David Muir

HRTOHuman Rights Tribunal of OntarioMar 21, 2016

Human rights application reactivated following the conclusion of a related criminal proceeding.

The applicant sought to reactivate her human rights application following the conclusion of a related criminal proceeding.

The respondents opposed reactivation and requested the removal of certain individuals as respondents.

The Tribunal reactivated the application, noting that the conclusion of related proceedings was not a reason to prevent reactivation.

The Tribunal also dismissed the request to remove the individuals, finding they were not actually named as parties to the application.

Gutcher v. Welland Retirement Suites Limited, 2016 HRTO 355

Cherrine Chow

Practising Law - Employed9 cases2013–2016

David Muir

Interim decisions deeming respondent to have accepted allegations set aside due to lack of notice.

The respondent Lenscrafters brought a Request for Order During Proceeding to set aside previous Interim Decisions that deemed it to have accepted the allegations and waived participation for failing to file a Response.

The respondent argued it had not received the Notices of Application because they were sent to a store location rather than its corporate head office.

The Tribunal accepted this uncontradicted assertion, set aside the Interim Decisions, and directed the respondent to file its Response within 28 days.

The Tribunal also proposed consolidating the two related applications.

Generao v. Luxottica Retail Canada Inc., 2016 HRTO 353

David Muir

Tribunal grants leave to file late response but denies premature requests to remove respondent and bifurcate hearing.

The respondents brought a Request for Order During Proceeding seeking leave for the Chief of Police to file a Response, the removal of the individual respondent, and bifurcation of the hearing.

The applicant consented to the late filing of the Response but opposed the other requests.

The Tribunal granted leave to file the Response on consent.

The Tribunal denied the requests to remove the individual respondent and to bifurcate the hearing, finding both requests to be premature at this stage of the proceedings.

Savoie v. Toronto Police Services Board, 2016 HRTO 351

David Muir

HRTOHuman Rights Tribunal of OntarioMar 17, 2016

Applicant ordered to provide particulars regarding allegations of disparaging remarks made by police officers.

The respondent in a human rights application alleging discrimination and reprisal in the provision of police services filed a Request for Order During Proceeding seeking particulars.

The adjudicator directed the applicant to provide as much detail as possible regarding allegations that police officers attended a dog park and made disparaging remarks about him to others.

Thomas Bradbury v. Toronto Police Services Board, 2016 HRTO 346

Philip Wolfendon

1 case2016–2016

David Muir

HRTOHuman Rights Tribunal of OntarioMar 7, 2016

Interim remedy for financial assistance denied; application deferred pending concurrent grievance arbitration.

The applicant filed a human rights application alleging discrimination in employment based on disability, and subsequently requested an interim remedy for financial assistance and relief from a pension election due to financial hardship following her dismissal.

The Tribunal denied the interim remedy, finding that financial hardship alone does not meet the significant onus required to show that an interim order is necessary to ensure an effective remedy at the end of the hearing.

The Tribunal also deferred the application pending the conclusion of a concurrent grievance arbitration related to the applicant's dismissal.

Widdrington v. The Corporation of the County of Simcoe, 2016 HRTO 303

David Muir

HRTOHuman Rights Tribunal of OntarioMar 4, 2016

Applicant ordered to produce arguably relevant documents after failing to meaningfully respond to respondent's request.

The respondent filed a Request for Order During Proceedings seeking the production of arguably relevant documents from the applicant.

The applicant failed to meaningfully respond to the request, claiming she had no arguably relevant documents, despite her application referencing emails, notes, and medical records related to her mental health.

The Tribunal found the requested documents to be arguably relevant and ordered the applicant to produce them within 7 days.

Delgado v. Children’s Aid Society of Toronto, 2016 HRTO 295

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 29, 2016

Human rights application dismissed for delay as applicant failed to provide medical evidence supporting good faith exception.

The applicant filed a human rights application relating to the termination of his employment in 2010, more than five years after the events and nearly a year after a related arbitration award.

The Tribunal issued a Notice of Intent to Dismiss for delay.

The applicant argued that a mental health disability prevented him from filing earlier, but provided no medical evidence and had participated in an 18-day grievance arbitration during the delay period.

The Tribunal found it plain and obvious that the application was out of time and that the applicant failed to provide a reasonable explanation for the delay.

The application was dismissed.

Covelli v. Toronto (City), 2016 HRTO 273

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 25, 2016

Human rights applications dismissed as plain and obvious they were filed outside the limitation period.

The applicant filed two human rights applications alleging discrimination related to events between 1994 and 2012 involving his child.

The Tribunal issued a Notice of Intent to Dismiss because the applications were filed more than a year after the last alleged incident.

The applicant failed to provide a reasonable explanation for the delay.

