Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioDec 15, 2014

Tribunal allows human rights application alleging discriminatory dismissal and reprisal to proceed past preliminary jurisdictional review.

The applicant filed an application alleging discrimination in employment on the basis of race and colour, as well as reprisal.

The Tribunal issued a Notice of Intent to Dismiss, questioning whether the allegations fell within its jurisdiction.

The applicant submitted that he was dismissed for breaching a non-competition clause while white employees who did the same were not, and that his dismissal was in retaliation for a harassment complaint.

The Tribunal found it was not plain and obvious that the application fell outside its jurisdiction and directed that the application continue to be processed.

Fredricks v. The BTS Network Inc., 2014 HRTO 1785

Douglas Sanderson

Tribunal allows race discrimination application to proceed, finding jurisdiction not plainly and obviously lacking.

The applicant filed a human rights application alleging discrimination in employment on the basis of race.

The Tribunal issued a Notice of Intent to Dismiss, questioning whether the narrative identified specific acts of discrimination connected to a Code ground.

After receiving the applicant's submissions detailing allegations of unequal pay and differential treatment compared to non-black employees, the Tribunal found it was not plain and obvious that the application fell outside its jurisdiction.

The Tribunal ordered the application to proceed.

Vanessa Cummings v. Olly Frescos, 2014 HRTO 1780

Human rights application found timely where email filing occurred within one year despite administrative error.

The applicant filed a human rights application alleging discrimination with respect to housing.

The Tribunal issued an interim decision addressing two preliminary matters.

First, on consent of the parties, Dave Boucher was removed as a respondent.

Second, the respondents argued the application was filed outside the one-year time limit under section 34(1)(a) of the Human Rights Code.

The Tribunal found that the application was filed by email within the one-year time limit, and the later date recorded by the Tribunal was an administrative error.

The Tribunal ordered the application to proceed.

Perron v. Silo Cooperative Homes/Cooperative D’Habitation Silo Inc., 2014 HRTO 1778

Douglas Sanderson

Respondent deemed to have accepted human rights allegations after failing to file a Response.

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

The respondent failed to file a Response despite receiving a Notice of Application and a further direction from the Tribunal warning of the consequences of failing to respond.

The Tribunal ordered that the respondent is deemed to have accepted all allegations in the Application and waived all rights to notice or participation in the proceedings.

A case management conference call was scheduled to determine next steps.

Jing Huang v. Bruce Genno, 2014 HRTO 1777

Douglas Sanderson

Respondent ordered to provide contact information of proposed individual respondent to allow for proper service.

The applicant filed a Request for an Order During Proceedings seeking the full name and address of a member of the respondent golf club in order to add him as an individual respondent.

The respondent did not respond to the request.

The Tribunal ordered the respondent to provide the requested contact information so the applicant could properly serve the proposed respondent with a request to add him as a party.

Davis v. Whitevale Golf Club, 2014 HRTO 1772

Steven Wilson

10 cases1997–2015

Douglas Sanderson

Request to reactivate human rights application dismissed due to unexplained delay exceeding 60-day limit.

The applicant filed a request to reactivate her human rights application over five months after the conclusion of a related grievance arbitration.

The Tribunal's Rules require such requests to be filed within 60 days.

The applicant failed to provide any explanation for the delay despite being directed to do so.

The Tribunal found no good faith explanation for the delay, denied the request to reactivate, and dismissed the application.

Boltinsky v. Jewish Vocational Services Toronto, 2014 HRTO 1770

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioDec 9, 2014

Reconsideration denied; applicant's claim that he misunderstood hearing start time was not credible.

The applicant requested reconsideration of a decision dismissing his human rights application as abandoned after he failed to attend a scheduled teleconference hearing.

The applicant claimed he misunderstood the Notice of Hearing and believed he could call in at any time during the scheduled three-hour window.

The Tribunal denied the request, finding the applicant's explanation lacked credibility and did not constitute compelling and extraordinary circumstances to justify reconsideration under Rule 26.5(b).

Burman v. Adecco Employment Services Limited, 2014 HRTO 1768

Melanie Reist

In Private Practice7 cases2008–2018

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 28, 2014

Human rights application dismissed; charging standard golf cart rental fees to disabled member is not discriminatory.

The applicant, a member of a private golf club who requires a power cart due to a mobility disability, alleged that the club discriminated against him by charging him the standard rental fee for power carts and refusing his request for a discount or to use his own single-rider cart.

