David Muir

Request for document production denied as documents were not relevant to preliminary issues.

The applicant, a former Justice of the Peace, filed human rights applications alleging discrimination in employment.

Prior to a Case Resolution Conference to determine preliminary issues, the applicant requested an order for the production of documents.

The Tribunal dismissed the request, finding that the applicant failed to demonstrate how the requested documents were relevant to the preliminary issues, and noted that some requests were in the nature of discovery questions or raised issues of solicitor-client privilege.

Jogendra v. Ontario (Attorney General), 2009 HRTO 36

David Muir

Tribunal issued case management directions after respondent's response was returned as unclaimed mail.

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

In a prior interim decision, the Tribunal directed the respondent to deliver a response.

The respondent attempted delivery by registered mail, but it was returned as unclaimed.

The Tribunal issued further case management directions, indicating it would forward the material to the applicant by regular mail and setting deadlines for the delivery of additional facts and arguably relevant documents.

McPherson v. Hiuser, 2009 HRTO 33

David Muir

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

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

The Tribunal scheduled a mediation, but the respondents wrote to the Tribunal refusing to participate.

The Tribunal cancelled the mediation and issued case management directions requiring the parties to exchange documents and statements of facts in preparation for a case resolution conference.

Scott Everett Pawletzki v. Ashton Pools, Ponds & Spas Inc. and Jim Ashton, 2009 HRTO 30

David Muir

Tribunal directs two human rights applications to proceed together and orders submissions on settlement bar.

The applicant filed two human rights applications alleging discrimination in employment by his former employer on the basis of disability, and by his trade union for failing to represent him.

The Tribunal directed that the applications proceed together due to similar facts and legal issues.

The union raised a preliminary issue that the complaints were barred by a prior settlement.

The Tribunal issued case management directions for the parties to provide written submissions on whether the applications are barred under section 34(11)(b) or should be dismissed under section 45.1 of the Human Rights Code.

Baylet v. Universal Workers Union, 2009 HRTO 23

David Muir

Tribunal orders production of materials considered by transit appeal panel but denies request for panel members' notes.

The applicant, who alleges discrimination in services on the basis of disability regarding access to public transit, sought production of notes taken by members of the Mobility Plus Eligibility Appeal Panel and materials relied upon by the Panel.

The Tribunal denied the request for the Panel members' notes, finding them not arguably relevant to whether the decision or criteria were discriminatory.

However, the Tribunal ordered the respondent to produce any other documents or materials considered by the Appeal Panel that had not already been provided to the applicant.

Robyn Dalton v. Regional Municipality of York-York Region Transit (Mobility Plus), 2009 HRTO 22

David Muir

In Private Practice3 cases2009–2013

Tribunal directed submissions on whether to defer human rights application pending related grievance arbitrations.

The respondents requested an extension of time to file their Response and asked that the human rights application be deferred pending the completion of two related grievance arbitrations.

The Tribunal directed the parties to file written submissions on whether the application ought to be deferred under section 45 of the Human Rights Code, and granted the respondents 20 days to file their Response.

Donald Bower v. Toronto Community Housing Corporation, 2009 HRTO 21

George Leibbrandt

David Muir

Human rights application deferred pending conclusion of ongoing grievance arbitration dealing with identical harassment allegations.

The applicant, a teacher, filed a human rights application alleging a course of harassment by the respondent school board and individual respondents.

The respondents requested that the application be deferred pending the outcome of an ongoing grievance arbitration dealing with the same issues, and that parts of the application be dismissed for delay or because they were resolved by prior settlements.

The Tribunal deferred the application, finding that the grievance arbitration was dealing with indistinguishable facts and issues and should be allowed to conclude first.

The Tribunal declined to dismiss any parts of the application for delay or abuse of process at this preliminary stage, noting that the respondents could renew those requests if the application is re-opened after the arbitration.