The Tribunal dismissed the applications as it was plain and obvious they were filed outside the limitation period without a good faith explanation for the delay.

Tadesse Gebremariam v. Catholic Children’s Aid Society and Various Individual Respondents, 2016 HRTO 248

David Muir

Tribunal consolidates two identical breach of settlement applications to avoid multiplicity of proceedings.

The applicant filed two identical applications alleging a breach of settlement against two respondents.

The Tribunal invited submissions on whether the applications should be consolidated.

The respondents supported consolidation, while the applicant opposed it.

Applying the factors for consolidation, the Tribunal found a compelling public interest in avoiding a multiplicity of proceedings and the risk of inconsistent results.

The Tribunal ordered the applications consolidated to proceed to a single one-day hearing.

Minhas v. Shiu Pong Management Limited, 2016 HRTO 242

David Muir

Human rights application deferred pending grievance arbitration; OPG removed as respondent on consent.

The applicant filed a human rights application alleging discrimination.

The Tribunal issued Notices of Intent to Dismiss against Ontario Power Generation (OPG) and Morneau Shepell Ltd., and a Notice of Intent to Defer against Morneau and Great West Life Assurance Company pending a grievance arbitration.

On consent, OPG was removed as a respondent.

The application was deferred without objection pending the conclusion of the grievance arbitration.

Morris v. Morneau Shepell Ltd., 2016 HRTO 238

David Muir

Adjournment granted due to respondent's serious medical condition constituting extraordinary circumstances.

The respondents requested an adjournment of the scheduled hearing because a personal respondent and principal of the organizational respondent needed to attend to medical treatments for a serious medical condition.

The applicant opposed the request.

The Tribunal found that the medical condition constituted extraordinary circumstances justifying an adjournment under its Practice Direction.

The request to adjourn was granted.

Lepage v. Mahogany Salon and Spa Carleton Place Ltd., 2016 HRTO 235

Darragh Meagher

38 cases2003–2017

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 10, 2016

Human rights application alleging disability discrimination dismissed for delay and lacking a reasonable prospect of success.

The applicant filed an application alleging discrimination in employment on the basis of disability.

She claimed that she was capable of performing her pre-injury duties as a Registered Practical Nurse but was denied the opportunity, and that she was mistakenly called in for shifts in 2014.

The Tribunal held a summary hearing to determine if the application should be dismissed for delay and having no reasonable prospect of success.

The Tribunal dismissed the application, finding that the underlying decision not to return the applicant to her pre-injury position was made in 2012 and was therefore out of time.

Furthermore, the Tribunal found no reasonable prospect of success regarding the 2014 scheduling errors, as there was no evidence linking the errors to a prohibited ground of discrimination.

Joan Holmes v. City of Toronto, 2016 HRTO 190

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 3, 2016

Request for reconsideration of human rights application dismissal denied as applicant failed to meet threshold criteria.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed her human rights application for delay and having no reasonable prospect of success.

The applicant argued that the decision conflicted with established jurisprudence and that she was discriminated against by the WSIB regarding her pre-existing disability.

The Tribunal found that the applicant was attempting to re-argue her case and failed to establish any of the threshold criteria justifying reconsideration under Rule 26.

The request for reconsideration was denied.

Aceto v. Ontario (Attorney General), 2016 HRTO 161

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 2, 2016

Reconsideration granted to allow applicant to respond to request to remove individual respondents.

The applicant requested reconsideration of an interim decision that removed two individual respondents from the application.

The applicant argued that due to her representative's inadvertence, she did not have the opportunity to respond to the respondents' request.

The Tribunal granted the reconsideration, setting aside the interim decision to allow the applicant to make submissions.

The Tribunal also directed the applicant to comply with pre-hearing disclosure rules regarding witnesses and documents, warning that failure to do so could result in the application being dismissed as abandoned.

Richard v. Toronto Transit Commission, 2016 HRTO 156

David Muir

HRTOHuman Rights Tribunal of OntarioJan 29, 2016

Request for reconsideration of decision dismissing application for delay denied; no new determinative evidence provided.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application for being filed outside the one-year time limit.

The applicant argued that new medical evidence and his involvement in other legal proceedings justified the delay.

The Tribunal found that the new medical note did not establish that a disability prevented him from filing on time, and that his arguments were largely a repetition of those already considered.

The request for reconsideration was denied, and the applicant was warned against making inappropriate and unfounded comments in Tribunal proceedings.

Barksey v. Health Sciences North or Ramsey Lake Health Centre, 2016 HRTO 141

Garth M. Kidd

2 cases2013–2016

David Muir

HRTOHuman Rights Tribunal of OntarioJan 26, 2016

Request to reactivate deferred human rights application denied pending conclusion of WSIAT appeal.

