Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMay 15, 2015

Summary hearing request to dismiss family status discrimination applications regarding school communications denied.

The applicants, a father and his two children, alleged that the respondent school board discriminated against them on the basis of family status by failing to accommodate their request to ensure school communications reached both separated parents.

The respondent requested that the applications be dismissed at a summary hearing for having no reasonable prospect of success, arguing that accommodation was provided and that communicating with parents is not a service to students.

The Tribunal found that the applicants pointed to evidence which, if accepted, indicated a failure to accommodate, and that a full hearing was necessary to determine the merits and whether communicating with parents constitutes a service to students.

The request to dismiss the applications was denied.

E.L. (Litigation Guardian of) v. Ottawa-Carleton District School Board, 2015 HRTO 647

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMay 6, 2015

Request for reconsideration dismissed; no reasonable apprehension of bias or grounds for reconsideration established.

The applicant requested reconsideration of a Tribunal decision dismissing his human rights application for lack of standing.

The applicant argued that the Tribunal erred in its decision, misunderstood the scope of his application, and that there was a reasonable apprehension of bias on the part of the adjudicator.

The Tribunal dismissed the request, finding that reconsideration is not an appeal, the scope of the application was limited to the pleaded facts, and there was no reasonable apprehension of bias.

R.C. v. District School Board of Niagara, 2015 HRTO 579

Human rights application alleging employment discrimination based on disability and family status dismissed.

The applicant, a security supervisor, alleged discrimination in employment on the basis of disability and family status against his former employer, TSM, and the successor contractor, Securitas.

He claimed TSM harassed him regarding absences for pneumonia and gave him an unfair suspension and bonus.

He further alleged Securitas refused to hire him due to his need for day shifts to accommodate childcare and his disability.

The Tribunal dismissed the application, finding no evidence connecting TSM's actions to a protected ground and noting that a transitory bout of pneumonia is not a disability under the Code.

The Tribunal also found that Securitas was unaware of the applicant's disability and that his family status was not a factor in its decision not to offer him work, which was instead based on the unavailability of positions at his high wage rate.

Jeffrey Reaume v. Total Security Management and Securitas Canada Limited, 2015 HRTO 504

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioApr 14, 2015

Human rights application dismissed for delay as applicant failed to establish good faith explanation.

The applicant filed a human rights application alleging sexual harassment more than one year after the last incident.

She argued the delay was due to bad advice, a pending criminal proceeding, and a lack of knowledge of the law.

The Tribunal found that the applicant failed to make inquiries about her rights and did not exercise due diligence.

The explanation did not amount to a good faith reason for the delay, and the application was dismissed.

Jing Huang v. Bruce Genno, 2015 HRTO 473

Ted Kovacs

29 cases1996–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioApr 10, 2015

Individual respondents removed from human rights application where corporate respondent accepted vicarious liability.

The respondents filed a Request for an Order During Proceedings to remove the individual respondents from a human rights application alleging discrimination in employment based on disability.

The applicant did not file a response.

Applying the factors from Persaud, the Tribunal found that the corporate respondent accepted vicarious liability, had the ability to meet any remedy, and there were no specific allegations against the individual respondents.

The Tribunal granted the request and removed the individual respondents from the application.

McCullough v. Toyota Motor Manufacturing Canada Inc., 2015 HRTO 464

David Patacairk

Practising Law - Employed51 cases2009–2017

Douglas Sanderson

Human rights application dismissed for lack of jurisdiction as OC Transpo is a federal undertaking.

The applicant, a bus operator, filed an application alleging discrimination in employment on the basis of disability against the respondent, OC Transpo.

The respondent requested that the application be dismissed on the basis that it is a federally regulated undertaking and therefore falls outside the Tribunal's jurisdiction.

The Tribunal agreed, finding it plain and obvious that OC Transpo is a federal undertaking.

The application was dismissed for lack of jurisdiction.

Bal v. City of Ottawa OC Transpo, 2015 HRTO 437

Grace Vaccarelli

33 cases2009–2018

Bruce Ellis

25 cases2005–2023

Douglas Sanderson

Anonymization request granted for transgender applicant challenging government identification.

The applicant, a transsexual male, filed an application alleging discrimination regarding government-issued identification.

He requested an order to anonymize his identity by using his initials, arguing that identifying him would expose his sex assigned at birth and undermine the purpose of the application.

The respondent took no position.

The Tribunal granted the request, finding that the applicant's privacy interest outweighed the principle of open proceedings, as public disclosure would necessarily reveal his sex assigned at birth.

K.M. v. Ontario (Government and Consumer Services), 2015 HRTO 434

Christina Donszelmann

7 cases2012–2015

Douglas Sanderson

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

The applicant filed an application under s. 34 of the Human Rights Code alleging discrimination with respect to services.

The respondent requested dismissal of the application on the basis that many of the events were untimely.

The Tribunal directed the applicant to file a Reply to the Response and warned that failure to do so could result in the application being dismissed as abandoned.

The applicant failed to file any submissions.

Consequently, the Tribunal dismissed the application as abandoned.

