previous order was clear and unambiguous.

Harry Dyal v. Toronto Transit Commission and Mike James, 2009 HRTO 134

David Muir

Tribunal grants respondent's request to release applicant's medical records to its legal department but defers disclosure issues.

The respondents in a human rights application brought preliminary requests for orders.

Other preliminary issues regarding timeliness and a deceased respondent were also deferred.

Allen v. Mississauga (City), 2009 HRTO 122

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 2, 2009

Applicant ordered to produce documents regarding subsequent employment relevant to respondents' defence of unavailability.

The respondents argued the applicant stopped being scheduled for work because she made herself unavailable after obtaining other employment.

Firth v. Sidana, 2009 HRTO 108

David Muir

HRTOHuman Rights Tribunal of OntarioJan 27, 2009

Request to reconsider refusal to amend human rights application dismissed.

The applicant sought to amend his human rights application by adding a new ground of discrimination, which the Tribunal previously refused.

The applicant filed reply submissions, asking that they be considered on the request to amend or as a request for reconsideration.

The request for reconsideration was dismissed.

Gerald Forrest v. Ontario Lottery and Gaming Corporation, 2009 HRTO 92

David Muir

HRTOHuman Rights Tribunal of OntarioJan 19, 2009

Human rights application withdrawn with leave of the Tribunal.

The applicant filed an application under section 53(3) of the Human Rights Code and subsequently requested leave to withdraw it.

The respondents made no submissions on the request.

The Tribunal granted leave and the application was withdrawn.

Wohl v. Commissionaires – Great Lakes, 2009 HRTO 62

David Muir

Human rights application dismissed as an abuse of process due to previously signed releases.

The applicant filed a human rights application alleging discrimination following his termination from employment.

The Tribunal found that the applicant had signed the releases without duress and had failed to disclose his human rights complaint during the Small Claims Court settlement.

The Tribunal concluded that allowing the application to proceed would be manifestly unfair to the respondents and an abuse of process under section 23(1) of the Statutory Powers Procedure Act.

The application was dismissed.

Dube v. Rockhaven Recovery, 2009 HRTO 53

David Muir

Mediation cancelled and case management directions issued after respondents refused to attend mediation.

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

The respondents indicated they did not wish to attend mediation.

Djoro Garandi v. Her Majesty the Queen in right of Ontario as represented by the Ontario Human Rights Commission and Peter Benesch, 2009 HRTO 52

David Muir

Tribunal allows amendment to add family status ground to transitional human rights application.

The respondents objected to the amendment and sought to transfer the matter to Part IV of the Code, as well as to remove an individual respondent and the reprisal ground.

Williams v. Ottawa Internationals Soccer, 2009 HRTO 48

David Muir

Request to amend transitional human rights application to add age discrimination denied due to unexplained delay.

The applicant filed a transitional application under s. 53(3) of the Human Rights Code based on a 2006 complaint alleging discrimination in employment on the basis of disability.

In December 2008, the applicant sought to amend the application to add a new ground of discrimination based on age.

The Tribunal dismissed the request to amend, noting that the new ground would require a new factual foundation and cause delay.

Under the Transitional Application Rules, preliminary requests to add grounds are not normally entertained unless necessary to ensure a fair, just, and highly expeditious process.

Given the unexplained delay of over two years, the Tribunal found the amendment was not necessary and rejected the request.

Forrest v. Ontario Lottery and Gaming Corporation, 2009 HRTO 47

David Muir