The Tribunal dismissed the application, finding that while the applicant incurred higher expenses than members who walk, this did not amount to a substantive disadvantage or barrier to his participation.

The club's 'blue flag' policy already accommodated his disability by allowing greater access to the course, and the requirement to pay for the cart rental did not constitute prima facie discrimination.

Larry Helm v. Deer Ridge Golf Club, 2014 HRTO 1722

Matthew Mihailovich

In Private Practice5 cases2012–2015

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 21, 2014

Human rights applications ordered to be heard together; paralegal removed as co-applicant.

The applicant filed two human rights applications against the respondents, alleging failure to accommodate and breach of a prior settlement agreement.

The Tribunal proposed to consolidate the applications.

The parties agreed that the applications could be heard together.

The Tribunal ordered the applications to be heard together to avoid a multiplicity of proceedings.

Additionally, the Tribunal removed the applicant's paralegal representative as an applicant to the proceeding, noting that a representative charging a fee cannot bring an application on behalf of another person.

Ouellet-Docherty v. Niagara Health System, 2014 HRTO 1685

Andrew Zabrowsky

Douglas Sanderson

Human rights application for failure to hire dismissed at summary hearing for lacking evidence of discrimination.

The applicant alleged discrimination in employment on the basis of sex, gender identity, family status, marital status, and age after being unsuccessful in approximately 30 job applications with the respondents.

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

The Tribunal found that the applicant failed to point to any evidence linking the respondents' decisions not to hire her to any prohibited grounds under the Human Rights Code.

The application was dismissed for having no reasonable prospect of success.

Backstrom v. GE Canada-Global Growth and Operations, 2014 HRTO 1681

Douglas Sanderson

Tribunal has no jurisdiction to award damages for defamation, counterclaims, or litigation costs.

The applicant in a human rights complaint requested an order to dismiss the respondent's request for compensation for defamation and costs, and to increase her own requested remedy by $16,000 to cover lost summer employment income and disbursements incurred while preparing her case.

The Tribunal dismissed both requests, holding that it has no jurisdiction under section 45.2 of the Human Rights Code to award damages for defamation, to entertain counterclaims, or to award compensation for the time and expense of litigating an application.

Dhir v. MacLean, 2014 HRTO 1680

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 19, 2014

Human rights application dismissed at preliminary stage for failing to connect allegations to prohibited grounds.

The applicant filed a human rights application alleging discrimination and reprisal by various insurance companies and police services.

The Tribunal issued a Notice of Intent to Dismiss, noting that the application failed to connect the respondents' alleged actions to any prohibited grounds of discrimination under the Code.

Finding it plain and obvious that the subject matter did not fall within its jurisdiction, the Tribunal dismissed the application at a preliminary stage.

Preddie v. Travelers Canada-Travelers Guarantee Company of Canada-Travelers Insurance Company-Travelers-St. Paul Travelers-St. Paul Fire and Marine, 2014 HRTO 1673

Douglas Sanderson

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

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

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

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

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

Anna Servello v. World Auto Parts Canada, 2014 HRTO 1671

Douglas Sanderson

Human rights application dismissed as abandoned after applicant failed to attend the scheduled hearing.

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

A hearing was scheduled, but the applicant failed to attend.

After waiting the customary 30 minutes and confirming that proper notice had been sent, the Tribunal dismissed the application as abandoned.

Ronald Armoogam v. JAK Tubular Products Inc., 2014 HRTO 1662

David Strashin

9 cases2001–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 14, 2014

Tribunal awards $5,000 and orders training for failure to accommodate tenant's chemical sensitivity.

The Tribunal held a remedy hearing following a finding that the respondent breached the applicant's rights by failing to accommodate her chemical sensitivity.

The applicant did not attend the hearing.

The Tribunal awarded $5,000 in compensation for injury to dignity, feelings, and self-respect, noting the objective seriousness of the respondent's conduct in ignoring her accommodation requests.

The Tribunal also ordered the respondent's managerial employees to complete human rights training.

Simona Noe v. Ranee Management, 2014 HRTO 1658

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 13, 2014

Tribunal awards $51,760 to applicant sexually assaulted by co-worker, relying on prior criminal conviction.

The applicant filed a human rights application alleging sexual harassment in the workplace by a co-worker.

The respondent had previously been criminally convicted of sexually assaulting the applicant during the incident in question.

Relying on the criminal court's findings of fact to prevent an abuse of process, the Tribunal found that the respondent's actions constituted egregious sexual harassment under section 7(2) of the Human Rights Code.

