David Muir

HRTOHuman Rights Tribunal of OntarioDec 10, 2008

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

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

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

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

Monk v. System Sensor Canada, 2008 HRTO 382

David Muir

Tribunal issues final deadline for respondent to file response after failing to attend mediation.

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

The respondent failed to file a response and did not attend mediation.

The Tribunal issued an interim decision warning the respondent that failure to participate could lead to orders against them without further notice.

The respondent was given a final deadline of December 24, 2008, to file a response with an explanation for the delay.

Smolak v. 1636764 Ontario, 2008 HRTO 379

David Muir

Tribunal accepted late-filed Response and issued procedural directions for case resolution conference.

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

In a previous interim decision, the Tribunal directed the respondents to file a Response and explain their delay.

The respondents subsequently filed their Response.

The Tribunal accepted the filing and directed the parties to exchange statements of additional facts, remedies sought, and arguably relevant documents in preparation for a case resolution conference.

Philip Streeter v. HR Technologies Inc. and Richard Booth, 2008 HRTO 377

David Muir

HRTOHuman Rights Tribunal of OntarioDec 8, 2008

Four human rights applications alleging family status discrimination consolidated for mediation.

The applicants filed four separate applications alleging discrimination on the basis of family status in the areas of accommodation, services, goods, and facilities against a condominium corporation and a property management company.

The Tribunal issued an interim decision ordering that the four applications proceed together for the purposes of mediation, as they involve identical facts and raise similar legal issues.

Liu v. Metropolitan Toronto Condominium Corporation No. 541, 2008 HRTO 373

David Muir

HRTOHuman Rights Tribunal of OntarioDec 5, 2008

Human rights application deferred pending outcome of grievance arbitration on same subject matter.

The respondents requested a deferral of the human rights application pending the outcome of a grievance arbitration on the same subject matter.

The applicant and the trade union agreed to the deferral.

The Tribunal found that the issues in the application and the grievance arbitration were largely indistinguishable and that the arbitrator had the power to enforce human rights obligations.

The Tribunal granted the request and deferred the application pending the conclusion of the arbitration.

Patrick Quinn v. Community Living Essex County, 2008 HRTO 371

David Muir

HRTOHuman Rights Tribunal of OntarioDec 4, 2008

Human rights application deferred pending the conclusion of an ongoing grievance arbitration concerning the same issues.

The applicant filed a human rights application alleging discrimination in employment on the basis of age, colour, ethnic origin, and race after being denied a job coach position.

The respondents requested that the application be deferred because a grievance arbitration concerning the same job selection process was already underway.

The Tribunal found that the substance of the human rights complaint was largely indistinguishable from the grievance and that the arbitration proceeding should conclude first.

The application was deferred pending the conclusion of the arbitration.

Chinedu Egwuenu v. Toronto Catholic District School Board, Adrian Della Morra, Bob Dubniak and Linda Moynagh, 2008 HRTO 358

David Muir

HRTOHuman Rights Tribunal of OntarioDec 3, 2008

Tribunal directed parties to provide written submissions regarding the relevance of requested documents.

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

In advance of a scheduled Case Resolution Conference to address preliminary matters, the applicant requested certain documents from the respondents.

When the parties could not resolve the document production issues, the applicant requested an order directing the respondents to provide the material.

The Tribunal directed the applicant to provide written submissions explaining the relevance of the requested documents to the preliminary issues, and directed the respondents to provide responding submissions.

Jogendra v. Ontario (Attorney General), 2008 HRTO 340

David Muir

Mediation cancelled and document exchange ordered after respondent refused to participate in scheduled mediation.

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

The respondent refused to participate in the scheduled mediation.

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

Thomas Glen Currie v. Medical Pharmacies Group Inc., 2008 HRTO 284

David Muir

Human rights application deemed abandoned after applicant refused to attend case resolution conference.

