David Muir

Human rights application alleging modern music preference constitutes a creed dismissed for lack of jurisdiction.

The applicant filed a human rights application alleging discrimination in the provision of services on the basis of creed, claiming that the modern music played at the respondent's community centre was offensive to him as a lover of classical music.

The Tribunal issued a Notice of Intent to Dismiss to determine if the application fell within its jurisdiction.

Applying the Supreme Court's test for creed, the Tribunal found that the applicant's musical preferences, while sincerely held, had no religious component or connection to the divine.

The application was dismissed at a preliminary stage because it was plain and obvious that the claim did not relate to a ground of discrimination prohibited by the Human Rights Code.

Kowalewski v. Town of Smiths Falls Memorial Community Centre, 2016 HRTO 884

David Muir

Request for particulars prior to filing a Response denied; respondents directed to file Response.

The respondents in a human rights application alleging employment discrimination based on disability, sex, and sexual solicitation filed a Request for Order During Proceeding seeking further particulars before filing their Response.

The Tribunal denied the request, noting its general rule that respondents must file a complete Response before raising preliminary issues like particulars, absent exceptional circumstances.

The Tribunal found the application contained sufficient detail for the respondents to know the case against them and directed them to file their Response within 14 days.

Linda Weldon v. Horse Palace Riding Academy Inc., 2016 HRTO 883

David Muir

HRTOHuman Rights Tribunal of OntarioJun 20, 2016

Human rights application against Family Responsibility Office dismissed for lacking a reasonable prospect of success.

The applicant alleged discrimination with respect to services because of sex and family status, claiming the respondent failed to enforce a child support order against her former partner.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal found no evidence connecting the respondent's enforcement actions or delays to the applicant's sex or family status.

The application was dismissed.

McGuinness v. Ontario (Ministry of Community and Social Services), 2016 HRTO 832

Respondent's request for early production of applicant's occupational health file prior to filing Response denied.

The applicant filed a human rights application alleging discrimination based on disability and reprisal.

Before filing its Response, the respondent requested an order requiring the applicant to produce her occupational health file, arguing it was necessary to meaningfully respond.

The Tribunal denied the request, finding no exceptional circumstances to justify delaying the Response or granting early production of the documents, as the respondent had made its decisions based on the information available to it at the time.

Nancy Carson v. Children’s Hospital of Eastern Ontario, 2016 HRTO 798

David Muir

Applicant's request for expedited hearing denied; summary hearing directed to assess prospect of success.

The applicant filed a Request for Order During Proceeding seeking an expedited hearing and punitive action against the respondent's counsel.

The Tribunal denied the request, finding no justification for an expedited hearing and no evidence of inappropriate conduct by the respondent.

The Tribunal noted the applicant's own inappropriate allegations and reminded him of the obligation to act courteously.

Additionally, the Tribunal directed that a summary hearing be scheduled to determine whether the application should be dismissed for delay or for having no reasonable prospect of success.

Al Bagherian v. Seneca College of Applied Arts and Technology, 2016 HRTO 783

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed an application under section 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be outside its jurisdiction.

The applicant failed to respond to the NOID by the required deadline.

Consequently, the Tribunal deemed the application abandoned and dismissed it.

Omaro Rankine v. 1191 Birchmount Road Inc., 2016 HRTO 782

David Muir

HRTOHuman Rights Tribunal of OntarioJun 7, 2016

Request to add organizational respondent granted; request to remove individual respondents deferred pending further disclosure.

The respondent organization filed a Request for Order During Proceedings seeking to remove two individual respondents and be added as the sole respondent in an application alleging discrimination in employment on the basis of disability.

The Tribunal granted the request to add the organizational respondent but deferred the request to remove the individual respondents, as it was unclear from the respondents' pleadings who made the decision to dismiss the applicant.

Rampersad v. Consumer Debtor Protection of Canada, 2016 HRTO 775

David Muir

HRTOHuman Rights Tribunal of OntarioJun 6, 2016

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed an application under section 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss because it appeared the application may be outside its jurisdiction.

The applicant was directed to provide written submissions but failed to respond or communicate with the Tribunal.

Consequently, the Tribunal deemed the application abandoned and dismissed it.

William MacLeod v. Grame Mew, 2016 HRTO 767

David Muir

HRTOHuman Rights Tribunal of OntarioJun 3, 2016

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed an application under s. 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be outside its jurisdiction.

The applicant failed to respond to the NOID by the required deadline.

Consequently, the Tribunal deemed the application abandoned and dismissed it.

McGrath v. Jerseys Bar and Grill, 2016 HRTO 763

Amy Murakami

Practising Law - Employed15 cases2011–2024

David Muir

HRTOHuman Rights Tribunal of OntarioJun 2, 2016

Human rights application dismissed at summary hearing for lack of particulars and no reasonable prospect of success.

The applicant alleged discrimination by the respondent based on perceived mental illness, including denial of a housing worker and access to a women's shelter.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The applicant failed to provide particulars of her allegations despite being directed to do so.

The Tribunal dismissed the application, finding it consisted only of bald assertions with no reasonable prospect of success.