The applicant requested to reactivate his human rights application, which had been deferred pending the outcome of a related WSIB proceeding.

The WSIB Appeal Resolution Officer had rendered a decision, which the applicant was appealing to the WSIAT.

The Tribunal denied the request to reactivate, finding that proceeding with the application while the WSIAT appeal was pending would amount to an inappropriate collateral attack and risk inconsistent findings of fact.

The application remains deferred.

Soulliere v. Mucci-Pac Ltd., 2016 HRTO 119

David Muir

HRTOHuman Rights Tribunal of OntarioJan 25, 2016

Two identical human rights applications against the same respondent consolidated to avoid multiplicity of proceedings.

The Tribunal issued an interim decision to determine whether two human rights applications against the same respondent should be consolidated.

The applications alleged identical discrimination on the basis of age, family status, marital status, and sex.

Applying the factors from Lattey, the Tribunal found a compelling public interest in avoiding a multiplicity of proceedings and noted the common issues of fact and law.

The Tribunal ordered the applications consolidated to proceed to a one-day hearing.

Aikins v. John Zsiros, 2016 HRTO 115

Andy Pushalik

13 cases2010–2021

David Muir

HRTOHuman Rights Tribunal of OntarioJan 14, 2016

Applicant's request to withdraw human rights application granted on consent after adjournment denied.

The applicant filed a human rights application alleging discrimination with respect to goods and services because of disability.

After his requests for a deferral and an adjournment of a scheduled summary hearing were denied, the applicant requested to withdraw his application.

The respondents consented to the withdrawal.

The Tribunal granted the request to withdraw, noting that while there were concerns the withdrawal might be an attempt to circumvent the denied adjournment, the respondents' consent made it appropriate to grant the request without prejudice to any future arguments regarding abuse of process if the application is refiled.

King v. Sherbourne Mental Health Centre, 2016 HRTO 59

Stephanie Young

9 cases2015–2020

Osborne Barnwell

24 cases2000–2025

David Muir

HRTOHuman Rights Tribunal of OntarioJan 13, 2016

Reconsideration denied; filing in wrong jurisdiction is not a good faith explanation for delay.

The applicant sought reconsideration of a decision dismissing his human rights application as abandoned.

The application was filed beyond the one-year limitation period under the Human Rights Code.

The applicant argued the delay occurred because he initially filed a complaint with the Canadian Human Rights Commission in error.

The Tribunal found this did not constitute a good faith explanation for the delay, as the applicant failed to make timely inquiries about the correct forum before the limitation period expired.

The request for reconsideration was dismissed and the application remained dismissed.

Cheong v. Bank of Montreal, 2016 HRTO 54

Applicant

Li Dong WangSelf-represented
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Robert MacKenzieSelf-represented
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Counsel for Law Society of Upper Canada, Sharon Seenath and Bruce Dunsmuir

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Bay RyleyCounsel
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Counsel for the Intervener Office of the Employer Advisor

Daryl SeupersadCounsel
1 appearance

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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
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2 appearances
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1 appearance
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1 appearance

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

Subrata MajumdarParalegal
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for Aviva Canada Inc.

Susan BromleyCounsel
1 appearance
Frank BenedettoCounsel
1 appearance
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1 appearance
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1 appearance

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Shiraz BajwaAgent
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Jean-Alexandre De BousquetCounsel
1 appearance

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for Belair Insurance Company Inc.

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1 appearance

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Leon RideoutAgent
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1 appearance

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1 appearance

for Domtar Inc.

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1 appearance
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Christopher HubbardCounsel
1 appearance
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1 appearance

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Andrew HylandCounsel
1 appearance

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Jamie PollackCounsel
1 appearance

for Economical Mutual Insurance Company

Albert M. ConforziCounsel
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for Erica Gallo

Kirsten DarelParalegal
1 appearance

for Expertech

Susan CrawfordCounsel
1 appearance

for Global Payments of Canada GP and Persila Vachon

Karoline ChanCounsel
1 appearance
Jason BehoeCounsel
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

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

for himself

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

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

for Intersteam Technologies Inc., and Manfred Dietrich

Manfred DietrechAgent
1 appearance

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James SoutarSelf-represented
1 appearance

for Kingsway General Insurance Company

Kerri KnudsonCounsel
1 appearance
Catherine KorteCounsel
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
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1 appearance
George O. FrankCounsel
1 appearance
Wayne EdwardsCounsel
1 appearance
Michael J. HucklackCounsel
1 appearance
Michael J. HuclackCounsel
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

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Paul MacchioneCounsel
1 appearance

for Motor Vehicle Accident Claims Fund

Harold SterlingCounsel
1 appearance
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1 appearance

for Mr. Asamane

Murray TkatchCounsel
1 appearance

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Alexander MazinCounsel
1 appearance

