Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 15, 2016

Reconsideration request dismissed; Tribunal lacks jurisdiction due to mandatory bar under section 34(11).

The applicant requested reconsideration of a previous Tribunal decision that dismissed her application under the mandatory bar in section 34(11) of the Human Rights Code.

The applicant argued that the Tribunal should have deferred the application pending the conclusion of her civil claim against the respondent.

The Tribunal dismissed the reconsideration request, finding that the applicant failed to demonstrate how the previous decision conflicted with established jurisprudence or procedure, and noting that deferral was impossible because the Tribunal lacked jurisdiction.

Sheppard v. Weeneebayko Area Health Authority, 2016 HRTO 66

Human rights application against traffic court dismissed at preliminary stage due to adjudicative immunity.

The applicant filed a human rights complaint alleging discrimination based on disability after a Justice of the Peace denied his request for an adjournment of a traffic court trial and convicted him in absentia.

The respondents argued the Tribunal lacked jurisdiction.

The Tribunal dismissed the application at a preliminary stage, finding it plain and obvious that the complaint was barred by the doctrine of adjudicative immunity, which protects judicial decision-makers from legal proceedings based on their adjudicative actions.

Simms v. Ontario (Attorney General), 2016 HRTO 64

Sue Lott

26 cases2009–2017

Douglas Sanderson

Human rights application not deferred where concurrent union grievance was held in abeyance.

The Tribunal issued a Notice of Intent to Defer the human rights application pending the completion of a concurrent grievance proceeding.

The applicant and his union submitted that deferral was not appropriate because the grievance was in abeyance due to the applicant being out of the workplace with no known return date.

The Tribunal found no basis to defer the application since the grievance was not proceeding, and directed the respondent to file a Response.

Michael Gleason v. Pembroke Regional Hospital, 2016 HRTO 57

David Fine

1 case2016–2016

Douglas Sanderson

Tribunal orders production of medical and employment records but denies requests for OHIP and criminal records.

The respondent in a human rights application requested an order for the production of the applicant's medical records, OHIP records, criminal records, and post-dismissal employment records.

The Tribunal ordered the applicant to produce medical records related to PTSD and anxiety for the period of his employment, as he had put his medical condition in issue.

The Tribunal also ordered the production of post-dismissal employment records as they were relevant to the issue of remedy.

The requests for OHIP records and criminal records were dismissed.

McLaughlin v. Hollyburn Properties, 2016 HRTO 55

Carole Jenkins

38 cases2001–2026

Amelia Daurio

4 cases2015–2017

Douglas Sanderson

In Private Practice26 cases2009–2025

Human rights application deferred pending completion of concurrent child protection proceedings to avoid inconsistent findings.

The respondent Children and Family Services for York Region requested that the human rights application be deferred pending the completion of concurrent child protection proceedings before the Superior Court of Justice.

The applicant opposed the deferral, arguing the facts, legal issues, and remedies sought were different.

The Tribunal found that the proceedings dealt with the same facts and raised the potential for inconsistent results.

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

A.T. v. Children's Aid Society of Ottawa, 2016 HRTO 51

Christopher McClelland

Cheryl Foy

Not Practising Law - Employed3 cases2014–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioDec 17, 2015

Adjournment request denied due to insufficient medical evidence of extraordinary circumstances.

The applicant requested an adjournment of the hearing, citing a disability, the withdrawal of his legal representative, and academic commitments.

The individual respondents consented, but the organizational respondent opposed the request.

The Tribunal denied the adjournment, finding that the applicant had not provided sufficient medical evidence to establish extraordinary circumstances and that the unavailability of his new representative and return to studies did not warrant an adjournment.

Changhyun Park v. University of Ontario Institute of Technology, 2015 HRTO 1705

Olanyi Parsons

In Private Practice29 cases2011–2025

Cory Wanless

8 cases2013–2025

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 30, 2015

Adjournment request denied; change of counsel and unexplained unavailability do not constitute exceptional circumstances.

The applicant requested an adjournment of a scheduled hearing date because her new counsel and she were unavailable.

The Tribunal denied the request, noting that the hearing date had been set based on previously provided availability and that retaining new counsel shortly before a hearing does not constitute an exceptional circumstance justifying an adjournment.