The applicant filed a transitional application under section 53(3) of the Human Rights Code but subsequently refused to provide dates for or attend a case resolution conference, citing work commitments.

The Tribunal had previously directed the applicant to provide availability or face abandonment of the application.

As the applicant failed to comply and insisted on a written process for a case requiring oral evidence, the Tribunal deemed the application abandoned and closed the file.

Gerard King v. Xpedx Canada, 2008 HRTO 283

David Muir

HRTOHuman Rights Tribunal of OntarioNov 17, 2008

Two human rights applications arising from the same facts consolidated for the purposes of mediation.

The applicant filed two applications under section 53(3) of the Human Rights Code alleging discrimination in employment and vocational associations on the basis of colour and race.

The Tribunal found that the applications arose out of the same 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.

Koech v. Cargill Meat Solutions, 2008 HRTO 274

David Muir

HRTOHuman Rights Tribunal of OntarioNov 13, 2008

Tribunal directed that respondent's preliminary request for early dismissal be addressed prior to mediation.

The applicant filed a transitional application under section 53(3) of the Human Rights Code regarding special education programs and services.

The respondent sought early dismissal of the application, arguing the claims were fully adjudicated in a prior proceeding and that the local school board was the proper respondent.

The Tribunal exercised its discretion to alter the standard process of early mediation, directing that the respondent's preliminary request for early dismissal be addressed first, and set a schedule for written submissions and a case resolution conference.

Blais v. Ontario (Education), 2008 HRTO 261

David Muir

Two human rights applications involving similar facts and issues consolidated for the purposes of mediation.

The applicant filed two human rights applications under section 53(3) of the Human Rights Code against her former employer and her bargaining agent, alleging discrimination on the basis of age and disability.

The Tribunal found that the applications involved substantially similar facts and legal issues.

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

Teske v. Canadian Union of Public Employees, 2008 HRTO 253

David Muir

Five human rights applications alleging age and sex discrimination consolidated for mediation.

Five applicants filed transitional applications under section 53(3) of the Human Rights Code alleging discrimination in contract and employment on the basis of age and sex against the same respondent.

The Tribunal found that the applications involved similar facts and legal issues.

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

Postans v. Sears Canada, 2008 HRTO 251

David Muir

HRTOHuman Rights Tribunal of OntarioNov 7, 2008

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

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

The respondents refused to participate in the scheduled mediation.

The Tribunal cancelled the mediation and issued a case management direction requiring the parties to exchange arguably relevant documents and prepare for a case resolution conference.

Kaj v. Orsini Bros. Inns, 2008 HRTO 240

David Muir

HRTOHuman Rights Tribunal of OntarioNov 5, 2008

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

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

The Tribunal scheduled a mediation, but the respondents refused to participate on the basis that settlement efforts had been exhausted.

The Tribunal cancelled the mediation and issued a case management direction, ordering the parties to exchange documents and provide available dates for a case resolution conference.

Green v. Ontario Healthy Communities Coalition, 2008 HRTO 226

David Muir

HRTOHuman Rights Tribunal of OntarioNov 4, 2008

Tribunal issues case management directions after respondents refuse mediation and fail to file Response.

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

The respondents refused to participate in the scheduled mediation, citing a previous unsuccessful mediation, and failed to file a Response within the required time limits.

The Tribunal cancelled the mediation and issued case management directions, warning the respondents that failure to file a Response could result in the Tribunal proceeding without them and deeming them to have accepted the allegations.

Arsenault v. ABC Consolidators International, 2008 HRTO 227

David Muir

HRTOHuman Rights Tribunal of OntarioOct 30, 2008

Three related age discrimination applications consolidated to proceed together for mediation.

Three applications were filed under section 53(3) of the Human Rights Code alleging age discrimination in employment.

The respondents raised preliminary objections that the substance of the applications had been dealt with in grievance arbitrations.

The Tribunal found that the applications involved substantially similar facts and legal issues, and ordered that they proceed together for the purposes of mediation.