The Tribunal awarded the applicant $45,000 for injury to dignity, feelings, and self-respect, and $6,760 for lost wages resulting from her resignation following the assault.

C.K. v. H.S., 2014 HRTO 1652

Silas Polkinghorne

4 cases2014–2014

Jean Alexandre de Bousquet

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 6, 2014

Most housing discrimination allegations dismissed at summary hearing for lacking evidence, but wheelchair parking claim proceeds.

The applicant filed human rights applications alleging discrimination in housing based on disability, creed, and reprisal against her housing co-op and property management.

The respondents requested a summary hearing to dismiss the applications for having no reasonable prospect of success.

The Tribunal dismissed the majority of the applicant's allegations, including claims about elevator tampering, failure to repair, noxious chemicals, and a police complaint, finding they were based on speculation and lacked evidence connecting the events to Code grounds.

However, the Tribunal allowed the allegation regarding the removal of a wheelchair parking spot to proceed to a full hearing.

Hutchinson v. International Ladies Garment Worker Union Co-op, 2014 HRTO 1631

Mona Staples

Not Practising Law - Employed12 cases2013–2018

Christopher Hacio

5 cases2013–2018

Douglas Sanderson

Human rights application dismissed; nurse failed to prove theft of narcotics was caused by alcohol addiction.

The applicant, a Registered Practical Nurse, resigned in lieu of termination after admitting to stealing and ingesting a patient's narcotic medication.

She filed a human rights application alleging the respondent failed to accommodate her disability, specifically her addiction to alcohol.

The Tribunal found that the applicant failed to establish a prima facie case of discrimination, as there was no evidence that her misconduct was causally related to her alcohol addiction or that her judgment was impaired at the time of the theft.

The application was dismissed.

McLean v. Riverside Health Care Facilities Inc., 2014 HRTO 1621

Ian Solomon

18 cases2007–2017

Douglas Sanderson

Human rights application alleging reprisal via performance evaluation dismissed for delay and no reasonable prospect of success.

The applicant, a police officer, alleged that a negative performance evaluation he received in 2006 was a reprisal for reporting a subordinate's sexual harassment complaint.

He further alleged that the respondent's failure to remove the evaluation from his personnel file in 2011, as agreed during a grievance settlement, constituted an ongoing reprisal.

The Tribunal held a summary hearing and dismissed the application.

It found no reasonable prospect that the applicant could prove the failure to remove the evaluation was intentional or connected to his human rights complaint.

The Tribunal also found that the 2006 evaluation was a discrete incident, not a continuing contravention, and dismissed that portion of the application for delay.

Dewling v. Toronto Police Services Board, 2014 HRTO 1617

Douglas Sanderson

Employment and Labour Law

Respondents deemed to have accepted allegations in contravention of settlement application after failing to respond.

The applicant filed an Application for Contravention of Settlement.

The respondents failed to file a Response despite being directed to do so and warned of the consequences.

The Tribunal issued an interim decision deeming the respondents to have accepted all allegations in the Application and waived all rights to notice or participation in the proceedings.

A case management conference call was scheduled to determine the next steps.

Steeves v. SkyLine-55 Town Centre Inc., 2014 HRTO 1616

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

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Jacquie DagherCounsel
1 appearance

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Erin HallockCounsel
1 appearance

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Richard SinclairCounsel
1 appearance

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Garth O’NeilCounsel
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Elizabeth GraceCounsel
1 appearance

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Mark A. StoneCounsel
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Robert RichlerCounsel
1 appearance

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Robert RichlerCounsel
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Patrick GannonCounsel
1 appearance

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Taylor RansomCounsel
2 appearances

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Caroline CohenCounsel
1 appearance

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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

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Mano SachithananthanSelf-represented
1 appearance

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Alex Van KralingenCounsel
1 appearance

for Ontario Public Service Employees Union

Hillary CookCounsel
1 appearance

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Jerry RasoCounsel
1 appearance

for Securitas Canada Limited

Dan McDonaldCounsel
1 appearance

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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

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Sukanya PillayCounsel
1 appearance

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Devin PaulCounsel
1 appearance

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Holly WalbourneCounsel
1 appearance

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Kate HughesCounsel
1 appearance

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Cynthia PetersenCounsel
1 appearance

for the Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance

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Ayumi BaillyCounsel
1 appearance

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Mark MikulasikCounsel
1 appearance