Hutchinson v. International Ladies Garment Worker Union Co-Op, 2015 HRTO 1618

Vincent Panetta

9 cases2013–2016

Stephen Maio

Not Practising Law - Employed21 cases2009–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 24, 2015

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

The applicant filed a human rights application alleging discrimination by the Durham Children's Aid Society and the York Police Services Board based on race, creed, and other grounds.

The allegations arose from the applicant's attempts to secure custody of her son, who had been placed in her sister's custody by a court order.

The Tribunal held a summary hearing and dismissed the application, finding that the applicant had no reasonable prospect of success because she could not point to any evidence connecting the respondents' actions to a prohibited ground of discrimination under the Human Rights Code.

SMS v. Durham Children’s Aid Society, 2015 HRTO 1588

Joanne Lagoudis

In Private Practice20 cases2010–2025

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 18, 2015

Human rights application dismissed; employer not vicariously liable for unreported sexual harassment by co-worker.

The applicant alleged that she was sexually harassed by a co-worker and mistreated by another co-worker, leading to her resignation.

At the hearing, after the applicant presented her evidence, the respondent requested that the application be dismissed for having no reasonable prospect of success.

The Tribunal found that the employer was not vicariously liable for the co-worker's alleged sexual harassment under section 46.3(1) of the Human Rights Code.

Furthermore, because the applicant never reported the harassment to the employer, the employer's duty to investigate and address the behavior was never triggered.

The Tribunal also found no evidence connecting the other co-worker's mistreatment to a prohibited ground of discrimination.

The application was dismissed.

Arora v. A-1 Bags & Supplies Inc., 2015 HRTO 1557

Joseph Cohen-Lyons

Practising Law - Employed6 cases2012–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 10, 2015

Human rights application dismissed as barred by section 34(11) due to concurrent civil action.

The applicant filed a human rights application alleging discrimination, harassment, and failure to accommodate in her employment.

The respondent requested dismissal of the application under section 34(11) of the Human Rights Code, arguing that the applicant had commenced a civil action based on the same facts.

The Tribunal found that the civil claim sought damages for emotional distress and contained allegations of discrimination and failure to accommodate, which amounted to seeking remedies for Code infringements.

Consequently, the Tribunal dismissed the application as barred by section 34(11)(a).

Sheppard v. Weeneebayko Area Health Authority, 2015 HRTO 1516

Marvin Gorodensky

6 cases2009–2015

Jay Josepho

Douglas Sanderson

Human rights application deferred pending resolution of concurrent civil action for wrongful dismissal.

The applicant filed a human rights application alleging age discrimination regarding the termination of his employment.

He had also commenced a civil action for wrongful dismissal against the respondent.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of the civil action.

Finding that the factual and legal issues in both proceedings overlapped, particularly with respect to remedy, the Tribunal ordered the application deferred until the conclusion of the civil action.

Witek v. Blue Streak Electronics Inc., 2015 HRTO 1490

Douglas Sanderson

Human rights application dismissed for delay; pursuing union grievances is not a good faith explanation.

The applicant filed a human rights application against her union more than one year after the last alleged incident of discrimination.

She explained the delay by stating she had filed grievances through her union which had not progressed.

The Tribunal found that pursuing other legal remedies before turning to the Tribunal does not constitute a good faith explanation for delay.

The application was dismissed as it was plain and obvious that it was filed outside the one-year limitation period without a good faith explanation.

Kulikowski v. Ontario Public Service Employees Union, 2015 HRTO 1482

Douglas Sanderson

Human rights application dismissed at preliminary stage as privacy breach allegations fall outside Tribunal's jurisdiction.

The applicant filed an application alleging discrimination based on sexual solicitation and advances and sexual orientation.

The primary allegation against the respondent was that it released the applicant's MRI information to members of his community.

The Tribunal issued a Notice of Intent to Dismiss, noting the lack of specific acts of discrimination within the meaning of the Code.

After reviewing the applicant's written submissions, the Tribunal found the allegations to be vague and primarily concerning privacy matters, which fall outside its jurisdiction.

The application was dismissed at a preliminary stage.

Augaitis v. Centre for Addiction and Mental Health, 2015 HRTO 1481

Douglas Sanderson

Human rights application dismissed for being filed outside the one-year limitation period without good faith delay.

The applicant filed a human rights application alleging discrimination based on disability after being apprehended by police and hospitalized involuntarily.

The application was filed almost three years after the incident.