Rots v. City of Toronto, 2016 HRTO 747

David Muir

HRTOHuman Rights Tribunal of OntarioJun 1, 2016

Human rights application dismissed as abandoned after applicant failed to attend mediation or respond to Tribunal.

The applicant filed an application under section 34 of the Human Rights Code.

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to a Tribunal direction inquiring about his intentions with respect to the application.

The Tribunal deemed the application abandoned and dismissed it.

Iam Womack v. Kodiak Group Holdings Co., 2016 HRTO 746

David Muir

HRTOHuman Rights Tribunal of OntarioMay 31, 2016

Human rights application dismissed as the substance was already adjudicated by the Landlord and Tenant Board.

The applicant alleged discrimination in housing based on disability by the respondent landlord.

The Tribunal held a summary hearing to determine if the application should be dismissed under section 45.1 of the Human Rights Code, as the applicant and his roommate had previously brought similar allegations before the Landlord and Tenant Board (LTB).

The Tribunal found that the LTB had already appropriately dealt with the substance of the human rights allegations, concluding that the conflict stemmed from the applicant's conduct rather than harassment or discrimination.

The application was dismissed.

Dobson v. Boardwalk Rentals, 2016 HRTO 744

David Muir

HRTOHuman Rights Tribunal of OntarioMay 30, 2016

Tribunal finds breach of settlement for late policy delivery but orders no remedy absent damages.

The applicant filed an application under s. 45.9(3) of the Human Rights Code alleging the respondent breached their Minutes of Settlement by failing to deliver a revised human rights policy within 30 days.

The Tribunal found that the respondent inadvertently failed to deliver the policy, constituting a breach.

However, because the applicant eventually received the policy during the proceedings and failed to establish any damages flowing from the breach, the Tribunal declined to order any remedy.

Unis v. Cardinal Place, 2016 HRTO 738

David Muir

HRTOHuman Rights Tribunal of OntarioMay 25, 2016

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal direction.

The applicant filed an application under section 34 of the Human Rights Code.

The respondent sought early dismissal of the application.

The Tribunal directed the applicant to respond to the dismissal issues by a specified date, warning that failure to do so could result in the application being deemed abandoned.

The applicant failed to respond to the direction.

Consequently, the Tribunal found the application to be abandoned and dismissed it.

Lyne Brassard v. Paramount Property Management Inc., 2016 HRTO 709

David Muir

HRTOHuman Rights Tribunal of OntarioMay 13, 2016

Application dismissed as abandoned after the applicant failed to respond to Tribunal scheduling directions.

The applicant failed to respond to multiple Tribunal directions regarding the rescheduling of a hearing.

Despite being warned that failure to respond would result in the application being deemed abandoned under Rule 5.4 of the Tribunal's Rules of Procedure, the applicant did not confirm his availability or provide alternative dates.

The Tribunal deemed the application abandoned and dismissed it.

Nahirny v. Liquor Control Board of Ontario, 2016 HRTO 648

David Muir

HRTOHuman Rights Tribunal of OntarioMay 3, 2016

Request to amend Application granted on consent; request to add individual manager as respondent denied.

The applicant filed a Request for Order During Proceeding to amend the Application and add an individual manager as a respondent.

The respondent consented to the amendment subject to conditions, which the Tribunal granted.

The Tribunal denied the request to add the individual manager as a respondent, finding that the manager's actions were taken in the course of employment and there was no compelling juridical reason to add him as a party.

Joseph Romualdi v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services, 2016 HRTO 584

Jennifer Emmans

In Private Practice2 cases2016–2025

David Muir

HRTOHuman Rights Tribunal of OntarioApr 29, 2016

Request to remove respondents' counsel for alleged conflict of interest denied as based on pure supposition.

The applicant requested an interim remedy to remove the respondents' counsel, alleging a conflict of interest because the counsel's firm had previously been retained by a corporate entity involving one of the applicants ten years prior.

The Tribunal denied the request, finding it was based on pure supposition with no evidence that current counsel had any involvement or communication regarding the decade-old matter.

Bourdeau v. McLad Coffee Inc., 2016 HRTO 571

David Muir

HRTOHuman Rights Tribunal of OntarioApr 25, 2016

Applicant's request for procedural orders dismissed; directed to provide hearing dates or face abandonment.

The applicant filed a Request for Order During Proceeding seeking reasons for the Tribunal granting the respondents' request to reschedule the hearing, an order for unbound copies of documents, and a meeting to discuss accommodation procedures.

The Tribunal dismissed the Request, finding the rescheduling request was timely, the provision of documents in a binder was reasonable, and the applicant had not articulated specific accommodation needs.

The applicant was directed to respond to previous Tribunal correspondence regarding hearing dates, failing which the application would be dismissed as abandoned.

John Nahirny v. Liquor Control Board of Ontario and Ron Scarcello, 2016 HRTO 543

David Muir

Human rights application dismissed as abandoned after parties failed to file settlement confirmation or respond.

The applicant filed an application under s. 34 of the Human Rights Code.