Armstrong v. Leisureworld Caregiving Centres, 2008 HRTO 208

David Muir

Tribunal directs human rights applications to proceed together and schedules preliminary issues before mediation.

The applicant filed two transitional applications under section 53(3) of the Human Rights Code against her employer and her union.

The respondents raised preliminary objections, arguing the matters were resolved by settlement or dealt with by the Ontario Labour Relations Board.

The Tribunal directed that the applications proceed together and cancelled the scheduled mediation so that the preliminary issues could be addressed first.

Ababio v. Humber River Regional Hospital, 2008 HRTO 201

David Muir

Tribunal issues case management directions after respondents refuse mediation and fail to file a Response.

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

The respondents refused to participate in the scheduled mediation and failed to file a Response within the required time limits.

Danielle Firth v. Sidana Inc., Sidney Abram and Terry Taylor, 2008 HRTO 199

David Muir

HRTOHuman Rights Tribunal of OntarioOct 27, 2008

Tribunal cancelled mediation to hear preliminary objections after respondents refused to participate.

The applicant filed a transitional application under section 53(3) of the Human Rights Code alleging discrimination in employment on the basis of disability, and sought to amend the complaint to add record of offences.

The respondents refused to participate in the scheduled mediation and raised preliminary issues, including that the substance of the application had been dealt with in another proceeding.

The Tribunal exercised its discretion to cancel the mediation and directed the parties to file written submissions on the preliminary issues prior to scheduling a case resolution conference.

Ritchy Dubé v. Rockhaven Recovery Limited, 2008 HRTO 196

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Fred HoUnion representative
1 appearance
Insiya EssajeeCounsel
1 appearance
Anne GregoryCounsel
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

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

for The Ombudsman for the City of Toronto

Kwame AddoCounsel
1 appearance

for the Ontario College of Trades

Nicole McAuleyCounsel
1 appearance

for the Ontario Public Service Employees’ Union

Adrienne LiangCounsel
1 appearance

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

Adam GuyCounsel
1 appearance

for the respondent

Brian DalyCounsel
1 appearance

for the Respondent

Brenda BowlbyCounsel
5 appearances
Melanie HerbinCounsel
4 appearances
David PatacairkCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Steve LavenderCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Gordon FitzgeraldCounsel
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
Naomi MargoCounsel
1 appearance
Vivian BercoviciCounsel
1 appearance
Kerri KitchenCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance
Jeffrey NicholsonCounsel
1 appearance
Civity GauleyCounsel
1 appearance

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

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

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

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

Andy PushalikCounsel
1 appearance
Christine LeblancCounsel
1 appearance

for the Social Benefits Tribunal and Social Justice Tribunals of Ontario

Asad MotenCounsel
1 appearance

for the TPA respondents

Caroline v. (Nini) JonesCounsel
1 appearance

for the TPSB respondents

Omo AkintanCounsel
1 appearance

for the TPSOA respondents

Ian RolandCounsel
1 appearance

for the United Food and Commercial Workers Union, Local 175

Sandra ColeAgent
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for Toronto District School Board

Glorie AlfredCounsel
1 appearance

for Traders General Insurance Company

Mark DonaldsonCounsel
1 appearance

for University Health Network

Jacqueline SilveraAgent
1 appearance

for Waste Management of Canada Corporation

Seann D. McAleeseCounsel
1 appearance

for Wawanesa Mutual Insurance Company

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

for York Fire & Casualty Insurance Company

Jamie PollackCounsel
1 appearance

for York Region Standard Condominium Corporation #1253

Travis WalkerCounsel
1 appearance

for Zurich Insurance Company

Gregory P. HeckelCounsel
1 appearance

for Zurich Insurance Company (Commercial Business)

Jean-Claude RiouxCounsel
1 appearance

for Zurich North America Canada

Jennifer GuthCounsel
1 appearance
Melanie MalachCounsel
1 appearance

on her own behalf

Marilyn McMahon-AyerstSelf-represented
1 appearance

On her own behalf

Indira HansrajSelf-represented
1 appearance
Jody WilliamsSelf-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

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

David Muir

HRTOHuman Rights Tribunal of OntarioDec 10, 2008

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

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

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

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

Monk v. System Sensor Canada, 2008 HRTO 382

David Muir

Tribunal issues final deadline for respondent to file response after failing to attend mediation.