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Patrick DaSilvaCounsel
1 appearance
Patrick DaSilvaParalegal
1 appearance

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Adam EzerCounsel
1 appearance

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Brian ShermanCounsel
1 appearance

for Mr. Buccellato

Patrick DiMonteCounsel
2 appearances

for Mr. Cordeiro

Andrew DavidsonCounsel
1 appearance

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Al PaceCounsel
1 appearance

for Mr. Ewers

Amanda HeerschopCounsel
1 appearance

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1 appearance

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1 appearance

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1 appearance

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Shelley MartinCounsel
1 appearance

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1 appearance

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P. Michael RotondoCounsel
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Mark DeWittAgent
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Donna BruceCounsel
1 appearance
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1 appearance

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1 appearance

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1 appearance

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1 appearance

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1 appearance
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1 appearance

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Satwant MerwarAgent
1 appearance

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1 appearance

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David F. MacDonaldCounsel
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David H. PhamCounsel
1 appearance

For Ms. Lok

Sue ChenAgent
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Stan SteinmanCounsel
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for Nordic Insurance Company of Canada

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for Organizational Solutions Inc.

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1 appearance

for Pat Caricato

Gavin ClingbineAgent
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1 appearance

for Pembridge Insurance Company

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for Progressive Casualty Insurance Co. of Canada

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John D. DeanCounsel
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1 appearance
Alexander CurryCounsel
1 appearance
Neil Colville-ReevesCounsel
1 appearance
James LeoneCounsel
1 appearance
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1 appearance

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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
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Gurinder WaliaAgent
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Cameron StarkCounsel
2 appearances
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for Sound Times

Natasha PersaudCounsel
1 appearance

for State Farm Mutual Automobile Insurance Company

Todd J. McCarthyCounsel
4 appearances
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1 appearance
Alexander CurryCounsel
1 appearance
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Darrell MarchCounsel
1 appearance

for St. Louis Bar and Grill Cityplace and Julia Anderson

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1 appearance

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1 appearance

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Valdir PradoSelf-represented
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for TD General Insurance Company

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1 appearance

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Andrew GraysonCounsel
3 appearances

for Teamsters of Canada Local 419

Mireille GirouxCounsel
1 appearance

for the Affected Party

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

for the applicant

Nancy GrangerCounsel
1 appearance
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1 appearance

for the Applicant

Wayne FerronSelf-represented
7 appearances
Cecil NormanAgent
6 appearances
Peggy HarrypersadSelf-represented
5 appearances
Self-representedSelf-represented
4 appearances
Sandra McArthur-CalhounSelf-represented
4 appearances
Nohemy CunninghamSelf-represented
4 appearances
Giuseppe MassaSelf-represented
3 appearances
Brenda CulbertCounsel
3 appearances
Clive RoySelf-represented
3 appearances
Robert CameronSelf-represented
3 appearances
Alexandre PapouchineSelf-represented
3 appearances
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3 appearances
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3 appearances
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3 appearances
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3 appearances
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3 appearances
Joe MassaSelf-represented
2 appearances
James E. BowdenCounsel
2 appearances
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2 appearances
Sean T. McGeeCounsel
2 appearances

for the Applicant Mike Khoury

Yu-Sung SohCounsel
1 appearance

for the Applicants

Self-representedSelf-represented
2 appearances
Dianne RobinsonAgent
1 appearance
Qiying JinSelf-represented
1 appearance
Doug McleodCounsel
1 appearance
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1 appearance
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1 appearance
Michael KatzmanCounsel
1 appearance
Mr. VillellaAgent
1 appearance
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1 appearance
W.F.Self-represented
1 appearance
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1 appearance

for the Applicant Scott Strang

Eli GedalofCounsel
1 appearance

for The Automobile Insurance Company of Hartford, Connecticut

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1 appearance

for the City of Toronto

Glenn ChuCounsel
1 appearance

for The Co-operators General Insurance Company

Nicole SinghCounsel
1 appearance
Karen SargeantCounsel
1 appearance

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

Andrew MaeCounsel
1 appearance

for The Corporation of the Town of Penetanguishene

Stacey CooperAgent
1 appearance

for The Corporation of the Town of Wasaga Beach

George VadeboncouerCounsel
1 appearance

for The Corporation of the Township of Tiny

Shawn PersaudAgent
1 appearance

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

Jessica FioreCounsel
1 appearance
Lori PatykCounsel
1 appearance

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

Thomas AyersCounsel
1 appearance

for The German Canadian Club

Joehen SchmidtAgent
1 appearance

for the Independent Electrical System Operator

Richard J. CharneyCounsel
1 appearance

for the Insurer

Andrew T. GrahamCounsel
2 appearances
William M. SproullCounsel
2 appearances
Kevin GriffithsCounsel
1 appearance
James V. LeoneCounsel
1 appearance