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

The applicant argued the delay was due to lack of information and recent hospitalization.

The Tribunal found it plain and obvious that the applicant did not have a good faith explanation for the delay, as she waited to receive a police report rather than pursuing her rights in a timely manner.

The application was dismissed as being outside the Tribunal's jurisdiction.

Jacqueline Bell v. Peel Regional Police Service, 2015 HRTO 1480

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 3, 2015

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

The applicant filed an application alleging discrimination in employment based on a record of offenses.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the facts alleged did not describe discrimination based on a pardoned conviction.

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

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

Gaynes v. SRG (Stevens Resource Group), 2015 HRTO 1479

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 30, 2015

Employer ordered to pay $5,000 for failing to accommodate broken ankle and marital status harassment.

The applicant alleged discrimination in employment on the basis of disability, marital status, and reprisal.

She claimed her employer failed to accommodate her broken ankle by pressuring her to drive, and that the owner persistently harassed her regarding her sponsorship of her Jamaican husband.

The Tribunal found that the employer breached its duty to accommodate the applicant's temporary disability and engaged in workplace harassment based on marital status.

However, the Tribunal dismissed the applicant's claims that her subsequent termination and the issuance of an inaccurate Record of Employment were discriminatory or constituted a reprisal.

The applicant was awarded $5,000 as compensation for injury to dignity, feelings, and self-respect.

Pierce v. 856660303 Ontario Ltd. o/a Chair Cover King Ltd., 2015 HRTO 1456

Aaron MacKenzie

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 29, 2015

Tribunal orders respondent to disclose arguably relevant documents regarding training, subsidies, and staffing.

The applicant, an Early Childhood Educator, alleged discrimination in employment based on disability, claiming the respondent inequitably distributed wage subsidies, excluded her from training, and unfairly reduced her hours.

The applicant filed a Request for an Order During Proceedings seeking disclosure of various documents related to training, subsidies, staffing, and parent notices.

The Tribunal found the requested documents to be arguably relevant to the issues in dispute and ordered the respondent to produce them, noting that confidentiality concerns do not preclude disclosure under the Tribunal's Rules of Procedure.

S.R.S. v. The Centurion Group Ltd., 2015 HRTO 1453

Loreta Zubas

Bradley Troup

11 cases2010–2022

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 26, 2015

Request to defer human rights application denied as no overlapping WSIB appeal was initiated.

The respondent requested an order deferring the human rights application pending the conclusion of proceedings under the Workplace Safety and Insurance Act regarding a workplace injury sustained by the applicant.

The applicant confirmed that he had only filed Intent to Object forms to preserve timelines and had not initiated any appeals that would overlap with the issues in the human rights application.

The Tribunal found that deferral was not appropriate because no overlapping WSIB proceeding had been initiated and denied the respondent's request.

John McGean v. Cotton Inc., 2015 HRTO 1428

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 19, 2015

Human rights application dismissed; termination was due to poor performance, not pregnancy.

The applicant, a staffing coordinator, alleged that her employment was terminated because of her pregnancy, contrary to the Human Rights Code.

The respondent maintained that the dismissal was due to poor performance, lack of urgency, and failure to fill client orders.

The Tribunal found no evidence connecting the termination to the applicant's pregnancy, noting that the employer had accommodated her medical appointments and planned for her maternity leave.

The Tribunal accepted the respondent's non-discriminatory explanation that the applicant was dismissed for ongoing performance deficiencies, and dismissed the application.

Merchant v. Universal Staffing Inc., 2015 HRTO 1387

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 16, 2015

Human rights application dismissed at preliminary stage for failing to allege connection to prohibited grounds.

The applicant filed a human rights application alleging discrimination with respect to accommodation based on ancestry, place of origin, ethnic origin, and reprisal.

The applicant alleged the respondent made false complaints to assist the landlord in evicting her.

The Tribunal issued a Notice of Intent to Dismiss because the application failed to connect the respondent's actions to any prohibited ground of discrimination.

Finding it plain and obvious that the application did not raise issues within its jurisdiction, the Tribunal dismissed the application.