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Cindy CohenCounsel
1 appearance

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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
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Kathryn BirdCounsel
3 appearances
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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

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Sheila MacKinnonCounsel
1 appearance

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Jane GoodingCounsel
1 appearance

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Kate HughesCounsel
1 appearance

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Taylor RansomCounsel
1 appearance

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Craig FloodCounsel
1 appearance

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Fatema DadaCounsel
1 appearance

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Kenneth AlexanderSelf-represented
1 appearance

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Kevin FoxSelf-represented
1 appearance

for the Respondent King Township

M. David RossCounsel
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Leslie PerrinSelf-represented
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James StewartCounsel
1 appearance

for the Respondent Manulife Financial

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1 appearance

for the Respondent, Middlesex-London Emergency Medical Services Authority

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1 appearance
John SaundersCounsel
1 appearance

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Meg AtkinsonCounsel
2 appearances

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Jennifer KatsunoCounsel
1 appearance

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1 appearance

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1 appearance

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Jessica DiFedericoCounsel
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Donald KiddCounsel
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Glenn ChristieCounsel
1 appearance

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Jordan LesterCounsel
1 appearance

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Jordan LesterCounsel
1 appearance

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Carolyn Cornford GreavesCounsel
1 appearance
Daniel HuffakerCounsel
1 appearance

for the Respondents

Lynette D’SouzaCounsel
2 appearances
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2 appearances
Ken MacDonaldCounsel
2 appearances
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2 appearances
Michael RichardsCounsel
2 appearances
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2 appearances
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2 appearances
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2 appearances
Ian JohnstoneCounsel
1 appearance
Marnie CorboldCounsel
1 appearance
Erin PorterAgent
1 appearance
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1 appearance
Peter ThorupCounsel
1 appearance
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1 appearance
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1 appearance
Paul H. StarkmanCounsel
1 appearance
Melissa ArrudaCounsel
1 appearance
Noel John HennessyAgent
1 appearance

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Christopher SinalCounsel
1 appearance

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1 appearance

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Daniel McDonaldCounsel
2 appearances

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Christine DaviesCounsel
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for the Respondent Service Employees International Union Local 1 Canada

Helen NowakCounsel
1 appearance
Ken EvettUnion representative
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Jacinthe BoudreauCounsel
2 appearances

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Nadia MarottaCounsel
1 appearance

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Roy FilionCounsel
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Wade PoziomkaCounsel
1 appearance

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1 appearance

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Allison TaylorCounsel
1 appearance

for the Respondent Teamsters Union Local 419

Michael HancockCounsel
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Michael HancockCounsel
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Michael HandlerCounsel
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Fred FisherCounsel
1 appearance

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Monica TessierCounsel
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Michelle GibbsCounsel
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Heidi de VriesCounsel
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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

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David PatacairkCounsel
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for the Respondent The Regional Municipality of Waterloo Police Services Board

Donald JarvisCounsel
1 appearance

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Jodi RussellAgent
1 appearance

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Elizabeth MontpetitCounsel
1 appearance

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Ted KovacsCounsel
2 appearances

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1 appearance

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Shaheen HiraniCounsel
1 appearance

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Cheryl FoyCounsel
1 appearance

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David AmyotCounsel
1 appearance

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Sarah CrossleyCounsel
1 appearance

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Agnes WintersingerCounsel
1 appearance

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Stephen MaioCounsel
1 appearance

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Niki LundquistCounsel
1 appearance

Next Friend for Madison Reece

Rachel ChetwynAgent
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Representative

Shaun CrymbleAgent
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Representative for the Respondents

Judit SchonwaldAgent
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Qizhi JiaoAgent
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Respondent

Cheryl FoyCounsel
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Iain DonnellCounsel
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Herman GrewalSelf-represented
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Steven WilsonCounsel
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Joyce TravagliniAgent
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Paula RusakCounsel
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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

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioDec 15, 2014

Tribunal allows human rights application alleging discriminatory dismissal and reprisal to proceed past preliminary jurisdictional review.

The applicant filed an application alleging discrimination in employment on the basis of race and colour, as well as reprisal.

The Tribunal issued a Notice of Intent to Dismiss, questioning whether the allegations fell within its jurisdiction.

The Tribunal found it was not plain and obvious that the application fell outside its jurisdiction and directed that the application continue to be processed.