Hammadieh v. Ontario (Community Safety and Correctional Services), 2015 HRTO 398

Margot Blight

15 cases1993–2022

Marc Munro

2 cases2008–2015

Jerry Raso

73 cases1990–2024

Douglas Sanderson

Practising Law - Employed6 cases2010–2015

Request to reactivate human rights application denied; deferral continued pending related grievance arbitration.

The applicant filed a Request for an Order During Proceedings seeking to reactivate her human rights application, which had been deferred pending a related grievance arbitration.

Although the original grievance was settled, the intervenor union had filed another grievance on the applicant's behalf regarding an unpaid suspension.

The Tribunal found that the issues in the two proceedings continued to overlap significantly and the arbitration was already well advanced.

The request to reactivate the application was denied and the deferral was continued.

Passarelli v. Hamilton-Wentworth Catholic District School Board, 2015 HRTO 393

Andrew Ashenhurst

Douglas Sanderson

Practising Law - Employed10 cases2009–2016

Reprisal claim dismissed as alleged retaliation did not involve Code rights; document production requests denied.

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

In this interim decision, the Tribunal dismissed the reprisal claim because the alleged retaliation was for assisting a co-worker with employment insurance and filing a WSIB claim, neither of which involved asserting rights under the Human Rights Code.

The Tribunal also denied the applicant's request for production of various documents, including other employees' files and the respondent's entire policy book, finding the requests overly broad and lacking arguable relevance.

Finally, the Tribunal addressed the respondent's complaint about the applicant's uncivil language in her submissions, accepting the self-represented applicant's apology and reminding her of the obligation to act courteously.

Samantha Helfrich v. Wal-Mart Canada Corp., 2015 HRTO 392

Sharmaine Hall

John Sanders

3 cases2008–2015

Douglas Sanderson

Tribunal consolidates human rights applications regarding a zoning by-law and denies respondent's request for deferral.

The applicants filed human rights applications alleging that a municipal zoning by-law discriminated against them on the basis of disability and age by threatening the operation of an adult day care business.

The parties requested that the two applications be consolidated, which the Tribunal granted given the common factual and legal issues.

The respondent also requested that the applications be deferred pending the outcome of an application to amend the zoning by-law.

The Tribunal denied the deferral request, finding that the amendment process would not address the monetary and public interest remedies sought, nor would it determine whether the by-law violated the Human Rights Code.

Graham (Litigation Guardian of) v. St. Thomas (City), 2015 HRTO 385

Kyle MacIsaac

2 cases2015–2015

Douglas Sanderson

Human rights application dismissed for lack of jurisdiction over federally-regulated interprovincial transportation enterprise.

The applicant filed a human rights application alleging age discrimination after being denied modified work following a shoulder injury.

The respondent requested the application be dismissed on the basis that it is a federally-regulated interprovincial transportation enterprise.

The Tribunal found it plain and obvious that the respondent is a federally-regulated undertaking, placing the matter outside provincial jurisdiction.

The application was dismissed.

White v. Seaboard Liquid Carriers Limited, 2015 HRTO 375

Douglas Sanderson

Application dismissed at preliminary stage as workplace harassment was not linked to a prohibited ground.

The applicant filed an application alleging discrimination in employment based on reprisal, claiming he was harassed by a co-worker and lacked management support.

The Tribunal issued a Notice of Intent to Dismiss because the allegations did not connect the harassment to a prohibited ground of discrimination under the Code.

The Tribunal found it plain and obvious that the application fell outside its jurisdiction, as general allegations of unfairness without a link to a prohibited ground do not constitute a human rights violation or a reprisal.

The application was dismissed.

Gord Podolski v. Jack May Chev Olds, 2015 HRTO 370

Julian Roy

15 cases2003–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 23, 2015

Request to reactivate deferred human rights application granted following conclusion of coroner's inquest.

The applicant requested to reactivate their human rights application, which had been deferred pending the conclusion of a coroner's inquest.

The coroner's inquest concluded and the jury rendered its verdict and recommendations.

The respondent did not respond to the request.

The Tribunal granted the request to reactivate the application.

The Estate of Kulmiye Aganeh v. Mental Health Centre Penetanguishene, 2015 HRTO 361

Paul Meier

115 cases2006–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 20, 2015

Human rights application dismissed; disability does not exempt an employee from standard surplus procedures.

The applicant, who had a disability, alleged discrimination and reprisal after his employer declared him surplus following a workforce adjustment initiative.

The applicant refused to attend the hearing, requesting a decision based on written materials.

The Tribunal found that the applicant's disability did not entitle him to bypass surplus procedures and be placed directly into a permanent position.

The employer appropriately accommodated the applicant by deferring his surplus job search period while he was medically unable to participate.

The application was dismissed for lack of evidence supporting discrimination or reprisal.

Ronald Ihasz v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Revenue, 2015 HRTO 352

Shana French

10 cases2010–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 16, 2015

Representative denied paralegal license cannot continue acting for applicant under unpaid friend exemption.

The applicant's representative, Harry Kopyto, was recently denied a paralegal license by the Law Society Tribunal.

He sought to continue representing the applicant before the Human Rights Tribunal of Ontario under the 'unpaid friend' exemption.