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

The respondent failed to file a response and did not attend mediation.

The Tribunal issued an interim decision warning the respondent that failure to participate could lead to orders against them without further notice.

The respondent was given a final deadline of December 24, 2008, to file a response with an explanation for the delay.

Smolak v. 1636764 Ontario, 2008 HRTO 379

David Muir

Tribunal accepted late-filed Response and issued procedural directions for case resolution conference.

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

In a previous interim decision, the Tribunal directed the respondents to file a Response and explain their delay.

The respondents subsequently filed their Response.

The Tribunal accepted the filing and directed the parties to exchange statements of additional facts, remedies sought, and arguably relevant documents in preparation for a case resolution conference.

Philip Streeter v. HR Technologies Inc. and Richard Booth, 2008 HRTO 377

David Muir

HRTOHuman Rights Tribunal of OntarioDec 8, 2008

Four human rights applications alleging family status discrimination consolidated for mediation.

The Tribunal issued an interim decision ordering that the four applications proceed together for the purposes of mediation, as they involve identical facts and raise similar legal issues.

Liu v. Metropolitan Toronto Condominium Corporation No. 541, 2008 HRTO 373

David Muir

HRTOHuman Rights Tribunal of OntarioDec 5, 2008

Human rights application deferred pending outcome of grievance arbitration on same subject matter.

The respondents requested a deferral of the human rights application pending the outcome of a grievance arbitration on the same subject matter.

The applicant and the trade union agreed to the deferral.

The Tribunal found that the issues in the application and the grievance arbitration were largely indistinguishable and that the arbitrator had the power to enforce human rights obligations.

The Tribunal granted the request and deferred the application pending the conclusion of the arbitration.

Patrick Quinn v. Community Living Essex County, 2008 HRTO 371

David Muir

HRTOHuman Rights Tribunal of OntarioDec 4, 2008

Human rights application deferred pending the conclusion of an ongoing grievance arbitration concerning the same issues.

The applicant filed a human rights application alleging discrimination in employment on the basis of age, colour, ethnic origin, and race after being denied a job coach position.

The respondents requested that the application be deferred because a grievance arbitration concerning the same job selection process was already underway.

The Tribunal found that the substance of the human rights complaint was largely indistinguishable from the grievance and that the arbitration proceeding should conclude first.

The application was deferred pending the conclusion of the arbitration.

Chinedu Egwuenu v. Toronto Catholic District School Board, Adrian Della Morra, Bob Dubniak and Linda Moynagh, 2008 HRTO 358

David Muir

HRTOHuman Rights Tribunal of OntarioDec 3, 2008

Tribunal directed parties to provide written submissions regarding the relevance of requested documents.

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

In advance of a scheduled Case Resolution Conference to address preliminary matters, the applicant requested certain documents from the respondents.

When the parties could not resolve the document production issues, the applicant requested an order directing the respondents to provide the material.

Jogendra v. Ontario (Attorney General), 2008 HRTO 340

David Muir

Mediation cancelled and document exchange ordered after respondent refused to participate in scheduled mediation.

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

The respondent refused to participate in the scheduled mediation.

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

Thomas Glen Currie v. Medical Pharmacies Group Inc., 2008 HRTO 284

David Muir

Human rights application deemed abandoned after applicant refused to attend case resolution conference.

The Tribunal had previously directed the applicant to provide availability or face abandonment of the application.

As the applicant failed to comply and insisted on a written process for a case requiring oral evidence, the Tribunal deemed the application abandoned and closed the file.