Fredricks v. The BTS Network Inc., 2014 HRTO 1785

Douglas Sanderson

In Private Practice13 cases2008–2023

Tribunal allows race discrimination application to proceed, finding jurisdiction not plainly and obviously lacking.

The applicant filed a human rights application alleging discrimination in employment on the basis of race.

The Tribunal issued a Notice of Intent to Dismiss, questioning whether the narrative identified specific acts of discrimination connected to a Code ground.

The Tribunal ordered the application to proceed.

Vanessa Cummings v. Olly Frescos, 2014 HRTO 1780

Kathleen Stokes

Grace Alcaide Janicas

Douglas Sanderson

Human rights application found timely where email filing occurred within one year despite administrative error.

The applicant filed a human rights application alleging discrimination with respect to housing.

The Tribunal issued an interim decision addressing two preliminary matters.

First, on consent of the parties, Dave Boucher was removed as a respondent.

Second, the respondents argued the application was filed outside the one-year time limit under section 34(1)(a) of the Human Rights Code.

The Tribunal found that the application was filed by email within the one-year time limit, and the later date recorded by the Tribunal was an administrative error.

The Tribunal ordered the application to proceed.

Perron v. Silo Cooperative Homes/Cooperative D’Habitation Silo Inc., 2014 HRTO 1778

Douglas Sanderson

Respondent deemed to have accepted human rights allegations after failing to file a Response.

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

The respondent failed to file a Response despite receiving a Notice of Application and a further direction from the Tribunal warning of the consequences of failing to respond.

The Tribunal ordered that the respondent is deemed to have accepted all allegations in the Application and waived all rights to notice or participation in the proceedings.

A case management conference call was scheduled to determine next steps.

Jing Huang v. Bruce Genno, 2014 HRTO 1777

Douglas Sanderson

Respondent ordered to provide contact information of proposed individual respondent to allow for proper service.

The applicant filed a Request for an Order During Proceedings seeking the full name and address of a member of the respondent golf club in order to add him as an individual respondent.

The respondent did not respond to the request.

The Tribunal ordered the respondent to provide the requested contact information so the applicant could properly serve the proposed respondent with a request to add him as a party.

Davis v. Whitevale Golf Club, 2014 HRTO 1772

Steven Wilson

10 cases1997–2015

Douglas Sanderson

Request to reactivate human rights application dismissed due to unexplained delay exceeding 60-day limit.

The applicant filed a request to reactivate her human rights application over five months after the conclusion of a related grievance arbitration.

The Tribunal's Rules require such requests to be filed within 60 days.

The applicant failed to provide any explanation for the delay despite being directed to do so.

The Tribunal found no good faith explanation for the delay, denied the request to reactivate, and dismissed the application.

Boltinsky v. Jewish Vocational Services Toronto, 2014 HRTO 1770

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioDec 9, 2014

Reconsideration denied; applicant's claim that he misunderstood hearing start time was not credible.

The applicant requested reconsideration of a decision dismissing his human rights application as abandoned after he failed to attend a scheduled teleconference hearing.

The applicant claimed he misunderstood the Notice of Hearing and believed he could call in at any time during the scheduled three-hour window.

Burman v. Adecco Employment Services Limited, 2014 HRTO 1768

Melanie Reist

In Private Practice7 cases2008–2018

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 28, 2014

Human rights application dismissed; charging standard golf cart rental fees to disabled member is not discriminatory.

Larry Helm v. Deer Ridge Golf Club, 2014 HRTO 1722

Matthew Mihailovich

In Private Practice5 cases2012–2015

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 21, 2014

Human rights applications ordered to be heard together; paralegal removed as co-applicant.

The applicant filed two human rights applications against the respondents, alleging failure to accommodate and breach of a prior settlement agreement.

The Tribunal proposed to consolidate the applications.

The parties agreed that the applications could be heard together.

The Tribunal ordered the applications to be heard together to avoid a multiplicity of proceedings.

Ouellet-Docherty v. Niagara Health System, 2014 HRTO 1685

Andrew Zabrowsky

Douglas Sanderson

Human rights application for failure to hire dismissed at summary hearing for lacking evidence of discrimination.

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

The Tribunal found that the applicant failed to point to any evidence linking the respondents' decisions not to hire her to any prohibited grounds under the Human Rights Code.

The application was dismissed for having no reasonable prospect of success.

Backstrom v. GE Canada-Global Growth and Operations, 2014 HRTO 1681

Douglas Sanderson

Tribunal has no jurisdiction to award damages for defamation, counterclaims, or litigation costs.