The Tribunal found that Mr. Kopyto did not meet the cumulative criteria for the exemption, as he had initially been retained in a professional capacity and had a history of providing legal services for compensation.

The Tribunal ordered that Mr. Kopyto be removed as the applicant's representative.

Borba v. Toronto Transit Commission, 2015 HRTO 329

Anita Balakrishna

Not Practising Law - Employed7 cases2004–2015

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 6, 2015

Human rights application deferred pending conclusion of related OLRB employment standards proceeding.

The applicant filed a human rights application alleging discrimination and reprisal in employment and accommodation.

The Tribunal considered whether to defer the application pending the conclusion of the applicant's related Employment Standards Act claim, which was before the Ontario Labour Relations Board (OLRB).

Finding a significant overlap of facts and issues regarding the termination of employment, and noting the OLRB proceeding was at a more advanced stage, the Tribunal deferred the application to avoid inconsistent findings.

Foger v. Humber Property Management, 2015 HRTO 271

Wade Poziomka

55 cases2011–2017

Bradley Troup

11 cases2010–2022

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 26, 2015

Human rights application dismissed against individual respondents following settlement with organizational respondent.

The applicant filed a human rights application against an organizational respondent and two individual respondents.

At the hearing, the parties engaged in mediation/adjudication and reached a settlement with the organizational respondent.

The applicant requested to withdraw the application against the individual respondents.

The Tribunal granted the request, dismissed the application against the individual respondents, and noted a closing letter would be issued regarding the organizational respondent.

El-Safadi v. Days Inn Lundys Lane, 2015 HRTO 235

Jo-Ann Seamon

Practising Law - Employed28 cases2009–2023

Douglas Sanderson

Tribunal grants amendment to add reprisal ground and orders limited production of internal management communications.

The applicant filed requests for orders to amend her human rights application to include the ground of reprisal and to compel the respondent to produce internal communications regarding her medical conditions and resignation.

The Tribunal granted the amendment, finding it was supported by the existing factual allegations and would not prejudice the respondent.

The Tribunal partially granted the production request, narrowing its scope to communications between specific managers during the relevant time period leading up to the applicant's resignation.

Lorrie Dempsey v. Costco Wholesale Canada Ltd., 2015 HRTO 229

Douglas Sanderson

Employment and Labour Law

Human rights application dismissed as abandoned after applicant failed to comply with disclosure directions.

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

Neither party complied with pre-hearing disclosure obligations.

The Tribunal issued a Case Assessment Direction requiring the materials to be filed and warning that failure to comply could result in dismissal for abandonment.

The applicant failed to file the materials or contact the Tribunal.

The application was dismissed as abandoned.

Sanzo v. 2412885 Ontario Inc., 2015 HRTO 228

Affected Party

Toronto Police ServiceSelf-represented
1 appearance

Applicant

Nina SouroushSelf-represented
1 appearance
Changhyun ParkSelf-represented
1 appearance
Bailee BuckmaterSelf-represented
1 appearance
Ardalan RobatiSelf-represented
1 appearance
Coleen JacobSelf-represented
1 appearance
Lewis HoppsSelf-represented
1 appearance
Emmanuel OxleySelf-represented
1 appearance
Nathalie CarrierSelf-represented
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
Garfield SimmsSelf-represented
1 appearance

Counsel

Caroline RichardCounsel
1 appearance
Paul MeierCounsel
1 appearance
Thomas StefanikCounsel
1 appearance

Counsel for the Respondent

Daphne FedorukCounsel
1 appearance
Catherine ConradCounsel
1 appearance

Counsel for the Respondents

Glenn ChristieCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance

for 1103531 Ontario Inc., c.o.b. as Video Plus

Pieter JoubertCounsel
1 appearance

for Atikokan Native Friendship Centre

Carolyn KayCounsel
1 appearance

for Bennett Health Care Centre

Brent ForemanCounsel
1 appearance

for Bill Tough

Robert HealeyCounsel
1 appearance

for Bruyere Continuing Care, Pamela Eisener-Parsche and Anne Harley, Respondents

Jacquie DagherCounsel
1 appearance

for Canadian Federation of Independent Unions (CNFIU), Charlene Nero

Erin HallockCounsel
1 appearance

for Canadian Soccer Association

Richard SinclairCounsel
1 appearance

for Community Living Atikokan

Garth O’NeilCounsel
1 appearance

for Dr. Ronald Dykeman

Elizabeth GraceCounsel
1 appearance

for eHealth Ontario and Lynn Corkum

Mark A. StoneCounsel
1 appearance

for Essex County Soccer Association and Ontario Soccer Association

Robert RichlerCounsel
1 appearance

for Etobicoke Youth Soccer Club and Remo DiCarlo

Robert RichlerCounsel
1 appearance

for General Paint Corporation, Dick Glassford, and Horst Kreissler

Patrick GannonCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario

Taylor RansomCounsel
2 appearances

for Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care

Caroline CohenCounsel
1 appearance

for Her Majesty the Queen in right of Ontario as represented by the Ministry of the Attorney General