Gerard King v. Xpedx Canada, 2008 HRTO 283

David Muir

HRTOHuman Rights Tribunal of OntarioNov 17, 2008

Two human rights applications arising from the same facts consolidated for the purposes of mediation.

The applicant filed two applications under section 53(3) of the Human Rights Code alleging discrimination in employment and vocational associations on the basis of colour and race.

The Tribunal found that the applications arose out of the same 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.

Koech v. Cargill Meat Solutions, 2008 HRTO 274

David Muir

HRTOHuman Rights Tribunal of OntarioNov 13, 2008

Tribunal directed that respondent's preliminary request for early dismissal be addressed prior to mediation.

The applicant filed a transitional application under section 53(3) of the Human Rights Code regarding special education programs and services.

The respondent sought early dismissal of the application, arguing the claims were fully adjudicated in a prior proceeding and that the local school board was the proper respondent.

Blais v. Ontario (Education), 2008 HRTO 261

David Muir

Two human rights applications involving similar facts and issues consolidated for the purposes of mediation.

The Tribunal found that the applications involved substantially similar facts and legal issues.

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

Teske v. Canadian Union of Public Employees, 2008 HRTO 253

David Muir

Five human rights applications alleging age and sex discrimination consolidated for mediation.

The Tribunal found that the applications involved similar facts and legal issues.

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

Postans v. Sears Canada, 2008 HRTO 251

David Muir

HRTOHuman Rights Tribunal of OntarioNov 7, 2008

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

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

The respondents refused to participate in the scheduled mediation.

The Tribunal cancelled the mediation and issued a case management direction requiring the parties to exchange arguably relevant documents and prepare for a case resolution conference.

Kaj v. Orsini Bros. Inns, 2008 HRTO 240

David Muir

HRTOHuman Rights Tribunal of OntarioNov 5, 2008

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

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

The Tribunal scheduled a mediation, but the respondents refused to participate on the basis that settlement efforts had been exhausted.

The Tribunal cancelled the mediation and issued a case management direction, ordering the parties to exchange documents and provide available dates for a case resolution conference.

Green v. Ontario Healthy Communities Coalition, 2008 HRTO 226

David Muir

HRTOHuman Rights Tribunal of OntarioNov 4, 2008

Tribunal issues case management directions after respondents refuse mediation and fail to file Response.

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

The respondents refused to participate in the scheduled mediation, citing a previous unsuccessful mediation, and failed to file a Response within the required time limits.

Arsenault v. ABC Consolidators International, 2008 HRTO 227

David Muir

HRTOHuman Rights Tribunal of OntarioOct 30, 2008

Three related age discrimination applications consolidated to proceed together for mediation.

Three applications were filed under section 53(3) of the Human Rights Code alleging age discrimination in employment.

The respondents raised preliminary objections that the substance of the applications had been dealt with in grievance arbitrations.

The Tribunal found that the applications involved substantially similar facts and legal issues, and ordered that they proceed together for the purposes of mediation.

Armstrong v. Leisureworld Caregiving Centres, 2008 HRTO 208

David Muir

Tribunal directs human rights applications to proceed together and schedules preliminary issues before mediation.

The applicant filed two transitional applications under section 53(3) of the Human Rights Code against her employer and her union.

The respondents raised preliminary objections, arguing the matters were resolved by settlement or dealt with by the Ontario Labour Relations Board.

The Tribunal directed that the applications proceed together and cancelled the scheduled mediation so that the preliminary issues could be addressed first.

Ababio v. Humber River Regional Hospital, 2008 HRTO 201

David Muir

Tribunal issues case management directions after respondents refuse mediation and fail to file a Response.

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

The respondents refused to participate in the scheduled mediation and failed to file a Response within the required time limits.

Danielle Firth v. Sidana Inc., Sidney Abram and Terry Taylor, 2008 HRTO 199

David Muir