Barbieri v. Hamilton-Wentworth District School Board, 2009 HRTO 12

David Muir

Tribunal orders submissions on deferral pending ESA proceeding and directs production of documents.

The applicant filed a human rights application and a parallel Employment Standards Act claim regarding her termination.

The Tribunal issued an interim decision directing the parties to provide submissions on whether the human rights application should be deferred pending the outcome of the ESA proceeding.

The Tribunal also ordered the applicant to produce relevant doctor's notes and earnings records, and ordered the Director of Employment Standards to produce a copy of the applicant's ESA claim.

Joanne Kaj v. Orsini Bros. Inns Inc. o/a Doubletree Resort Lodge and Spa, 2009 HRTO 11

David Muir

Employer ordered to provide last known addresses of individual respondents to facilitate service.

The applicant requested that the respondent employer provide the last known addresses of the individual respondents so she could serve them with the Application.

The employer refused without a Tribunal order.

The Tribunal ordered the employer to provide the addresses within five days and gave the applicant 30 days to serve the individual respondents, failing which the Tribunal would consider removing them as parties.

Grant v. Dura Automotive Systems of Canada, 2009 HRTO 10

David Muir

Request to add respondents denied as applicant failed to show exceptional circumstances for the delay.

The applicant filed a request to add two individual respondents to her human rights application, alleging they were employees of the corporate respondent who participated in the alleged Code breaches.

The Tribunal denied the request, noting that under section 53(3) of the Code, applications must be based on the subject-matter of the original complaint, and Rule 5.15 requires exceptional circumstances to add parties.

The applicant provided no explanation for the delay or why the individuals were not named in the original complaint, failing to establish exceptional circumstances.

Elizabeth Carlos v. 1174364 Ontario Ltd. and Manuel Ferreira, 2009 HRTO 9

David Muir

Interim remedy request declined due to procedural deficiencies and failure to schedule case resolution conference.

The applicant filed a request for an interim remedy seeking wage payments pending the resolution of her human rights application.

The Tribunal declined to consider the request because it was procedurally deficient, filed on the wrong form, lacked sworn declarations, and the applicant had failed to confirm her availability for a case resolution conference.

The Tribunal directed the parties to confirm their availability for a case resolution conference and permitted the applicant to renew her request at that time if done in accordance with the proper rules.

Elizabeth Lewis v. Markham Stouffville Hospital, 2009 HRTO 4

David Muir

HRTOHuman Rights Tribunal of OntarioDec 31, 2008

Tribunal ordered written submissions on whether to defer human rights application pending ongoing labour arbitration.

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

The respondents requested that the application be deferred because an ongoing labour arbitration proceeding concerned the same subject matter.

The Tribunal cancelled the scheduled mediation and ordered the parties to provide written submissions on whether the application should be deferred pursuant to section 45 of the Code.

Brown v. Loblaws Companies, 2008 HRTO 429

David Muir

HRTOHuman Rights Tribunal of OntarioDec 23, 2008

Mediation cancelled and case management directions issued after applicant refused to participate in mediation.

The applicant filed an application under section 53(3) of the Human Rights Code and subsequently refused to participate in the scheduled mediation.

The Tribunal cancelled the mediation and issued a case management direction, ordering the parties to exchange documents and prepare for a case resolution conference in accordance with the Tribunal's Rules of Procedure.

Mathurin v. University of Toronto, 2008 HRTO 422

David Muir

HRTOHuman Rights Tribunal of OntarioDec 22, 2008

Tribunal directs four identical human rights applications to proceed together for mediation.

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

The Tribunal noted that these applications were identical to two earlier applications involving the same respondents, except for the identity of the applicants.

To ensure a fair, just, and highly expeditious process, the Tribunal directed that all four applications proceed together for the purposes of mediation.

Baird v. Toronto (Police Services Board), 2008 HRTO 419

David Muir

Tribunal directs two related transitional human rights applications to proceed together for mediation.