Sandra NishikawaCounsel
1 appearance

for herself

Ewa GulbinowiczSelf-represented
1 appearance

for Labourers’ Workers Union, LIUNA, Local 183

Tracey HenryCounsel
1 appearance

for Loop

Mr. GeigerCounsel
1 appearance

for Mano Sachithananthan

Mano SachithananthanSelf-represented
1 appearance

for MCI Medical Clinics Inc., Robert Carleton, and Sophie Ritchie

Alex Van KralingenCounsel
1 appearance

for Ontario Public Service Employees Union

Hillary CookCounsel
1 appearance

for Peter Bernotas, Marie-Josée Duchesne, Doreen Pierini, Nicole Gueigueirre

Jerry RasoCounsel
1 appearance

for Securitas Canada Limited

Dan McDonaldCounsel
1 appearance

for Shohiduzzaman Chayan

Jordan RumanekAgent
1 appearance

for Soler D&V Licensing (Thornhill) Inc. and Lori Soler

Alex SolerAgent
1 appearance

for St. Michael’s Hospital, Cheryl Adoranti, Catherine Valentini and Denise Wilson

Michelle HenryCounsel
1 appearance

for the Affected Parties

Allan McKitrickCounsel
1 appearance
Ansuya PachaiCounsel
1 appearance

for the Affected Party

Adrienne LiangCounsel
1 appearance
Robert HealeyCounsel
1 appearance
Sue LottCounsel
1 appearance

for the Affected Party, Toronto Police Service Board

Ansuya PachaiCounsel
1 appearance

for the applicant

Emily DenommeCounsel
1 appearance
Isabelle Roy-NunnCounsel
1 appearance
Mr. FisherCounsel
1 appearance

for the Applicant

Allen RosarioSelf-represented
6 appearances
Ronald IhaszSelf-represented
6 appearances
Wade PoziomkaCounsel
6 appearances
Jamie McGinnisCounsel
4 appearances
Cecil NormanAgent
4 appearances
Rhonda HowellsAgent
4 appearances
David ArmstrongSelf-represented
4 appearances
Danielle BisnarCounsel
4 appearances
Felix AmazanSelf-represented
3 appearances
Kate SellarCounsel
3 appearances
Shahenaz AlibhaiSelf-represented
3 appearances
Christine LundyAgent
3 appearances
David BakerCounsel
3 appearances
C.G.Self-represented
3 appearances
Sachchu KhanSelf-represented
3 appearances
Angela ManciniAgent
3 appearances
Katherine LinSelf-represented
3 appearances
Patrick JamesCounsel
3 appearances
Joseph WhitwellSelf-represented
2 appearances
Randy KingSelf-represented
2 appearances

for the Applicants

Karen SanchezCounsel
2 appearances
Roger LoveCounsel
1 appearance
Michelle BoyceSelf-represented
1 appearance
Kate SellarCounsel
1 appearance
E.L.Self-represented
1 appearance
Sharmaine HallCounsel
1 appearance

for the College of Nurses of Ontario

Katharine MontpetitCounsel
3 appearances
Raj AnandCounsel
3 appearances

for the Former Respondent

Brent ForemanCounsel
1 appearance

for the Interested Party

Peter HardingCounsel
1 appearance

for the Intervenor

Jerry RasoCounsel
2 appearances
Kate HughesCounsel
1 appearance
Nini JonesCounsel
1 appearance
Geri SansonCounsel
1 appearance
Adam WebbCounsel
1 appearance
Paul O’RyanCounsel
1 appearance
Devon PaulCounsel
1 appearance
Tom RookeCounsel
1 appearance
Faisal BhabaCounsel
1 appearance
Elichai ShaffirCounsel
1 appearance
Anne GregoryCounsel
1 appearance
Elizabeth NurseCounsel
1 appearance
Alana MihaljCounsel
1 appearance
Lori KentCounsel
1 appearance
Mona StaplesCounsel
1 appearance
Jessica AmeyCounsel
1 appearance
Ryan GoldvineCounsel
1 appearance