for the Intervener

Stephanie HobbsCounsel
1 appearance

for the Intervenor

Sue LottCounsel
4 appearances
Ryan GoldvineCounsel
3 appearances
Louis SokolovCounsel
2 appearances
Cathy PikeCounsel
2 appearances
Emma PhillipsCounsel
1 appearance
Fred HoUnion representative
1 appearance
Paul O’RyanCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Quadira JacksonCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Insiya EssajeeCounsel
1 appearance
Elizabeth NurseCounsel
1 appearance
Rick LaporteUnion representative
1 appearance
Jerry RasoCounsel
1 appearance

for the Intervenor Ontario Human Rights Commission

Sunil GurmukhCounsel
1 appearance

for the Islamic Foundation of Toronto and Syed Shah Quadri

Shahzad SiddiquiCounsel
1 appearance

for the Law Society of Upper Canada

Ross GowerCounsel
1 appearance
Elliot SpearsCounsel
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
Roy FilionCounsel
4 appearances
David PatacairkCounsel
4 appearances
Melanie HerbinCounsel
4 appearances
Raquel ChisholmCounsel
3 appearances
Pauline KwanCounsel
2 appearances
Steve LavenderCounsel
2 appearances
Patricia MurrayCounsel
2 appearances
Greg BullenCounsel
2 appearances
Gordon FitzgeraldCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
Jehuda KaminerCounsel
2 appearances
Jeanine WattCounsel
2 appearances
Sari SpringerCounsel
2 appearances
Naomi MargoCounsel
1 appearance
Kerri KitchenCounsel
1 appearance
Vivian BercoviciCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance
Jeffrey NicholsonCounsel
1 appearance
Civity GauleyCounsel
1 appearance

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

Sharma SheikhCounsel
1 appearance

for the Respondent Amalgamated Transit Union Local 1573

Cynthia WatsonCounsel
1 appearance

for the Respondent AMEC America Ltd

Daniel FogelCounsel
1 appearance

for the Respondent Birks and Mayors Inc.

Sonia RegenborgenCounsel
1 appearance

for the Respondent Bryan College of Applied Health and Business Sciences

Stephen A. BernofskyCounsel
1 appearance

for the Respondent Camp Hurontario

Pauline MarstonAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 4685

Prasanna BalasundaramCounsel
1 appearance

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

Karen M. SargeantCounsel
1 appearance

for the Respondent Cara Operations

Sheryl L. JohnsonCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children’s Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent City of Brampton

Michael MacLellanCounsel
1 appearance

for the Respondent City of Guelph

Susan SmithCounsel
1 appearance

for the Respondent City of Guelph Police Services Board

Judith StoffmanCounsel
1 appearance

for the Respondent Dawn Garvey

Ian WerkerCounsel
1 appearance

for the Respondent DHL Express (Canada) Ltd.

Gregory J. PowerCounsel
1 appearance

for the Respondent Disabled and Aged Transport System

Jane M. GoodingCounsel
1 appearance

for the Respondent Eaton Chelsea Hotel

Amanda E. LawrenceCounsel
1 appearance

for the Respondent Finance

Jennifer RichardsCounsel
1 appearance

for the Respondent F.J. Davey Home

Malcolm N. WinterCounsel
1 appearance

for the Respondent Fleet Industries Ltd.

Jason GreenCounsel
1 appearance

for the Respondent Frank Vaccarelli

Vito VaccarelliAgent
1 appearance

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

Sharlene ZiniukCounsel
1 appearance

for the Respondent International Association of Machinists and Aerospace Workers

Janet BorowyCounsel
1 appearance

for the Respondent Kingdom Hotel Toronto Ltd.

Jeremy HannCounsel
1 appearance

for the Respondent Loomis Express

Stephen KingAgent
1 appearance

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

Cherrine ChowCounsel
1 appearance

for the Respondent Mackenzie Health

Robert HickmanCounsel
1 appearance

for the Respondent Makesh Samoondar

Salma SheikhCounsel
1 appearance

for the Respondent Manulife Financial Group Health Benefits

Sophia ZaidiCounsel
1 appearance

for the Respondent Michael McKee

Moya GrahamCounsel
1 appearance

for the Respondent Ministry of Government Services

Lisa CompagnoneCounsel
1 appearance

for the respondent Mount Pleasant Group of Cemeteries

Seann McAleeseCounsel
1 appearance

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

Lewis GotheilCounsel
1 appearance

for the Respondent Ontario Provincial Police

Marine BacherCounsel
1 appearance

for the Respondent OPSEU

Danny KastnerCounsel
1 appearance

for the Respondent Patrick Knight

Sarah ColmanCounsel
1 appearance

for the Respondent Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance

for the respondents

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

for the Respondent(s)