The Tribunal was informed that the parties had settled the matter but had not filed a Form 25 confirming the settlement.

The Tribunal directed the parties to file the form or confirm an intention to proceed to a hearing, warning that failure to respond could result in the application being deemed abandoned.

Neither party responded to the correspondence.

The Tribunal deemed the application abandoned and dismissed it.

Robert Guilmette v. RLD Industries Ltd, 2016 HRTO 520

David Muir

Employment and Labour Law

Request to reactivate deferred application not processed due to applicant's failure to provide WSIAT decision.

The applicant filed a Request for Order During Proceeding to reactivate his human rights application, which had been deferred pending the conclusion of a Workplace Safety and Insurance Appeals Tribunal (WSIAT) proceeding.

The applicant failed to provide a copy of the WSIAT decision as required by the Tribunal's rules and indicated he would not do so until consulting with the Ombudsman.

The Tribunal directed that it would not process the request to reactivate the application until the applicant provided a copy of the WSIAT decision.

Kovarcsik v. Perpetual Properties Ltd., 2016 HRTO 519

Applicant

Alexandre PapouchineSelf-represented
1 appearance
Elisabeth MitchinsonSelf-represented
1 appearance
Hans FelixSelf-represented
1 appearance
Ignacio DrenicSelf-represented
1 appearance
Li Dong WangSelf-represented
1 appearance
Maria RotsSelf-represented
1 appearance
Misulki GleesonSelf-represented
1 appearance
Ochea SaundersSelf-represented
1 appearance
Randy BrideauSelf-represented
1 appearance
Richard BaniganSelf-represented
1 appearance
Ridha Bin SlamaSelf-represented
1 appearance
Robert MacKenzieSelf-represented
1 appearance
Rose LuliwaSelf-represented
1 appearance
Simone FranksonSelf-represented
1 appearance
Steven MayersSelf-represented
1 appearance
Tarek IbrahimSelf-represented
1 appearance
Valerie BelsitoSelf-represented
1 appearance
Wayne FerronSelf-represented
1 appearance

Counsel

Andrew CammanCounsel
1 appearance
Cynthia D. KontraCounsel
1 appearance
Doug McLeodCounsel
1 appearance
Emily McKernanCounsel
1 appearance
George LeibbrandtCounsel
1 appearance
Ian WerkerCounsel
1 appearance
Jason GreenCounsel
1 appearance
Leslie A. BrownCounsel
1 appearance
Megan Evans-MaxwellCounsel
1 appearance
Paul YoungCounsel
1 appearance
Simon BlackstoneCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance
Suzanne M. PorterCounsel
1 appearance

Counsel for Law Society of Upper Canada, Sharon Seenath and Bruce Dunsmuir

Delores M. BarbiniCounsel
1 appearance

Counsel for the Intervener Human Rights Legal Support Centre

Bay RyleyCounsel
1 appearance

Counsel for the Intervener Office of the Employer Advisor

Daryl SeupersadCounsel
1 appearance

Counsel for the Intervener Office of the Worker Advisor

Teresa A. GianfeliceCounsel
1 appearance

Counsel for the Intervener Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance

Counsel for the Respondent

Gurjit BrarCounsel
1 appearance

for Allan Rosenfeld

Mira NovellCounsel
1 appearance

for Allianz Insurance Company of Canada

Joan TakahashiCounsel
1 appearance
Andrew T. GrahamCounsel
1 appearance

for Allstate Insurance Company of Canada

Richard HorstCounsel
3 appearances
Todd J. McCarthyCounsel
3 appearances
William M. SproullCounsel
3 appearances
Donald HarveyCounsel
2 appearances
Colin S. JacksonCounsel
1 appearance
Grant R. DowCounsel
1 appearance

for Authentic Concierge & Security Services Inc. o/a Pillar Security Inc. and Gordon Bye

Subrata MajumdarParalegal
1 appearance

for Aviva Canada Inc.

Jean-Francois LaBergeCounsel
1 appearance
Frank BenedettoCounsel
1 appearance
Julie ParentCounsel
1 appearance
Robert H. RogersCounsel
1 appearance
Susan BromleyCounsel
1 appearance

for Bajwa Consultants Incorporated and Mohammad Maqsood Bajwa

Shiraz BajwaAgent
1 appearance

for Balan International, David Rong and Robin Fan

Jean-Alexandre De BousquetCounsel
1 appearance

for Belairdirect Insurance Company Inc., Barry Rosenthal, Carla Smith, Elvira De la Garza, Denise Beckles, Nicole Meaney, Judy Venables and Gloria Chabot, State Farm Insurance Respondents

Gina Saccoccia BrannanCounsel
1 appearance

for Belair Insurance Company Inc.