Lin v. Yong, 2015 HRTO 1380

Affected Party

Toronto Police ServiceSelf-represented
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Lewis HoppsSelf-represented
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Emmanuel OxleySelf-represented
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1 appearance
Leslie AustinSelf-represented
1 appearance
Sabina MulosmaniSelf-represented
1 appearance
Diana BoltinskySelf-represented
1 appearance
Stephanie TarczySelf-represented
1 appearance
Joseph WhitwellSelf-represented
1 appearance
Kevin WerbeskiAgent
1 appearance
Donna RyderSelf-represented
1 appearance
John GarlandSelf-represented
1 appearance
Warner GrovumSelf-represented
1 appearance
Liudmila GubrenkoSelf-represented
1 appearance
Clayton FullerSelf-represented
1 appearance
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1 appearance

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Pieter JoubertCounsel
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Carolyn KayCounsel
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Mr. GeigerCounsel
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Mano SachithananthanSelf-represented
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Allen RosarioSelf-represented
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C.G.Self-represented
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Sachchu KhanSelf-represented
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Katherine LinSelf-represented
3 appearances
Patrick JamesCounsel
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Randy KingSelf-represented
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E.L.Self-represented
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1 appearance

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2 appearances
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Rod GoodallAgent
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Thomas GorskyCounsel
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Melanie McNaughtCounsel
1 appearance

for Unifor Canada, Local 1285, Leon Rideout and Ardis Snow, Respondents

Niki LundquistCounsel
1 appearance

Next Friend for Madison Reece

Rachel ChetwynAgent
1 appearance

Representative

Shaun CrymbleAgent
1 appearance

Representative for the Respondents

Judit SchonwaldAgent
1 appearance

Representative for Xiaorui Sun

Qizhi JiaoAgent
1 appearance

Respondent

Cheryl FoyCounsel
1 appearance
Iain DonnellCounsel
1 appearance
Herman GrewalSelf-represented
1 appearance
Steven WilsonCounsel
1 appearance
Joyce TravagliniAgent
1 appearance
Said KarimiSelf-represented
1 appearance
Paula RusakCounsel
1 appearance

Respondents

William WatsonCounsel
1 appearance
Christopher McClellandCounsel
1 appearance
Jordan KirknessCounsel
1 appearance

Self-represented

Timothy OgilvieSelf-represented
1 appearance
Ronald IhaszSelf-represented
1 appearance
Christine ClarkeSelf-represented
1 appearance

667

Decisions

Years active

Tribunals

3.8

cases/mo

HRTO663(99%)

OPEHT4(1%)

Decision types

motion

611

trial

/Adjudicator

Douglas Sanderson — Vice-Chair

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Indigenous Legal Issues

Family and Matrimonial Law

Health Law

Douglas Sanderson

Vice-Chair·Ontario Pay Equity Hearings Tribunal·Since 2011

OPEHT HRTO

667

cases · 15 yrs · HRTO, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 491Adjudicator· 82Vice-chair· 67Adjudicator· 18Vice Chair· 5Vice-Chair· 4

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 15, 2016

Reconsideration request dismissed; Tribunal lacks jurisdiction due to mandatory bar under section 34(11).

The applicant requested reconsideration of a previous Tribunal decision that dismissed her application under the mandatory bar in section 34(11) of the Human Rights Code.

The applicant argued that the Tribunal should have deferred the application pending the conclusion of her civil claim against the respondent.

Sheppard v. Weeneebayko Area Health Authority, 2016 HRTO 66

Sandra Nishikawa

22 cases2008–2017

Charles Loopstra

6 cases2015–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 14, 2016

Human rights application against traffic court dismissed at preliminary stage due to adjudicative immunity.

The respondents argued the Tribunal lacked jurisdiction.

Simms v. Ontario (Attorney General), 2016 HRTO 64

Sue Lott

26 cases2009–2017

Douglas Sanderson

Human rights application not deferred where concurrent union grievance was held in abeyance.

The Tribunal issued a Notice of Intent to Defer the human rights application pending the completion of a concurrent grievance proceeding.

The applicant and his union submitted that deferral was not appropriate because the grievance was in abeyance due to the applicant being out of the workplace with no known return date.

The Tribunal found no basis to defer the application since the grievance was not proceeding, and directed the respondent to file a Response.

Michael Gleason v. Pembroke Regional Hospital, 2016 HRTO 57

David Fine

1 case2016–2016

Douglas Sanderson

Tribunal orders production of medical and employment records but denies requests for OHIP and criminal records.