The applicant filed two transitional applications under section 53(3) of the Human Rights Code alleging discrimination in employment on the basis of disability by his employer and his union.

The Tribunal issued an interim decision directing that the two applications proceed together for the purposes of mediation, as they arise out of similar circumstances and involve similar facts.

The Tribunal also clarified that a newly named individual could not be added as a respondent without exceptional circumstances.

Santonato v. United Food and Commercial Workers Union, 2008 HRTO 399

David Muir

Tribunal ordered submissions on whether to defer human rights application pending Police Services Act proceeding.

The respondents requested that the human rights application be deferred pending the completion of an ongoing proceeding under the Police Services Act that raised identical issues.

The Tribunal cancelled the scheduled mediation and ordered the parties to provide written submissions on whether the application ought to be deferred pursuant to section 45 of the Human Rights Code.

Nahid Siddique v. The Regional Municipality of York Police Services Board, 2008 HRTO 398

David Muir

Case management directions issued after parties failed to attend mediation and respondent failed to deliver Response.

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

The respondent filed a Response with the Tribunal but failed to deliver it to the applicant.

Neither party attended the scheduled mediation.

The Tribunal issued case management directions requiring the respondent to deliver the Response to the applicant and setting out a timeline for the exchange of documents and facts in preparation for a case resolution conference.

McPherson v. Hiuser, 2008 HRTO 397

David Muir

Two human rights applications against employer and union consolidated due to similar facts and issues.

The applicant filed two applications under section 53(3) of the Human Rights Code alleging discrimination in employment on the basis of disability, colour, race, ethnic origin, and place of origin against his employer and his union.

The Tribunal found that the applications involved similar facts and legal issues and ordered that they proceed together to ensure a fair, just, and highly expeditious process.

The parties were directed to provide available dates for mediation.

Smith v. Ford Motor Company of Canada, 2008 HRTO 387

David Muir

Tribunal ordered written submissions on whether human rights application should be stayed due to corporate bankruptcy proposal.

The applicant filed a human rights application against the respondents.

The corporate respondent made a proposal to creditors under the Bankruptcy and Insolvency Act, triggering an automatic stay of proceedings.

The Tribunal cancelled the scheduled mediation and issued case management directions for the parties to provide written submissions on whether the application should be stayed against the corporate respondent.

The Tribunal also directed the parties to locate a personal respondent who had left the corporate respondent's employ.

Mohamod Rijal v. Distinctive Designs Furniture Inc., 2008 HRTO 386

David Muir

Employment and Labour Law

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

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

The respondent refused to attend the scheduled mediation, stating it was unable to negotiate an individual settlement.

The Tribunal cancelled the mediation and issued case management directions, ordering the parties to exchange additional facts, arguably relevant documents, and positions on remedies in preparation for a case resolution conference.

Morrison v. Ontario (Health and Long Term Care), 2008 HRTO 385

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Ryan GoldvineCounsel
3 appearances
Louis SokolovCounsel
2 appearances
Cathy PikeCounsel
2 appearances
Emma PhillipsCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Fred HoUnion representative
1 appearance
Quadira JacksonCounsel
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
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

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

for the Respondent(s)

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

for the Respondents

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

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

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

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

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

Graham H. SmithAgent
1 appearance
Carla AdamsAgent
1 appearance

Respondent

Neal SommerCounsel
1 appearance
Kathryn J. BirdCounsel
1 appearance

Respondent Margaret Laurence Housing Co-operative Inc.

Luke SaitesCounsel
1 appearance

Respondent Natasha Silva

Cory WanlessCounsel
1 appearance

Self-represented

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

1,405

Decisions

Years active

Tribunals

6.4

cases/mo

HRTO1,306(93%)

OFSCDRS98(7%)

OLRB1(0%)

Decision types

motion

1271

trial

122

costs

appeal

Human Rights

Administrative Law

Other Tribunals

Statutory Accident Benefits Schedule matters (SABS)

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Workers' Compensation

David Muir

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

HRTO OFSCDRS OLRB

1,405

cases · 19 yrs · HRTO, OFSCDRS, OLRB

Trial

Motion

Costs

Appeal

Sentencing

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

David Muir

Request for document production denied as documents were not relevant to preliminary issues.