Richard F.L. RoseCounsel
1 appearance

for Bergel & Edson LLP

L. ClimansCounsel
1 appearance

for Canadian Union of Public Employees and its Local 4967

David SteeleCounsel
1 appearance

for CAW TCA Canada and Artis Snowe

Leon RideoutAgent
1 appearance

for Chrysler Canada

Christoper DunnCounsel
1 appearance

for Citadel General Assurance Company

Claude BlouinCounsel
2 appearances

for Coachman Insurance Company

Cary SchneiderCounsel
1 appearance

for Coast Mental Health

Peter MacTavishCounsel
1 appearance

for Communications, Energy and Paperworkers Union of Canada, Local 74

Jesse KuglerCounsel
1 appearance

for CUPE 4400, Anna Hutchison, Ann Cowan and Yolanda McLean

Christine DaviesCounsel
1 appearance

for Dale and Lessman LLP, Stikeman Elliot LLP and Ralph Steinberg

Adam PentalCounsel
1 appearance

for Dan Benedict Co-op Homes

Brent ForemanCounsel
1 appearance

for Domtar Inc.

Sarah CrossleyCounsel
1 appearance

for Donald Ebbs and Brian Lennox

Paul SternCounsel
1 appearance

for Drake International Inc.

Elizabeth SwanCounsel
1 appearance
Karen BockCounsel
1 appearance

for Dr. Meloff, Respondent

Andrew McCutcheonCounsel
1 appearance

for Dr. Niculina Margulies

Christopher HubbardCounsel
1 appearance
James MiglinCounsel
1 appearance

for Duka Property Management Inc.

Andrew HylandCounsel
1 appearance

for Echelon General Insurance Company

Jamie PollackCounsel
1 appearance

for Economical Mutual Insurance Company

Albert M. ConforziCounsel
1 appearance

for Erica Gallo

Kirsten DarelParalegal
1 appearance

for Expertech

Susan CrawfordCounsel
1 appearance

for Global Payments of Canada GP and Persila Vachon

Jason BehoeCounsel
1 appearance
Karoline ChanCounsel
1 appearance

for Guarantee Company of North America

Adrian WillsherCounsel
1 appearance

for HealthCare of Ontario Pension Plan

Catherine PollackCounsel
1 appearance
Marc RodrigueCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General, Michael Bryant and Kenneth Campbell

Christopher ThompsonCounsel
1 appearance

for herself

Ellen BowieSelf-represented
1 appearance
Eloise RobillardSelf-represented
1 appearance
Leslie StaddonSelf-represented
1 appearance

for himself

Alexandros KakanisSelf-represented
1 appearance
Alexios ParaskevopoulosSelf-represented
1 appearance
Sean RobillardSelf-represented
1 appearance
Zafar SultanSelf-represented
1 appearance

for Homewood Health Centre and Edgardo Perez

Charlotte BurkhardtAgent
1 appearance

for ING Halifax Insurance Company

Doug WallaceCounsel
1 appearance

for ING-Halifax Insurance Company

Chris BlomCounsel
1 appearance

for ING Insurance Company of Canada

Marla CoxCounsel
1 appearance
Talaal BondCounsel
1 appearance
Thomas PercivalCounsel
1 appearance

for Intersteam Technologies Inc., and Manfred Dietrich

Manfred DietrechAgent
1 appearance

for James Soutar

James SoutarSelf-represented
1 appearance

for Kingsway General Insurance Company

Catherine KorteCounsel
1 appearance
Kerri KnudsonCounsel
1 appearance

for Lakeridge Health

Jessica KearseyCounsel
1 appearance

for Legal Aid Ontario

Andrea DanonCounsel
1 appearance

for Liberty Mutual Insurance Company

Deborah G. NeilsonCounsel
2 appearances
Dwaine BurnsCounsel
1 appearance
George O. FrankCounsel
1 appearance
Michael J. HucklackCounsel
1 appearance
Michael J. HuclackCounsel
1 appearance
Wayne EdwardsCounsel
1 appearance