for the Intervenor Canadian Auto Workers' Union - Canada

Lewis GottheilCounsel
1 appearance

for the Intervenor Canadian Civil Liberties Association

Sukanya PillayCounsel
1 appearance

for the Intervenor, Canadian Union of Public Employees, Local 1328

Devin PaulCounsel
1 appearance

for the Intervenor Nishnawbe-Gamik Friendship Centre

Holly WalbourneCounsel
1 appearance

for the Intervenor Ontario Nurses Association

Kate HughesCounsel
1 appearance

for the Intervenor Vaughan Professional Firefighters Association

Cynthia PetersenCounsel
1 appearance

for the Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance

for the Pay Equity Office

Ayumi BaillyCounsel
1 appearance

for the Polish Mutual Benefit Society

Mark MikulasikCounsel
1 appearance

for the Proposed Respondent

Cindy CohenCounsel
1 appearance

for the Proposed Respondent Alan Jackson

William R. CounterCounsel
1 appearance

for the Proposed Respondent, Nishnawbe-Gamik Friendship Centre

Holly WalbourneCounsel
1 appearance

for the Proposed Respondents Rick Hampton and Dina Hampton

Stephen PanzerCounsel
1 appearance

for the respondent

Carolyn KayCounsel
1 appearance

for the Respondent

Paul MeierCounsel
6 appearances
Steve LavenderCounsel
5 appearances
Holly WalbourneCounsel
5 appearances
Brenda BowlbyCounsel
3 appearances
Bettina BurgessCounsel
3 appearances
Gita AnandCounsel
3 appearances
Marni TolenskyCounsel
3 appearances
Laura KarabulutCounsel
3 appearances
Jonathan MaierCounsel
3 appearances
Murray WrightSelf-represented
3 appearances
Kathryn BirdCounsel
3 appearances
Elisha Jamieson-DaviesCounsel
2 appearances
Shana FrenchCounsel
2 appearances
Carissa TanzolaCounsel
2 appearances
Sven PoysaCounsel
2 appearances
John-Paul AlexandrowiczCounsel
2 appearances
Ian SolomonCounsel
2 appearances
Mandy FricotCounsel
2 appearances
Jessica YoungCounsel
2 appearances
Margot BlightCounsel
2 appearances

for the Respondent 92085 Ontario Inc. o/a Final Touch Services & Alladin Carpet Cleaning

Rod GoodallAgent
1 appearance

for the Respondent Acclaim Ability Management Inc.

Thomas GorskyCounsel
1 appearance

for the Respondent Amalgamated Transit Union 1624

Lisa FinebergCounsel
1 appearance

for the Respondent Bruce Lewis

Lawrence CrackowerCounsel
1 appearance

for the Respondent Canadian Union of Public Employees, Local 2713

Paul O’RyanCounsel
1 appearance

for the Respondent Canadian Union of Public Employees, Local 32

Paul O’RyanCounsel
1 appearance

for the Respondent Canadian Union of Public Employees, Local 79

Douglas WrayCounsel
1 appearance

for the Respondent CFJ Nuclear Contractors Ltd.

Richard CharneyCounsel
1 appearance
Daniel McDonaldCounsel
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 C[...] Inc.

Gary BatasarCounsel
1 appearance

for the Respondent City of Sarnia

Steven WilsonCounsel
1 appearance

for the Respondent City of Toronto

Darraugh MeagherCounsel
1 appearance

for the Respondent College of Nurses of Ontario

Raj AnandCounsel
2 appearances
Katharine MontpetitCounsel
1 appearance

for the Respondent Days Inn Lundys Lane

Bradley TroupCounsel
1 appearance

for the Respondent Domenic Alonzi

Enio ZeppieriCounsel
1 appearance

for the Respondent Dr. Eric Spindler

Jennifer KatsunoCounsel
1 appearance

for the Respondent, Durham Children’s Aid Society

Vincent PanettaCounsel
1 appearance

for the Respondent FCA Canada Inc.

Christopher DunnCounsel
1 appearance

for the Respondent Garda World Cash Services Canada Corporation

Mathieu DuceppeCounsel
1 appearance

for the Respondent Greater Essex County District School Board

Sheila MacKinnonCounsel
1 appearance

for the Respondent Hamilton-Wentworth District School Board

Jane GoodingCounsel
1 appearance

for the Respondent Hamilton-Wentworth Elementary Teachers’ Local

Kate HughesCounsel
1 appearance

for the Respondent Her Majesty the Queen as represented by the Minister of Education

Rachel WeinerCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario

Taylor RansomCounsel
1 appearance

for the Respondent Humber River Regional Hospital

Carolyn Cornford GreavesCounsel
1 appearance

for the Respondent International Brotherhood of Electrical Workers, Local 636

Craig FloodCounsel
1 appearance

for the Respondent Kapuskasing Ontario Provincial Police

Fatema DadaCounsel
1 appearance

for the Respondent Kenneth Alexander

Kenneth AlexanderSelf-represented
1 appearance

for the Respondent Kevin Fox

Kevin FoxSelf-represented
1 appearance

for the Respondent King Township

M. David RossCounsel
1 appearance

for the Respondent Leslie Perrin

Leslie PerrinSelf-represented
1 appearance

for the Respondent Manny Cardosa

James StewartCounsel
1 appearance

for the Respondent Manulife Financial

Sophia ZaidiCounsel
1 appearance

for the Respondent, Middlesex-London Emergency Medical Services Authority

Stephanie JeronimoCounsel
1 appearance
John SaundersCounsel
1 appearance

for the Respondent Millwright Regional Council of Ontario, Local 1592

Meg AtkinsonCounsel
2 appearances

for the Respondent Mohammad Reza Nikkhou

Jennifer KatsunoCounsel
1 appearance

for the Respondent North Eastern Ontario Family and Child Services

Justin EllertCounsel
1 appearance

for the Respondent Ontario Nurses Association

Colin JohnstonCounsel
1 appearance

for the Respondent Ontario Soccer Association

Jessica DiFedericoCounsel
1 appearance

for the Respondent Ontario Universities’ Application Centre

Donald KiddCounsel
1 appearance

for the Respondent Paul Armstrong

Glenn ChristieCounsel
1 appearance

for the Respondent Ralph Johnson

Jordan LesterCounsel
1 appearance

for the Respondent, Ralph Johnson

Jordan LesterCounsel
1 appearance

for the Respondent(s)