The respondent in a human rights application requested an order for the production of the applicant's medical records, OHIP records, criminal records, and post-dismissal employment records.

The Tribunal ordered the applicant to produce medical records related to PTSD and anxiety for the period of his employment, as he had put his medical condition in issue.

The Tribunal also ordered the production of post-dismissal employment records as they were relevant to the issue of remedy.

The requests for OHIP records and criminal records were dismissed.

McLaughlin v. Hollyburn Properties, 2016 HRTO 55

Carole Jenkins

38 cases2001–2026

Amelia Daurio

4 cases2015–2017

Douglas Sanderson

In Private Practice26 cases2009–2025

Human rights application deferred pending completion of concurrent child protection proceedings to avoid inconsistent findings.

The applicant opposed the deferral, arguing the facts, legal issues, and remedies sought were different.

The Tribunal found that the proceedings dealt with the same facts and raised the potential for inconsistent results.

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

A.T. v. Children's Aid Society of Ottawa, 2016 HRTO 51

Christopher McClelland

Cheryl Foy

Not Practising Law - Employed3 cases2014–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioDec 17, 2015

Adjournment request denied due to insufficient medical evidence of extraordinary circumstances.

The applicant requested an adjournment of the hearing, citing a disability, the withdrawal of his legal representative, and academic commitments.

The individual respondents consented, but the organizational respondent opposed the request.

Changhyun Park v. University of Ontario Institute of Technology, 2015 HRTO 1705

Olanyi Parsons

In Private Practice29 cases2011–2025

Cory Wanless

8 cases2013–2025

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 30, 2015

Adjournment request denied; change of counsel and unexplained unavailability do not constitute exceptional circumstances.

The applicant requested an adjournment of a scheduled hearing date because her new counsel and she were unavailable.

Hutchinson v. International Ladies Garment Worker Union Co-Op, 2015 HRTO 1618

Vincent Panetta

9 cases2013–2016

Stephen Maio

Not Practising Law - Employed21 cases2009–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 24, 2015

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

The applicant filed a human rights application alleging discrimination by the Durham Children's Aid Society and the York Police Services Board based on race, creed, and other grounds.

The allegations arose from the applicant's attempts to secure custody of her son, who had been placed in her sister's custody by a court order.

SMS v. Durham Children’s Aid Society, 2015 HRTO 1588

Joanne Lagoudis

In Private Practice20 cases2010–2025

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 18, 2015

Human rights application dismissed; employer not vicariously liable for unreported sexual harassment by co-worker.

The applicant alleged that she was sexually harassed by a co-worker and mistreated by another co-worker, leading to her resignation.

At the hearing, after the applicant presented her evidence, the respondent requested that the application be dismissed for having no reasonable prospect of success.

The Tribunal found that the employer was not vicariously liable for the co-worker's alleged sexual harassment under section 46.3(1) of the Human Rights Code.

Furthermore, because the applicant never reported the harassment to the employer, the employer's duty to investigate and address the behavior was never triggered.

The Tribunal also found no evidence connecting the other co-worker's mistreatment to a prohibited ground of discrimination.

The application was dismissed.

Arora v. A-1 Bags & Supplies Inc., 2015 HRTO 1557

Joseph Cohen-Lyons

Practising Law - Employed6 cases2012–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 10, 2015

Human rights application dismissed as barred by section 34(11) due to concurrent civil action.

The applicant filed a human rights application alleging discrimination, harassment, and failure to accommodate in her employment.

The respondent requested dismissal of the application under section 34(11) of the Human Rights Code, arguing that the applicant had commenced a civil action based on the same facts.

Consequently, the Tribunal dismissed the application as barred by section 34(11)(a).

Sheppard v. Weeneebayko Area Health Authority, 2015 HRTO 1516

Marvin Gorodensky

6 cases2009–2015

Jay Josepho

Douglas Sanderson

Human rights application deferred pending resolution of concurrent civil action for wrongful dismissal.

The applicant filed a human rights application alleging age discrimination regarding the termination of his employment.

He had also commenced a civil action for wrongful dismissal against the respondent.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of the civil action.

Finding that the factual and legal issues in both proceedings overlapped, particularly with respect to remedy, the Tribunal ordered the application deferred until the conclusion of the civil action.

Witek v. Blue Streak Electronics Inc., 2015 HRTO 1490

Douglas Sanderson

Human rights application dismissed for delay; pursuing union grievances is not a good faith explanation.