for Lombard General Insurance Company of Canada

Harry BrownCounsel
1 appearance

for Mazin & Rooz, Barristers and Solicitors

Nureen ShariffCounsel
1 appearance

for Mazin Rooz Mazin

Meenaz JafferCounsel
3 appearances

for Mevotech LP, Toby Gennings and Sendor Szell

Paul MacchioneCounsel
1 appearance

for Motor Vehicle Accident Claims Fund

Harold SterlingCounsel
1 appearance
Lorraine TakacsCounsel
1 appearance

for Mr. Asamane

Murray TkatchCounsel
1 appearance

for Mr. Balanki

Alexander MazinCounsel
1 appearance

for Mr. Basdeo

Patrick DaSilvaCounsel
1 appearance
Patrick DaSilvaParalegal
1 appearance

for Mr. Bouchahma

Adam EzerCounsel
1 appearance

for Mr. Brown

Brian ShermanCounsel
1 appearance

for Mr. Buccellato

Patrick DiMonteCounsel
2 appearances

for Mr. Cordeiro

Andrew DavidsonCounsel
1 appearance

for Mr. Do

Al PaceCounsel
1 appearance

for Mr. Ewers

Amanda HeerschopCounsel
1 appearance

for Mr. Foster

Brian ShermanCounsel
1 appearance

for Mr. Grunberg

Christopher D. FinlayCounsel
1 appearance

for Mr. Guglielmo

Barry MunroCounsel
1 appearance

for Mr. Hill

Shelley MartinCounsel
1 appearance

for Mr. Ho

David PhamCounsel
1 appearance

for Mr. Jagdharry

P. Michael RotondoCounsel
1 appearance

for Mr. Karnathasan

Samiya AhmedAgent
1 appearance

for Mr. Khemraj and Ms. Khemraj

Mark DeWittAgent
1 appearance

for Mr. Kovach

Charlia D. von BuchwaldCounsel
1 appearance

for Mr. Little

Karen FrishetteCounsel
1 appearance

for Mr. MacKenzie

Kevin WolfCounsel
2 appearances

for Mr. Mathur

Idan ErezCounsel
1 appearance
Vikram KapurCounsel
1 appearance

for Mr. Mazumder

Donna BruceCounsel
1 appearance
Tania AstorinoCounsel
1 appearance

for Mr. McMichael

Alan L. RachlinCounsel
1 appearance

for Mr. Pankratov

Debra LewisCounsel
1 appearance

for Mr. Robinson

Scott M. MerrifieldCounsel
1 appearance

for Mrs. Antony

David S. WilsonCounsel
1 appearance

for Mrs. Asmand

David F. LongleyCounsel
1 appearance

for Mrs. Distefano

David F. LongleyCounsel
1 appearance

for Mrs. Fimiani

Linda WolanskiCounsel
1 appearance
Richard M. BogorochCounsel
1 appearance

for Mrs. Garcia

Kevin DoanCounsel
1 appearance

for Mr. Sidhu and Mr. Braithwaite

Muthu AnnamalaiAgent
1 appearance

for Mr. Singh

Satwant MerwarAgent
1 appearance

for Mrs. Joshi

Helen FotinosCounsel
1 appearance

for Mrs. Kennedy

David S. WilsonCounsel
1 appearance

for Mr. Smith

Tammy RingCounsel
2 appearances

for Mrs. Patterson

Allan S. BlottCounsel
1 appearance

for Mrs. Scott

Alden M. DychtenbergCounsel
1 appearance
Pamela BlaikieCounsel
1 appearance

for Mrs. Sivaloganathan

David S. WilsonCounsel
2 appearances

for Mr. Steinhoff

David F. MacDonaldCounsel
1 appearance
Michael BennettCounsel
1 appearance

for Mr. Stelzer

Kelly SiegnerCounsel
1 appearance

for Mr. Sutherland

Ian S. WrightCounsel
1 appearance

for Mr. Taylor

P. Michael RotondoCounsel
1 appearance

for Mr. Tendenilla

Arvin GuptaCounsel
2 appearances
Armin GuptaCounsel
1 appearance

for Mr. Wilkerson

Richard LevinCounsel
1 appearance

for Mr. Yogarajah

Donata Di IorioCounsel
2 appearances

for Ms. Alladina

Janet S. YoungCounsel
1 appearance

for Ms. Brooks

Linda WolanskiCounsel
1 appearance

for Ms. Damude

J. Ivan MariniCounsel
1 appearance

for Ms. Hargraves

David PayneCounsel
1 appearance

for Ms. Keyes

David F. MacDonaldCounsel
1 appearance

for Ms. Khong

David H. PhamCounsel
1 appearance

For Ms. Lok

Sue ChenAgent
1 appearance

for Ms. McCabe

Stan SteinmanCounsel
1 appearance

for Ms. McDougall

Salvatore ShawCounsel
1 appearance

for Ms. Morabito

Brian A. BanfieldCounsel
1 appearance

for Ms. Nandkumar

Jeffrey Wm. StrypeCounsel
1 appearance

for Ms. Navage

David S. WilsonCounsel
2 appearances

for Ms. Owusu

Murray TkatchCounsel
1 appearance

for Ms. Owusu and Ms. Sarpong

Murray TkatchCounsel
1 appearance

for Ms. Patterson

Esan InceCounsel
1 appearance

for Ms. Paunova

Christopher D. FinlayCounsel
1 appearance

for Ms. Sarpong

Murray TkatchCounsel
1 appearance

for Ms. Sidhu

Tripta ChandlerCounsel
1 appearance

for Ms Vasina

Henry GoldentulerCounsel
1 appearance

for Ms. Zeris

Jeffrey RaphaelCounsel
1 appearance

for Neighbourhood Legal Services

Jack de KlerkCounsel
1 appearance

for Non-Marine Underwriters, Mbrs. of Lloyd's

Rita BambersCounsel
1 appearance

for Nordic Insurance Company of Canada

David DinnerCounsel
1 appearance

for Ontario Municipal Insurance Exchange

Bryan D. RumbleCounsel
2 appearances

for Ontario Public Service Employees Union

Nini JonesCounsel
1 appearance

for Organizational Solutions Inc.

Carla ZabekCounsel
1 appearance

for Pat Caricato

Gavin ClingbineAgent
1 appearance

for Pauline Lysak, Satu Repo-Hendsbee and Wilson Li

John JudsonCounsel
1 appearance
Yola VentrescaCounsel
1 appearance

for Pembridge Insurance Company

Richard HorstCounsel
2 appearances

for People's Trust Company

Christina WallisCounsel
1 appearance

for Personal Insurance Company of Canada

Todd J. McCarthyCounsel
1 appearance

for Pet Valu Canada Inc.