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

for the Respondents

Peter J. ThorupCounsel
5 appearances
Kimberly T. MorrisCounsel
3 appearances
U-Sheak KoromaAgent
2 appearances
Patricia G. MurrayCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Nancy Jammu-TaylorCounsel
2 appearances
Joseph N. TasconaCounsel
2 appearances
Karen EnsslenCounsel
1 appearance
Katherine PollockCounsel
1 appearance
Melanie Borowicz-SibenikCounsel
1 appearance
Sheryl L. JohnsonCounsel
1 appearance
Steve WilliamsCounsel
1 appearance
Meredith GaydaCounsel
1 appearance
Paula M. RusakCounsel
1 appearance
Stephen ShortCounsel
1 appearance
Michelle AltonCounsel
1 appearance
Barry J. BrownCounsel
1 appearance
Donald B. BayneCounsel
1 appearance
Stephen A. McArthurCounsel
1 appearance
Craig R. ColraineCounsel
1 appearance

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

Sarah LapointeCounsel
1 appearance

for the Respondent Said Said

Howard MarkowitsCounsel
1 appearance

for the Respondent Sanofi Pasteur Limited

Paula RusakCounsel
1 appearance

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

James NymanCounsel
1 appearance

for the Respondent SEIU, Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondents Famous Players Limited Partnership and Mark Sulit

Laila Karimi HendryCounsel
1 appearance

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

Naomi CallaCounsel
1 appearance

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

Suzanne M. PorterCounsel
1 appearance

for the Respondents Jack Morrison, Susan Pincente and Ashley Lye

Henry DinsdaleCounsel
1 appearance

for the Respondent Sobeys Capital Incorporated

Sarah GravesCounsel
1 appearance

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

Simon BlackstoneCounsel
1 appearance

for the Respondent Standard Life Assurance Company of Canada

Danielle YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Angela BradleyCounsel
1 appearance

for the Respondents Toronto Police Services Board and Michael Kiproff

David TortellCounsel
1 appearance

for the Respondent Sunnybrook Health Sciences Centre

Bonny Mak WaterfallCounsel
1 appearance

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

Andy BalauraCounsel
1 appearance

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

Blair McCreadieCounsel
1 appearance

for the Respondent, The Regional Municipality of Peel

Gurjit BrarCounsel
1 appearance

for the Respondent The Taylor Statten Camp Company Ltd.

Ellen A. S. LowCounsel
1 appearance

for the Respondent Toronto District School Board

Grant BowersCounsel
1 appearance

for the Respondent Toronto District School Board and the personal respondents

Glorie AlfredCounsel
1 appearance

for the Respondent Toronto Police Association

Caroline V. (Nini) JonesCounsel
1 appearance

for the Respondent Toronto Police Services Board

Andrea DonevanCounsel
1 appearance
Antonella CeddiaCounsel
1 appearance

for the Respondent United Food and Commercial Workers International Union, Local 333

Laurie KentCounsel
1 appearance

for the Respondent United Steelworkers, Local 1-1000

Stephanie HobbsCounsel
1 appearance

for The Salvation Army – Ontario General East and Salvation Army – Territorial Headquarters

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

Darrell MarchCounsel
1 appearance
Danette CashmanCounsel
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

Jody WilliamsSelf-represented
1 appearance
Indira HansrajSelf-represented
1 appearance

on his own behalf

Jeffrey SeberrasSelf-represented
1 appearance

On his own behalf

Santo BarbieriSelf-represented
1 appearance
Dhirendra SharmaSelf-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

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

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

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

Richard Miller

Practising Law - Employed43 cases2005–2025

Fiona Brown

5 cases2005–2016

David Muir

HRTOHuman Rights Tribunal of OntarioMar 21, 2016

Request to remove personal respondent denied as allegations could lead to personal liability for discrimination.

The respondents filed a Request for Order During Proceeding seeking to remove the personal respondent, who was the Chair of the Board of the organizational respondent.

Yohannes Adamsu v. Metropolitan Toronto Condominium Corporation No. 997 and Peter Tiller, 2016 HRTO 357

David Muir

HRTOHuman Rights Tribunal of OntarioMar 21, 2016

Human rights application reactivated following the conclusion of a related criminal proceeding.

The applicant sought to reactivate her human rights application following the conclusion of a related criminal proceeding.

The respondents opposed reactivation and requested the removal of certain individuals as respondents.

The Tribunal reactivated the application, noting that the conclusion of related proceedings was not a reason to prevent reactivation.