The applicant filed a human rights application against her union more than one year after the last alleged incident of discrimination.

She explained the delay by stating she had filed grievances through her union which had not progressed.

The Tribunal found that pursuing other legal remedies before turning to the Tribunal does not constitute a good faith explanation for delay.

The application was dismissed as it was plain and obvious that it was filed outside the one-year limitation period without a good faith explanation.

Kulikowski v. Ontario Public Service Employees Union, 2015 HRTO 1482

Douglas Sanderson

Human rights application dismissed at preliminary stage as privacy breach allegations fall outside Tribunal's jurisdiction.

The applicant filed an application alleging discrimination based on sexual solicitation and advances and sexual orientation.

The primary allegation against the respondent was that it released the applicant's MRI information to members of his community.

The Tribunal issued a Notice of Intent to Dismiss, noting the lack of specific acts of discrimination within the meaning of the Code.

After reviewing the applicant's written submissions, the Tribunal found the allegations to be vague and primarily concerning privacy matters, which fall outside its jurisdiction.

The application was dismissed at a preliminary stage.

Augaitis v. Centre for Addiction and Mental Health, 2015 HRTO 1481

Douglas Sanderson

Human rights application dismissed for being filed outside the one-year limitation period without good faith delay.

The applicant filed a human rights application alleging discrimination based on disability after being apprehended by police and hospitalized involuntarily.

The application was filed almost three years after the incident.

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

The applicant argued the delay was due to lack of information and recent hospitalization.

The application was dismissed as being outside the Tribunal's jurisdiction.

Jacqueline Bell v. Peel Regional Police Service, 2015 HRTO 1480

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 3, 2015

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

The applicant filed an application alleging discrimination in employment based on a record of offenses.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the facts alleged did not describe discrimination based on a pardoned conviction.

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

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

Gaynes v. SRG (Stevens Resource Group), 2015 HRTO 1479

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 30, 2015

Employer ordered to pay $5,000 for failing to accommodate broken ankle and marital status harassment.

The applicant alleged discrimination in employment on the basis of disability, marital status, and reprisal.

She claimed her employer failed to accommodate her broken ankle by pressuring her to drive, and that the owner persistently harassed her regarding her sponsorship of her Jamaican husband.

The Tribunal found that the employer breached its duty to accommodate the applicant's temporary disability and engaged in workplace harassment based on marital status.

However, the Tribunal dismissed the applicant's claims that her subsequent termination and the issuance of an inaccurate Record of Employment were discriminatory or constituted a reprisal.

The applicant was awarded $5,000 as compensation for injury to dignity, feelings, and self-respect.

Pierce v. 856660303 Ontario Ltd. o/a Chair Cover King Ltd., 2015 HRTO 1456

Aaron MacKenzie

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 29, 2015

Tribunal orders respondent to disclose arguably relevant documents regarding training, subsidies, and staffing.

The applicant filed a Request for an Order During Proceedings seeking disclosure of various documents related to training, subsidies, staffing, and parent notices.

S.R.S. v. The Centurion Group Ltd., 2015 HRTO 1453

Loreta Zubas

Bradley Troup

11 cases2010–2022

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 26, 2015

Request to defer human rights application denied as no overlapping WSIB appeal was initiated.

The applicant confirmed that he had only filed Intent to Object forms to preserve timelines and had not initiated any appeals that would overlap with the issues in the human rights application.

The Tribunal found that deferral was not appropriate because no overlapping WSIB proceeding had been initiated and denied the respondent's request.

John McGean v. Cotton Inc., 2015 HRTO 1428

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 19, 2015

Human rights application dismissed; termination was due to poor performance, not pregnancy.

The applicant, a staffing coordinator, alleged that her employment was terminated because of her pregnancy, contrary to the Human Rights Code.

The respondent maintained that the dismissal was due to poor performance, lack of urgency, and failure to fill client orders.

The Tribunal found no evidence connecting the termination to the applicant's pregnancy, noting that the employer had accommodated her medical appointments and planned for her maternity leave.

The Tribunal accepted the respondent's non-discriminatory explanation that the applicant was dismissed for ongoing performance deficiencies, and dismissed the application.

Merchant v. Universal Staffing Inc., 2015 HRTO 1387

Douglas Sanderson