Christine Martin BevilacquaAgent
1 appearance

for Pilot Insurance Company

Robert BarrettCounsel
2 appearances

for Progressive Casualty Insurance Co. of Canada

Pamela A. BrownleeCounsel
2 appearances

for Rakesh Majithia CA Professional Corporation and Rakesh Majithia

Salma ShaikhCounsel
1 appearance

for RBC General Insurance Company

John D. DeanCounsel
2 appearances
Cary SchneiderCounsel
1 appearance
Darrell MarchCounsel
1 appearance
James LeoneCounsel
1 appearance
Neil Colville-ReevesCounsel
1 appearance
Alexander CurryCounsel
1 appearance

for Resolve Recruit Inc.

Neal OrnsteinCounsel
1 appearance

for Revera Long Term Care, Revera Baywoods Place, and Revera Inc.

Erin PorterAgent
1 appearance

for Riverfront medical Services, Respondent

Golbon MehrabkhaniCounsel
1 appearance
Keith EdwardsCounsel
1 appearance

for Rooms Accessories and Furniture Inc.

Gurinder WaliaAgent
1 appearance

for Roxboro Business Services and Raj Hemraj

Orie H. NeidzvieckiAgent
1 appearance

for Royal & SunAlliance Insurance Company of Canada

Nathalie RosenthallCounsel
2 appearances
Janet C. StevensCounsel
1 appearance
G. BogoCounsel
1 appearance
Scott SmithCounsel
1 appearance

for Rygiel Supports for Community Living

Chris BaroneAgent
1 appearance

for Sault College

Nadina S. ZacksCounsel
1 appearance

for Security National Insurance Co./Monnex Insurance Mgmt. Inc.

Cameron StarkCounsel
2 appearances
Theodore P. CharneyCounsel
1 appearance

for Sound Times

Natasha PersaudCounsel
1 appearance

for State Farm Mutual Automobile Insurance Company

Todd J. McCarthyCounsel
4 appearances
Ian D. KirbyCounsel
1 appearance
Darrell MarchCounsel
1 appearance
Alexander CurryCounsel
1 appearance
George MekarisCounsel
1 appearance

for St. Louis Bar and Grill Cityplace and Julia Anderson

Carla V. NassarCounsel
1 appearance

for St. Michael’s Hospital

Michael ConradiCounsel
1 appearance

for Sun Life

Valeri S. GreifenbergerCounsel
1 appearance

for Sunshine Landscaping and himself

Valdir PradoSelf-represented
1 appearance

for TD General Insurance Company

Andrew GraysonCounsel
1 appearance

for TD Home and Auto Insurance Company

Andrew GraysonCounsel
3 appearances

for Teamsters of Canada Local 419

Mireille GirouxCounsel
1 appearance

for the Affected Party

Jorge HurtadoCounsel
2 appearances
Fil FalboUnion representative
1 appearance
Dave SteeleCounsel
1 appearance
Dave SteeleUnion representative
1 appearance
Howard GoldblattCounsel
1 appearance
Nicole ButtCounsel
1 appearance
Patrick GroomCounsel
1 appearance
Rebecca LeeCounsel
1 appearance

for the applicant

Alana FenwickSelf-represented
1 appearance
Nancy GrangerCounsel
1 appearance

for the Applicant

Wayne FerronSelf-represented
7 appearances
Cecil NormanAgent
6 appearances
Peggy HarrypersadSelf-represented
5 appearances
Self-representedSelf-represented
4 appearances
Nohemy CunninghamSelf-represented
4 appearances
Sandra McArthur-CalhounSelf-represented
4 appearances
Giuseppe MassaSelf-represented
3 appearances
Chris SurowiakAgent
3 appearances
Grace PermaulCounsel
3 appearances
Clive RoySelf-represented
3 appearances
Alexandre PapouchineSelf-represented
3 appearances
Andrew L. LukachkoSelf-represented
3 appearances
Brenda CulbertCounsel
3 appearances
John NahirnySelf-represented
3 appearances
John R. EvansCounsel
3 appearances
Robert CameronSelf-represented
3 appearances
Christopher NewmanSelf-represented
2 appearances
Michael AnasaktaAgent
2 appearances
Elisabeth MitchinsonSelf-represented
2 appearances
Joe MassaSelf-represented
2 appearances

for the Applicant Mike Khoury

Yu-Sung SohCounsel
1 appearance

for the Applicants

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

for the Applicant Scott Strang

Eli GedalofCounsel
1 appearance

for The Automobile Insurance Company of Hartford, Connecticut

Julian R.G. ThomasCounsel
1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Karen SargeantCounsel
1 appearance
Nicole SinghCounsel
1 appearance