The Tribunal also dismissed the request to remove the individuals, finding they were not actually named as parties to the application.

Gutcher v. Welland Retirement Suites Limited, 2016 HRTO 355

Cherrine Chow

Practising Law - Employed9 cases2013–2016

David Muir

Interim decisions deeming respondent to have accepted allegations set aside due to lack of notice.

The respondent argued it had not received the Notices of Application because they were sent to a store location rather than its corporate head office.

The Tribunal accepted this uncontradicted assertion, set aside the Interim Decisions, and directed the respondent to file its Response within 28 days.

The Tribunal also proposed consolidating the two related applications.

Generao v. Luxottica Retail Canada Inc., 2016 HRTO 353

David Muir

Tribunal grants leave to file late response but denies premature requests to remove respondent and bifurcate hearing.

The respondents brought a Request for Order During Proceeding seeking leave for the Chief of Police to file a Response, the removal of the individual respondent, and bifurcation of the hearing.

The applicant consented to the late filing of the Response but opposed the other requests.

The Tribunal granted leave to file the Response on consent.

The Tribunal denied the requests to remove the individual respondent and to bifurcate the hearing, finding both requests to be premature at this stage of the proceedings.

Savoie v. Toronto Police Services Board, 2016 HRTO 351

David Muir

HRTOHuman Rights Tribunal of OntarioMar 17, 2016

Applicant ordered to provide particulars regarding allegations of disparaging remarks made by police officers.

The respondent in a human rights application alleging discrimination and reprisal in the provision of police services filed a Request for Order During Proceeding seeking particulars.

The adjudicator directed the applicant to provide as much detail as possible regarding allegations that police officers attended a dog park and made disparaging remarks about him to others.

Thomas Bradbury v. Toronto Police Services Board, 2016 HRTO 346

Philip Wolfendon

1 case2016–2016

David Muir

HRTOHuman Rights Tribunal of OntarioMar 7, 2016

Interim remedy for financial assistance denied; application deferred pending concurrent grievance arbitration.

The Tribunal also deferred the application pending the conclusion of a concurrent grievance arbitration related to the applicant's dismissal.

Widdrington v. The Corporation of the County of Simcoe, 2016 HRTO 303

David Muir

HRTOHuman Rights Tribunal of OntarioMar 4, 2016

Applicant ordered to produce arguably relevant documents after failing to meaningfully respond to respondent's request.

The respondent filed a Request for Order During Proceedings seeking the production of arguably relevant documents from the applicant.

The Tribunal found the requested documents to be arguably relevant and ordered the applicant to produce them within 7 days.

Delgado v. Children’s Aid Society of Toronto, 2016 HRTO 295

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 29, 2016

Human rights application dismissed for delay as applicant failed to provide medical evidence supporting good faith exception.

The applicant filed a human rights application relating to the termination of his employment in 2010, more than five years after the events and nearly a year after a related arbitration award.

The Tribunal issued a Notice of Intent to Dismiss for delay.

The Tribunal found it plain and obvious that the application was out of time and that the applicant failed to provide a reasonable explanation for the delay.

The application was dismissed.

Covelli v. Toronto (City), 2016 HRTO 273

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 25, 2016

Human rights applications dismissed as plain and obvious they were filed outside the limitation period.

The applicant filed two human rights applications alleging discrimination related to events between 1994 and 2012 involving his child.

The Tribunal issued a Notice of Intent to Dismiss because the applications were filed more than a year after the last alleged incident.

The applicant failed to provide a reasonable explanation for the delay.

The Tribunal dismissed the applications as it was plain and obvious they were filed outside the limitation period without a good faith explanation for the delay.

Tadesse Gebremariam v. Catholic Children’s Aid Society and Various Individual Respondents, 2016 HRTO 248

David Muir

Tribunal consolidates two identical breach of settlement applications to avoid multiplicity of proceedings.

The applicant filed two identical applications alleging a breach of settlement against two respondents.

The Tribunal invited submissions on whether the applications should be consolidated.

The respondents supported consolidation, while the applicant opposed it.

Applying the factors for consolidation, the Tribunal found a compelling public interest in avoiding a multiplicity of proceedings and the risk of inconsistent results.

The Tribunal ordered the applications consolidated to proceed to a single one-day hearing.

Minhas v. Shiu Pong Management Limited, 2016 HRTO 242

David Muir

Human rights application deferred pending grievance arbitration; OPG removed as respondent on consent.

The applicant filed a human rights application alleging discrimination.

On consent, OPG was removed as a respondent.

The application was deferred without objection pending the conclusion of the grievance arbitration.

Morris v. Morneau Shepell Ltd., 2016 HRTO 238

David Muir

Adjournment granted due to respondent's serious medical condition constituting extraordinary circumstances.