Carolyn Cornford GreavesCounsel
1 appearance
Daniel HuffakerCounsel
1 appearance

for the Respondents

Lynette D’SouzaCounsel
2 appearances
Nicole SmithCounsel
2 appearances
Greg BullenCounsel
2 appearances
Ken MacDonaldCounsel
2 appearances
Michael S. RichardsCounsel
2 appearances
Michael RichardsCounsel
2 appearances
Leslie FrattolinCounsel
2 appearances
Tina EarlCounsel
2 appearances
Patricia G. MurrayCounsel
2 appearances
Sunira ChaudhriCounsel
2 appearances
Ian JohnstoneCounsel
1 appearance
Marnie CorboldCounsel
1 appearance
Erin PorterAgent
1 appearance
Alix HerberCounsel
1 appearance
Peter ThorupCounsel
1 appearance
Jennifer RichardsCounsel
1 appearance
Erik KupkaCounsel
1 appearance
Paul H. StarkmanCounsel
1 appearance
Melissa ArrudaCounsel
1 appearance
Noel John HennessyAgent
1 appearance

for the Respondents and Proposed Respondents

Christopher SinalCounsel
1 appearance

for the Respondents Bram Samaroo and Ryan Pitcher

Christopher McClellandCounsel
1 appearance

for the Respondent Securitas Canada Limited

Daniel McDonaldCounsel
2 appearances

for the Respondents Elementary Teachers’ Federation of Ontario, Mathew Curran, Colleen Lee, Jennifer Mitchell and Sharron O’Halloran

Christine DaviesCounsel
1 appearance

for the Respondent Service Employees International Union Local 1 Canada

Helen NowakCounsel
1 appearance
Ken EvettUnion representative
1 appearance

for the Respondent Slovenian Linden Foundation

Jacinthe BoudreauCounsel
2 appearances

for the Respondent SM Medical Centre

Nadia MarottaCounsel
1 appearance

for the Respondents Peel District School Board, Mary Anne McArthur, Tina Morrison, Jan Courtin and Shirley Ann Teal

Roy FilionCounsel
1 appearance

for the Respondent Susan Wall

Wade PoziomkaCounsel
1 appearance

for the Respondents William Osler Heath System and Laura Albisu

Christopher ParkesCounsel
1 appearance

for the Respondents Winners Merchants International LP, Wendy Murcia, Marie-Jo Lemaire, Pierre Grenier, Natalina Ciarlo, Zeyna Erdogan and Abe Navarro

Allison TaylorCounsel
1 appearance

for the Respondent Teamsters Union Local 419

Michael HancockCounsel
1 appearance

for the Respondent Teamsters Union, Local 419

Michael HancockCounsel
1 appearance

for the Respondent Teston Pipeline Limited

Michael HandlerCounsel
1 appearance

for the Respondent The Board of Health for the Toronto Health Unit

Fred FisherCounsel
1 appearance

for the Respondent The College of Physicians and Surgeons of Ontario

Monica TessierCounsel
1 appearance
Michelle GibbsCounsel
1 appearance

for the Respondent The Corporation of the City of Brantford

Heidi de VriesCounsel
1 appearance

for the Respondent The Corporation of the City of Cambridge

Steve MathesonCounsel
1 appearance

for the Respondent The Corporation of the City of Thunder Bay

Andrew ZabrovskyCounsel
1 appearance

for the Respondent The Corporation of the City of Vaughan

Nancy SalernoCounsel
1 appearance

for the Respondent The Law Society of Upper Canada

Andrea GonsalvesCounsel
1 appearance

for the Respondent The Ottawa Hospital

Jacquie DagherCounsel
1 appearance

for the Respondent The Ottawa Police Service

David PatacairkCounsel
1 appearance

for the Respondent The Regional Municipality of Waterloo Police Services Board

Donald JarvisCounsel
1 appearance

for the Respondent Timmins and District Hospital

Jodi RussellAgent
1 appearance

for the Respondent Timmins Police Services

Elizabeth MontpetitCounsel
1 appearance

for the Respondent Toyota Motor Manufacturing Canada Inc.

Ted KovacsCounsel
2 appearances

for the Respondent Trentway Wager / Coach Canada

Craig LawrenceCounsel
1 appearance

for the Respondent United Steelworkers of America, Local 9597

Shaheen HiraniCounsel
1 appearance

for the Respondent University of Ontario Institute of Technology

Cheryl FoyCounsel
1 appearance

for the Respondent University of Windsor

David AmyotCounsel
1 appearance

for the Respondent Victorian Order of Nurses

Sarah CrossleyCounsel
1 appearance

for the Respondent Workplace Safety and Insurance Board

Agnes WintersingerCounsel
1 appearance

for the Respondent, York Police Services Board

Stephen MaioCounsel
1 appearance

for the Toronto Catholic District School Board, Carrado Maltese, John Shain, Norma Rios, Jose Cayanan, and Sylvie Talarico

Paul MatthewsCounsel
1 appearance

for The Town of Parry Sound

Charles LoopstraCounsel
1 appearance

for the Workplace Safety and Insurance Board

Gurjit BrarCounsel
1 appearance

for Total Security Management

David McKechnieCounsel
1 appearance

for Unicco Facility Services Canada Company

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

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

Roger Mills

22 cases1995–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMay 15, 2015

Summary hearing request to dismiss family status discrimination applications regarding school communications denied.