The applicant, a former Justice of the Peace, filed human rights applications alleging discrimination in employment.

Prior to a Case Resolution Conference to determine preliminary issues, the applicant requested an order for the production of documents.

Jogendra v. Ontario (Attorney General), 2009 HRTO 36

David Muir

Tribunal issued case management directions after respondent's response was returned as unclaimed mail.

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

In a prior interim decision, the Tribunal directed the respondent to deliver a response.

The respondent attempted delivery by registered mail, but it was returned as unclaimed.

McPherson v. Hiuser, 2009 HRTO 33

David Muir

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

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

The Tribunal scheduled a mediation, but the respondents wrote to the Tribunal refusing to participate.

The Tribunal cancelled the mediation and issued case management directions requiring the parties to exchange documents and statements of facts in preparation for a case resolution conference.

Scott Everett Pawletzki v. Ashton Pools, Ponds & Spas Inc. and Jim Ashton, 2009 HRTO 30

David Muir

Tribunal directs two human rights applications to proceed together and orders submissions on settlement bar.

The applicant filed two human rights applications alleging discrimination in employment by his former employer on the basis of disability, and by his trade union for failing to represent him.

The Tribunal directed that the applications proceed together due to similar facts and legal issues.

The union raised a preliminary issue that the complaints were barred by a prior settlement.

Baylet v. Universal Workers Union, 2009 HRTO 23

David Muir

Tribunal orders production of materials considered by transit appeal panel but denies request for panel members' notes.

The Tribunal denied the request for the Panel members' notes, finding them not arguably relevant to whether the decision or criteria were discriminatory.

However, the Tribunal ordered the respondent to produce any other documents or materials considered by the Appeal Panel that had not already been provided to the applicant.

Robyn Dalton v. Regional Municipality of York-York Region Transit (Mobility Plus), 2009 HRTO 22

David Muir

In Private Practice3 cases2009–2013

Tribunal directed submissions on whether to defer human rights application pending related grievance arbitrations.

The respondents requested an extension of time to file their Response and asked that the human rights application be deferred pending the completion of two related grievance arbitrations.

Donald Bower v. Toronto Community Housing Corporation, 2009 HRTO 21

George Leibbrandt

David Muir

Human rights application deferred pending conclusion of ongoing grievance arbitration dealing with identical harassment allegations.

The applicant, a teacher, filed a human rights application alleging a course of harassment by the respondent school board and individual respondents.

The Tribunal deferred the application, finding that the grievance arbitration was dealing with indistinguishable facts and issues and should be allowed to conclude first.

Barbieri v. Hamilton-Wentworth District School Board, 2009 HRTO 12

David Muir

Tribunal orders submissions on deferral pending ESA proceeding and directs production of documents.

The applicant filed a human rights application and a parallel Employment Standards Act claim regarding her termination.

The Tribunal issued an interim decision directing the parties to provide submissions on whether the human rights application should be deferred pending the outcome of the ESA proceeding.

The Tribunal also ordered the applicant to produce relevant doctor's notes and earnings records, and ordered the Director of Employment Standards to produce a copy of the applicant's ESA claim.

Joanne Kaj v. Orsini Bros. Inns Inc. o/a Doubletree Resort Lodge and Spa, 2009 HRTO 11

David Muir

Employer ordered to provide last known addresses of individual respondents to facilitate service.

The applicant requested that the respondent employer provide the last known addresses of the individual respondents so she could serve them with the Application.

The employer refused without a Tribunal order.

Grant v. Dura Automotive Systems of Canada, 2009 HRTO 10

David Muir

Request to add respondents denied as applicant failed to show exceptional circumstances for the delay.