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

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

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

Jessica FioreCounsel
1 appearance
Lori PatykCounsel
1 appearance

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

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

Andrew T. GrahamCounsel
2 appearances
William M. SproullCounsel
2 appearances
James V. LeoneCounsel
1 appearance
Kevin GriffithsCounsel
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
Jessica AmeyCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Quadira JacksonCounsel
1 appearance
Rick LaporteUnion representative
1 appearance
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Insiya EssajeeCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Elizabeth NurseCounsel
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
Melanie HerbinCounsel
4 appearances
David PatacairkCounsel
4 appearances
Roy FilionCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Greg BullenCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Pauline KwanCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Brian O’ByrneCounsel
1 appearance
Brian SilvaCounsel
1 appearance
Bruce CowleyAgent
1 appearance
Bruce EllisCounsel
1 appearance
Carolyn KayCounsel
1 appearance
Catherine PowellCounsel
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)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
Patricia G. MurrayCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
U-Sheak KoromaAgent
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Craig R. ColraineCounsel
1 appearance
Darragh MeagherCounsel
1 appearance
David AmyotCounsel
1 appearance
David GourlayCounsel
1 appearance
David MigicovskyCounsel
1 appearance
David PatacairkCounsel
1 appearance
Derek L. RogersCounsel
1 appearance
Derek TrueloveCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Edward J. PosliffCounsel
1 appearance
Elizabeth J. McIntyreCounsel
1 appearance
Erin R. KuzzAgent
1 appearance
Eshiva EisenbergAgent
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

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

Al BagherianSelf-represented
1 appearance
Cathy CharpentierSelf-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

/Adjudicator

David Muir — Vice-Chair

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

Human rights application alleging modern music preference constitutes a creed dismissed for lack of jurisdiction.

The Tribunal issued a Notice of Intent to Dismiss to determine if the application fell within its jurisdiction.

Applying the Supreme Court's test for creed, the Tribunal found that the applicant's musical preferences, while sincerely held, had no religious component or connection to the divine.

The application was dismissed at a preliminary stage because it was plain and obvious that the claim did not relate to a ground of discrimination prohibited by the Human Rights Code.

Kowalewski v. Town of Smiths Falls Memorial Community Centre, 2016 HRTO 884

David Muir

Request for particulars prior to filing a Response denied; respondents directed to file Response.

The Tribunal denied the request, noting its general rule that respondents must file a complete Response before raising preliminary issues like particulars, absent exceptional circumstances.

The Tribunal found the application contained sufficient detail for the respondents to know the case against them and directed them to file their Response within 14 days.

Linda Weldon v. Horse Palace Riding Academy Inc., 2016 HRTO 883

David Muir

HRTOHuman Rights Tribunal of OntarioJun 20, 2016

Human rights application against Family Responsibility Office dismissed for lacking a reasonable prospect of success.

The applicant alleged discrimination with respect to services because of sex and family status, claiming the respondent failed to enforce a child support order against her former partner.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal found no evidence connecting the respondent's enforcement actions or delays to the applicant's sex or family status.

The application was dismissed.

McGuinness v. Ontario (Ministry of Community and Social Services), 2016 HRTO 832

Raquel Chisholm

In Private Practice16 cases2007–2021

John Yach

In Private Practice6 cases2013–2017

David Muir

HRTOHuman Rights Tribunal of OntarioJun 13, 2016

Respondent's request for early production of applicant's occupational health file prior to filing Response denied.

The applicant filed a human rights application alleging discrimination based on disability and reprisal.

Before filing its Response, the respondent requested an order requiring the applicant to produce her occupational health file, arguing it was necessary to meaningfully respond.

Nancy Carson v. Children’s Hospital of Eastern Ontario, 2016 HRTO 798

David Muir

Applicant's request for expedited hearing denied; summary hearing directed to assess prospect of success.

The applicant filed a Request for Order During Proceeding seeking an expedited hearing and punitive action against the respondent's counsel.

The Tribunal denied the request, finding no justification for an expedited hearing and no evidence of inappropriate conduct by the respondent.

The Tribunal noted the applicant's own inappropriate allegations and reminded him of the obligation to act courteously.

Additionally, the Tribunal directed that a summary hearing be scheduled to determine whether the application should be dismissed for delay or for having no reasonable prospect of success.

Al Bagherian v. Seneca College of Applied Arts and Technology, 2016 HRTO 783

David Muir

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed an application under section 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be outside its jurisdiction.

The applicant failed to respond to the NOID by the required deadline.

Consequently, the Tribunal deemed the application abandoned and dismissed it.

Omaro Rankine v. 1191 Birchmount Road Inc., 2016 HRTO 782

David Muir

HRTOHuman Rights Tribunal of OntarioJun 7, 2016

Request to add organizational respondent granted; request to remove individual respondents deferred pending further disclosure.

Rampersad v. Consumer Debtor Protection of Canada, 2016 HRTO 775

David Muir

HRTOHuman Rights Tribunal of OntarioJun 6, 2016

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed an application under section 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss because it appeared the application may be outside its jurisdiction.

The applicant was directed to provide written submissions but failed to respond or communicate with the Tribunal.