The request to dismiss the applications was denied.

E.L. (Litigation Guardian of) v. Ottawa-Carleton District School Board, 2015 HRTO 647

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMay 6, 2015

Request for reconsideration dismissed; no reasonable apprehension of bias or grounds for reconsideration established.

The applicant requested reconsideration of a Tribunal decision dismissing his human rights application for lack of standing.

The applicant argued that the Tribunal erred in its decision, misunderstood the scope of his application, and that there was a reasonable apprehension of bias on the part of the adjudicator.

The Tribunal dismissed the request, finding that reconsideration is not an appeal, the scope of the application was limited to the pleaded facts, and there was no reasonable apprehension of bias.

R.C. v. District School Board of Niagara, 2015 HRTO 579

David McKechnie

In Private Practice1 case2015–2015

Dan McDonald

7 cases2010–2018

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioApr 21, 2015

Human rights application alleging employment discrimination based on disability and family status dismissed.

The applicant, a security supervisor, alleged discrimination in employment on the basis of disability and family status against his former employer, TSM, and the successor contractor, Securitas.

He claimed TSM harassed him regarding absences for pneumonia and gave him an unfair suspension and bonus.

He further alleged Securitas refused to hire him due to his need for day shifts to accommodate childcare and his disability.

The Tribunal dismissed the application, finding no evidence connecting TSM's actions to a protected ground and noting that a transitory bout of pneumonia is not a disability under the Code.

Jeffrey Reaume v. Total Security Management and Securitas Canada Limited, 2015 HRTO 504

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioApr 14, 2015

Human rights application dismissed for delay as applicant failed to establish good faith explanation.

The applicant filed a human rights application alleging sexual harassment more than one year after the last incident.

She argued the delay was due to bad advice, a pending criminal proceeding, and a lack of knowledge of the law.

The Tribunal found that the applicant failed to make inquiries about her rights and did not exercise due diligence.

The explanation did not amount to a good faith reason for the delay, and the application was dismissed.

Jing Huang v. Bruce Genno, 2015 HRTO 473

Ted Kovacs

29 cases1996–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioApr 10, 2015

Individual respondents removed from human rights application where corporate respondent accepted vicarious liability.

The respondents filed a Request for an Order During Proceedings to remove the individual respondents from a human rights application alleging discrimination in employment based on disability.

The applicant did not file a response.

The Tribunal granted the request and removed the individual respondents from the application.

McCullough v. Toyota Motor Manufacturing Canada Inc., 2015 HRTO 464

David Patacairk

Practising Law - Employed51 cases2009–2017

Douglas Sanderson

Human rights application dismissed for lack of jurisdiction as OC Transpo is a federal undertaking.

The applicant, a bus operator, filed an application alleging discrimination in employment on the basis of disability against the respondent, OC Transpo.

The respondent requested that the application be dismissed on the basis that it is a federally regulated undertaking and therefore falls outside the Tribunal's jurisdiction.

The Tribunal agreed, finding it plain and obvious that OC Transpo is a federal undertaking.

The application was dismissed for lack of jurisdiction.

Bal v. City of Ottawa OC Transpo, 2015 HRTO 437

Grace Vaccarelli

33 cases2009–2018

Bruce Ellis

25 cases2005–2023

Douglas Sanderson

Anonymization request granted for transgender applicant challenging government identification.

The applicant, a transsexual male, filed an application alleging discrimination regarding government-issued identification.

He requested an order to anonymize his identity by using his initials, arguing that identifying him would expose his sex assigned at birth and undermine the purpose of the application.

The respondent took no position.

The Tribunal granted the request, finding that the applicant's privacy interest outweighed the principle of open proceedings, as public disclosure would necessarily reveal his sex assigned at birth.

K.M. v. Ontario (Government and Consumer Services), 2015 HRTO 434

Christina Donszelmann

7 cases2012–2015

Douglas Sanderson

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

The applicant filed an application under s. 34 of the Human Rights Code alleging discrimination with respect to services.

The respondent requested dismissal of the application on the basis that many of the events were untimely.

The Tribunal directed the applicant to file a Reply to the Response and warned that failure to do so could result in the application being dismissed as abandoned.

The applicant failed to file any submissions.

Consequently, the Tribunal dismissed the application as abandoned.

Hammadieh v. Ontario (Community Safety and Correctional Services), 2015 HRTO 398

Margot Blight

15 cases1993–2022

Marc Munro

2 cases2008–2015

Jerry Raso

73 cases1990–2024

Douglas Sanderson

Practising Law - Employed6 cases2010–2015

Request to reactivate human rights application denied; deferral continued pending related grievance arbitration.

The applicant filed a Request for an Order During Proceedings seeking to reactivate her human rights application, which had been deferred pending a related grievance arbitration.

Although the original grievance was settled, the intervenor union had filed another grievance on the applicant's behalf regarding an unpaid suspension.

The Tribunal found that the issues in the two proceedings continued to overlap significantly and the arbitration was already well advanced.

The request to reactivate the application was denied and the deferral was continued.