Dhir v. MacLean, 2014 HRTO 1680

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 19, 2014

Human rights application dismissed at preliminary stage for failing to connect allegations to prohibited grounds.

The applicant filed a human rights application alleging discrimination and reprisal by various insurance companies and police services.

The Tribunal issued a Notice of Intent to Dismiss, noting that the application failed to connect the respondents' alleged actions to any prohibited grounds of discrimination under the Code.

Finding it plain and obvious that the subject matter did not fall within its jurisdiction, the Tribunal dismissed the application at a preliminary stage.

Preddie v. Travelers Canada-Travelers Guarantee Company of Canada-Travelers Insurance Company-Travelers-St. Paul Travelers-St. Paul Fire and Marine, 2014 HRTO 1673

Douglas Sanderson

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

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

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

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

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

Anna Servello v. World Auto Parts Canada, 2014 HRTO 1671

Douglas Sanderson

Human rights application dismissed as abandoned after applicant failed to attend the scheduled hearing.

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

A hearing was scheduled, but the applicant failed to attend.

After waiting the customary 30 minutes and confirming that proper notice had been sent, the Tribunal dismissed the application as abandoned.

Ronald Armoogam v. JAK Tubular Products Inc., 2014 HRTO 1662

David Strashin

9 cases2001–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 14, 2014

Tribunal awards $5,000 and orders training for failure to accommodate tenant's chemical sensitivity.

The Tribunal held a remedy hearing following a finding that the respondent breached the applicant's rights by failing to accommodate her chemical sensitivity.

The applicant did not attend the hearing.

The Tribunal awarded $5,000 in compensation for injury to dignity, feelings, and self-respect, noting the objective seriousness of the respondent's conduct in ignoring her accommodation requests.

The Tribunal also ordered the respondent's managerial employees to complete human rights training.

Simona Noe v. Ranee Management, 2014 HRTO 1658

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 13, 2014

Tribunal awards $51,760 to applicant sexually assaulted by co-worker, relying on prior criminal conviction.

The applicant filed a human rights application alleging sexual harassment in the workplace by a co-worker.

The respondent had previously been criminally convicted of sexually assaulting the applicant during the incident in question.

The Tribunal awarded the applicant $45,000 for injury to dignity, feelings, and self-respect, and $6,760 for lost wages resulting from her resignation following the assault.

C.K. v. H.S., 2014 HRTO 1652

Silas Polkinghorne

4 cases2014–2014

Jean Alexandre de Bousquet

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 6, 2014

Most housing discrimination allegations dismissed at summary hearing for lacking evidence, but wheelchair parking claim proceeds.

The applicant filed human rights applications alleging discrimination in housing based on disability, creed, and reprisal against her housing co-op and property management.

The respondents requested a summary hearing to dismiss the applications for having no reasonable prospect of success.

However, the Tribunal allowed the allegation regarding the removal of a wheelchair parking spot to proceed to a full hearing.

Hutchinson v. International Ladies Garment Worker Union Co-op, 2014 HRTO 1631

Mona Staples

Not Practising Law - Employed12 cases2013–2018

Christopher Hacio

5 cases2013–2018

Douglas Sanderson

Human rights application dismissed; nurse failed to prove theft of narcotics was caused by alcohol addiction.

The applicant, a Registered Practical Nurse, resigned in lieu of termination after admitting to stealing and ingesting a patient's narcotic medication.

She filed a human rights application alleging the respondent failed to accommodate her disability, specifically her addiction to alcohol.

The application was dismissed.

McLean v. Riverside Health Care Facilities Inc., 2014 HRTO 1621

Ian Solomon

18 cases2007–2017

Douglas Sanderson

Human rights application alleging reprisal via performance evaluation dismissed for delay and no reasonable prospect of success.

The applicant, a police officer, alleged that a negative performance evaluation he received in 2006 was a reprisal for reporting a subordinate's sexual harassment complaint.

He further alleged that the respondent's failure to remove the evaluation from his personnel file in 2011, as agreed during a grievance settlement, constituted an ongoing reprisal.

The Tribunal held a summary hearing and dismissed the application.

It found no reasonable prospect that the applicant could prove the failure to remove the evaluation was intentional or connected to his human rights complaint.

The Tribunal also found that the 2006 evaluation was a discrete incident, not a continuing contravention, and dismissed that portion of the application for delay.

Dewling v. Toronto Police Services Board, 2014 HRTO 1617

Douglas Sanderson