The applicant opposed the request.

The Tribunal found that the medical condition constituted extraordinary circumstances justifying an adjournment under its Practice Direction.

The request to adjourn was granted.

Lepage v. Mahogany Salon and Spa Carleton Place Ltd., 2016 HRTO 235

Darragh Meagher

38 cases2003–2017

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 10, 2016

Human rights application alleging disability discrimination dismissed for delay and lacking a reasonable prospect of success.

The applicant filed an application alleging discrimination in employment on the basis of disability.

She claimed that she was capable of performing her pre-injury duties as a Registered Practical Nurse but was denied the opportunity, and that she was mistakenly called in for shifts in 2014.

The Tribunal held a summary hearing to determine if the application should be dismissed for delay and having no reasonable prospect of success.

The Tribunal dismissed the application, finding that the underlying decision not to return the applicant to her pre-injury position was made in 2012 and was therefore out of time.

Furthermore, the Tribunal found no reasonable prospect of success regarding the 2014 scheduling errors, as there was no evidence linking the errors to a prohibited ground of discrimination.

Joan Holmes v. City of Toronto, 2016 HRTO 190

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 3, 2016

Request for reconsideration of human rights application dismissal denied as applicant failed to meet threshold criteria.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed her human rights application for delay and having no reasonable prospect of success.

The applicant argued that the decision conflicted with established jurisprudence and that she was discriminated against by the WSIB regarding her pre-existing disability.

The Tribunal found that the applicant was attempting to re-argue her case and failed to establish any of the threshold criteria justifying reconsideration under Rule 26.

The request for reconsideration was denied.

Aceto v. Ontario (Attorney General), 2016 HRTO 161

David Muir

HRTOHuman Rights Tribunal of OntarioFeb 2, 2016

Reconsideration granted to allow applicant to respond to request to remove individual respondents.

The applicant requested reconsideration of an interim decision that removed two individual respondents from the application.

The applicant argued that due to her representative's inadvertence, she did not have the opportunity to respond to the respondents' request.

The Tribunal granted the reconsideration, setting aside the interim decision to allow the applicant to make submissions.

Richard v. Toronto Transit Commission, 2016 HRTO 156

David Muir

HRTOHuman Rights Tribunal of OntarioJan 29, 2016

Request for reconsideration of decision dismissing application for delay denied; no new determinative evidence provided.

The applicant requested a reconsideration of a previous Tribunal decision that dismissed his human rights application for being filed outside the one-year time limit.

The applicant argued that new medical evidence and his involvement in other legal proceedings justified the delay.

The Tribunal found that the new medical note did not establish that a disability prevented him from filing on time, and that his arguments were largely a repetition of those already considered.

The request for reconsideration was denied, and the applicant was warned against making inappropriate and unfounded comments in Tribunal proceedings.

Barksey v. Health Sciences North or Ramsey Lake Health Centre, 2016 HRTO 141

Garth M. Kidd

2 cases2013–2016

David Muir

HRTOHuman Rights Tribunal of OntarioJan 26, 2016

Request to reactivate deferred human rights application denied pending conclusion of WSIAT appeal.

The applicant requested to reactivate his human rights application, which had been deferred pending the outcome of a related WSIB proceeding.

The WSIB Appeal Resolution Officer had rendered a decision, which the applicant was appealing to the WSIAT.

The application remains deferred.

Soulliere v. Mucci-Pac Ltd., 2016 HRTO 119

David Muir

HRTOHuman Rights Tribunal of OntarioJan 25, 2016

Two identical human rights applications against the same respondent consolidated to avoid multiplicity of proceedings.

The Tribunal issued an interim decision to determine whether two human rights applications against the same respondent should be consolidated.

The applications alleged identical discrimination on the basis of age, family status, marital status, and sex.

Applying the factors from Lattey, the Tribunal found a compelling public interest in avoiding a multiplicity of proceedings and noted the common issues of fact and law.

The Tribunal ordered the applications consolidated to proceed to a one-day hearing.

Aikins v. John Zsiros, 2016 HRTO 115

Andy Pushalik

13 cases2010–2021

David Muir

HRTOHuman Rights Tribunal of OntarioJan 14, 2016

Applicant's request to withdraw human rights application granted on consent after adjournment denied.

The applicant filed a human rights application alleging discrimination with respect to goods and services because of disability.

After his requests for a deferral and an adjournment of a scheduled summary hearing were denied, the applicant requested to withdraw his application.

The respondents consented to the withdrawal.

King v. Sherbourne Mental Health Centre, 2016 HRTO 59

Stephanie Young

9 cases2015–2020

Osborne Barnwell

24 cases2000–2025

David Muir