Passarelli v. Hamilton-Wentworth Catholic District School Board, 2015 HRTO 393

Andrew Ashenhurst

Douglas Sanderson

Practising Law - Employed10 cases2009–2016

Reprisal claim dismissed as alleged retaliation did not involve Code rights; document production requests denied.

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

Samantha Helfrich v. Wal-Mart Canada Corp., 2015 HRTO 392

Sharmaine Hall

John Sanders

3 cases2008–2015

Douglas Sanderson

Tribunal consolidates human rights applications regarding a zoning by-law and denies respondent's request for deferral.

The parties requested that the two applications be consolidated, which the Tribunal granted given the common factual and legal issues.

The respondent also requested that the applications be deferred pending the outcome of an application to amend the zoning by-law.

Graham (Litigation Guardian of) v. St. Thomas (City), 2015 HRTO 385

Kyle MacIsaac

2 cases2015–2015

Douglas Sanderson

Human rights application dismissed for lack of jurisdiction over federally-regulated interprovincial transportation enterprise.

The applicant filed a human rights application alleging age discrimination after being denied modified work following a shoulder injury.

The respondent requested the application be dismissed on the basis that it is a federally-regulated interprovincial transportation enterprise.

The Tribunal found it plain and obvious that the respondent is a federally-regulated undertaking, placing the matter outside provincial jurisdiction.

The application was dismissed.

White v. Seaboard Liquid Carriers Limited, 2015 HRTO 375

Douglas Sanderson

Application dismissed at preliminary stage as workplace harassment was not linked to a prohibited ground.

The applicant filed an application alleging discrimination in employment based on reprisal, claiming he was harassed by a co-worker and lacked management support.

The Tribunal issued a Notice of Intent to Dismiss because the allegations did not connect the harassment to a prohibited ground of discrimination under the Code.

The application was dismissed.

Gord Podolski v. Jack May Chev Olds, 2015 HRTO 370

Julian Roy

15 cases2003–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 23, 2015

Request to reactivate deferred human rights application granted following conclusion of coroner's inquest.

The applicant requested to reactivate their human rights application, which had been deferred pending the conclusion of a coroner's inquest.

The coroner's inquest concluded and the jury rendered its verdict and recommendations.

The respondent did not respond to the request.

The Tribunal granted the request to reactivate the application.

The Estate of Kulmiye Aganeh v. Mental Health Centre Penetanguishene, 2015 HRTO 361

Paul Meier

115 cases2006–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 20, 2015

Human rights application dismissed; disability does not exempt an employee from standard surplus procedures.

The applicant, who had a disability, alleged discrimination and reprisal after his employer declared him surplus following a workforce adjustment initiative.

The applicant refused to attend the hearing, requesting a decision based on written materials.

The Tribunal found that the applicant's disability did not entitle him to bypass surplus procedures and be placed directly into a permanent position.

The employer appropriately accommodated the applicant by deferring his surplus job search period while he was medically unable to participate.

The application was dismissed for lack of evidence supporting discrimination or reprisal.

Ronald Ihasz v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Revenue, 2015 HRTO 352

Shana French

10 cases2010–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 16, 2015

Representative denied paralegal license cannot continue acting for applicant under unpaid friend exemption.

The applicant's representative, Harry Kopyto, was recently denied a paralegal license by the Law Society Tribunal.

He sought to continue representing the applicant before the Human Rights Tribunal of Ontario under the 'unpaid friend' exemption.

The Tribunal ordered that Mr. Kopyto be removed as the applicant's representative.

Borba v. Toronto Transit Commission, 2015 HRTO 329

Anita Balakrishna

Not Practising Law - Employed7 cases2004–2015

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 6, 2015

Human rights application deferred pending conclusion of related OLRB employment standards proceeding.

The applicant filed a human rights application alleging discrimination and reprisal in employment and accommodation.

The Tribunal considered whether to defer the application pending the conclusion of the applicant's related Employment Standards Act claim, which was before the Ontario Labour Relations Board (OLRB).

Foger v. Humber Property Management, 2015 HRTO 271

Wade Poziomka

55 cases2011–2017

Bradley Troup

11 cases2010–2022

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 26, 2015

Human rights application dismissed against individual respondents following settlement with organizational respondent.

The applicant filed a human rights application against an organizational respondent and two individual respondents.

At the hearing, the parties engaged in mediation/adjudication and reached a settlement with the organizational respondent.

The applicant requested to withdraw the application against the individual respondents.

The Tribunal granted the request, dismissed the application against the individual respondents, and noted a closing letter would be issued regarding the organizational respondent.

El-Safadi v. Days Inn Lundys Lane, 2015 HRTO 235

Jo-Ann Seamon

Practising Law - Employed28 cases2009–2023

Douglas Sanderson

Tribunal grants amendment to add reprisal ground and orders limited production of internal management communications.

The Tribunal granted the amendment, finding it was supported by the existing factual allegations and would not prejudice the respondent.

The Tribunal partially granted the production request, narrowing its scope to communications between specific managers during the relevant time period leading up to the applicant's resignation.

Lorrie Dempsey v. Costco Wholesale Canada Ltd., 2015 HRTO 229

Douglas Sanderson