The applicant provided no explanation for the delay or why the individuals were not named in the original complaint, failing to establish exceptional circumstances.

Elizabeth Carlos v. 1174364 Ontario Ltd. and Manuel Ferreira, 2009 HRTO 9

David Muir

Interim remedy request declined due to procedural deficiencies and failure to schedule case resolution conference.

The applicant filed a request for an interim remedy seeking wage payments pending the resolution of her human rights application.

Elizabeth Lewis v. Markham Stouffville Hospital, 2009 HRTO 4

David Muir

HRTOHuman Rights Tribunal of OntarioDec 31, 2008

Tribunal ordered written submissions on whether to defer human rights application pending ongoing labour arbitration.

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

The respondents requested that the application be deferred because an ongoing labour arbitration proceeding concerned the same subject matter.

The Tribunal cancelled the scheduled mediation and ordered the parties to provide written submissions on whether the application should be deferred pursuant to section 45 of the Code.

Brown v. Loblaws Companies, 2008 HRTO 429

David Muir

HRTOHuman Rights Tribunal of OntarioDec 23, 2008

Mediation cancelled and case management directions issued after applicant refused to participate in mediation.

The applicant filed an application under section 53(3) of the Human Rights Code and subsequently refused to participate in the scheduled mediation.

Mathurin v. University of Toronto, 2008 HRTO 422

David Muir

HRTOHuman Rights Tribunal of OntarioDec 22, 2008

Tribunal directs four identical human rights applications to proceed together for mediation.

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

The Tribunal noted that these applications were identical to two earlier applications involving the same respondents, except for the identity of the applicants.

To ensure a fair, just, and highly expeditious process, the Tribunal directed that all four applications proceed together for the purposes of mediation.

Baird v. Toronto (Police Services Board), 2008 HRTO 419

David Muir

Tribunal directs two related transitional human rights applications to proceed together for mediation.

The applicant filed two transitional applications under section 53(3) of the Human Rights Code alleging discrimination in employment on the basis of disability by his employer and his union.

The Tribunal issued an interim decision directing that the two applications proceed together for the purposes of mediation, as they arise out of similar circumstances and involve similar facts.

The Tribunal also clarified that a newly named individual could not be added as a respondent without exceptional circumstances.

Santonato v. United Food and Commercial Workers Union, 2008 HRTO 399

David Muir

Tribunal ordered submissions on whether to defer human rights application pending Police Services Act proceeding.

The respondents requested that the human rights application be deferred pending the completion of an ongoing proceeding under the Police Services Act that raised identical issues.

The Tribunal cancelled the scheduled mediation and ordered the parties to provide written submissions on whether the application ought to be deferred pursuant to section 45 of the Human Rights Code.

Nahid Siddique v. The Regional Municipality of York Police Services Board, 2008 HRTO 398

David Muir

Case management directions issued after parties failed to attend mediation and respondent failed to deliver Response.

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

The respondent filed a Response with the Tribunal but failed to deliver it to the applicant.

Neither party attended the scheduled mediation.

McPherson v. Hiuser, 2008 HRTO 397

David Muir

Two human rights applications against employer and union consolidated due to similar facts and issues.

The Tribunal found that the applications involved similar facts and legal issues and ordered that they proceed together to ensure a fair, just, and highly expeditious process.

The parties were directed to provide available dates for mediation.

Smith v. Ford Motor Company of Canada, 2008 HRTO 387

David Muir

Tribunal ordered written submissions on whether human rights application should be stayed due to corporate bankruptcy proposal.

The applicant filed a human rights application against the respondents.

The corporate respondent made a proposal to creditors under the Bankruptcy and Insolvency Act, triggering an automatic stay of proceedings.

The Tribunal also directed the parties to locate a personal respondent who had left the corporate respondent's employ.

Mohamod Rijal v. Distinctive Designs Furniture Inc., 2008 HRTO 386

David Muir