Consequently, the Tribunal deemed the application abandoned and dismissed it.

William MacLeod v. Grame Mew, 2016 HRTO 767

David Muir

HRTOHuman Rights Tribunal of OntarioJun 3, 2016

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed an application under s. 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be outside its jurisdiction.

The applicant failed to respond to the NOID by the required deadline.

Consequently, the Tribunal deemed the application abandoned and dismissed it.

McGrath v. Jerseys Bar and Grill, 2016 HRTO 763

Amy Murakami

Practising Law - Employed15 cases2011–2024

David Muir

HRTOHuman Rights Tribunal of OntarioJun 2, 2016

Human rights application dismissed at summary hearing for lack of particulars and no reasonable prospect of success.

The applicant alleged discrimination by the respondent based on perceived mental illness, including denial of a housing worker and access to a women's shelter.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The applicant failed to provide particulars of her allegations despite being directed to do so.

The Tribunal dismissed the application, finding it consisted only of bald assertions with no reasonable prospect of success.

Rots v. City of Toronto, 2016 HRTO 747

David Muir

HRTOHuman Rights Tribunal of OntarioJun 1, 2016

Human rights application dismissed as abandoned after applicant failed to attend mediation or respond to Tribunal.

The applicant filed an application under section 34 of the Human Rights Code.

The applicant failed to attend a scheduled mediation session and subsequently failed to respond to a Tribunal direction inquiring about his intentions with respect to the application.

The Tribunal deemed the application abandoned and dismissed it.

Iam Womack v. Kodiak Group Holdings Co., 2016 HRTO 746

David Muir

HRTOHuman Rights Tribunal of OntarioMay 31, 2016

Human rights application dismissed as the substance was already adjudicated by the Landlord and Tenant Board.

The applicant alleged discrimination in housing based on disability by the respondent landlord.

The application was dismissed.

Dobson v. Boardwalk Rentals, 2016 HRTO 744

David Muir

HRTOHuman Rights Tribunal of OntarioMay 30, 2016

Tribunal finds breach of settlement for late policy delivery but orders no remedy absent damages.

The Tribunal found that the respondent inadvertently failed to deliver the policy, constituting a breach.

However, because the applicant eventually received the policy during the proceedings and failed to establish any damages flowing from the breach, the Tribunal declined to order any remedy.

Unis v. Cardinal Place, 2016 HRTO 738

David Muir

HRTOHuman Rights Tribunal of OntarioMay 25, 2016

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal direction.

The applicant filed an application under section 34 of the Human Rights Code.

The respondent sought early dismissal of the application.

The Tribunal directed the applicant to respond to the dismissal issues by a specified date, warning that failure to do so could result in the application being deemed abandoned.

The applicant failed to respond to the direction.

Consequently, the Tribunal found the application to be abandoned and dismissed it.

Lyne Brassard v. Paramount Property Management Inc., 2016 HRTO 709

David Muir

HRTOHuman Rights Tribunal of OntarioMay 13, 2016

Application dismissed as abandoned after the applicant failed to respond to Tribunal scheduling directions.

The applicant failed to respond to multiple Tribunal directions regarding the rescheduling of a hearing.

The Tribunal deemed the application abandoned and dismissed it.

Nahirny v. Liquor Control Board of Ontario, 2016 HRTO 648

David Muir

HRTOHuman Rights Tribunal of OntarioMay 3, 2016

Request to amend Application granted on consent; request to add individual manager as respondent denied.

The applicant filed a Request for Order During Proceeding to amend the Application and add an individual manager as a respondent.

The respondent consented to the amendment subject to conditions, which the Tribunal granted.

Joseph Romualdi v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services, 2016 HRTO 584

Jennifer Emmans

In Private Practice2 cases2016–2025

David Muir

HRTOHuman Rights Tribunal of OntarioApr 29, 2016

Request to remove respondents' counsel for alleged conflict of interest denied as based on pure supposition.

The Tribunal denied the request, finding it was based on pure supposition with no evidence that current counsel had any involvement or communication regarding the decade-old matter.

Bourdeau v. McLad Coffee Inc., 2016 HRTO 571

David Muir

HRTOHuman Rights Tribunal of OntarioApr 25, 2016

Applicant's request for procedural orders dismissed; directed to provide hearing dates or face abandonment.

The applicant was directed to respond to previous Tribunal correspondence regarding hearing dates, failing which the application would be dismissed as abandoned.

John Nahirny v. Liquor Control Board of Ontario and Ron Scarcello, 2016 HRTO 543

David Muir

Human rights application dismissed as abandoned after parties failed to file settlement confirmation or respond.

The applicant filed an application under s. 34 of the Human Rights Code.

The Tribunal was informed that the parties had settled the matter but had not filed a Form 25 confirming the settlement.

The Tribunal directed the parties to file the form or confirm an intention to proceed to a hearing, warning that failure to respond could result in the application being deemed abandoned.

Neither party responded to the correspondence.

The Tribunal deemed the application abandoned and dismissed it.

Robert Guilmette v. RLD Industries Ltd, 2016 HRTO 520

David Muir