Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioSep 10, 2014

Tribunal dismisses older reprisal allegations for delay but allows timely time sheet alteration claim to proceed.

The applicant filed a human rights application alleging discrimination and reprisal with respect to employment, specifically regarding accommodation for childcare responsibilities.

The Tribunal held a summary hearing to determine whether parts of the application should be dismissed for delay or lack of a reasonable prospect of success.

The Tribunal dismissed allegations relating to a 2012 reprimand due to delay, finding no good faith explanation for failing to file within the one-year limitation period.

An allegation regarding discipline for use of a company vehicle was also dismissed for having no reasonable prospect of success.

However, the Tribunal allowed the timely allegation that the respondents altered the applicant's time sheets as a reprisal to proceed to a hearing on the merits.

McGovern v. 920852 Ontario Inc. o/a Final Touch Services & Alladin Carpet Cleaning, 2014 HRTO 1340

Human rights application allowed to proceed where applicant did not sign union grievance settlement.

The applicant filed a human rights application alleging workplace discrimination and reprisal.

The respondents requested dismissal on the basis that a union grievance settlement had appropriately dealt with the substance of the application.

The Tribunal held a summary hearing.

The applicant was permitted to withdraw her application against the union without conditions.

The Tribunal declined to dismiss the application against the employer, finding that because the applicant did not sign or agree to the grievance settlement, it did not appropriately deal with the substance of her application.

The Tribunal also found the application had a reasonable prospect of success and directed it to proceed to a full hearing.

Myers v. William Osler Health System, 2014 HRTO 1331

Ian Johnstone

43 cases2012–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioSep 3, 2014

Tribunal ordered removal of a respondent on consent and consolidated two overlapping human rights applications.

The respondents requested an order to consolidate two human rights applications filed by the applicant and to remove the Corporation of the Town of Shelburne as a respondent.

The applicant consented to the removal of the Town of Shelburne but opposed consolidation, arguing the applications involved separate issues.

The Tribunal applied the Lattey factors and found that the applications involved the same parties, overlapping allegations regarding failure to accommodate, and formed a factual continuum.

The Tribunal ordered the removal of the Town of Shelburne and granted the consolidation of the applications to avoid unnecessary duplication.

Doyle v. The Shelburne Police Services Board, 2014 HRTO 1297

Sunny Zhai

10 cases2014–2026

Douglas Sanderson

Human rights application deferred pending completion of related Provincial Offences Act prosecution regarding aboriginal trapping rights.

The applicant filed a human rights application alleging discrimination based on race, ancestry, and other grounds after a Conservation Officer confiscated his traps for lacking a trapping licence.

The applicant claimed he was engaging in traditional trapping as a member of an Algonquin First Nation.

The respondents requested to defer the application pending the completion of a related Provincial Offences Act prosecution in the Ontario Court of Justice.

The Tribunal granted the deferral, finding that the court proceeding and the application were based on the same facts and raised the same issue of aboriginal rights, creating a potential for inconsistent findings if they proceeded concurrently.

Manit8abe8ich v. Ontario (Natural Resources and Forestry), 2014 HRTO 1284

Elisha Jamieson-Davies

4 cases2014–2015

Douglas Sanderson

Request to dismiss application denied; volunteer work may constitute employment under the Human Rights Code.

The applicant alleged discrimination based on disability after being denied a volunteer position on an advisory committee at a detoxification centre where he was an active client.

The respondent requested the application be dismissed at a preliminary stage, arguing that committee membership is not a 'service' under section 1 of the Human Rights Code.

The Tribunal denied the request, finding it was not plain and obvious that the application fell outside its jurisdiction, as volunteer work may be considered 'employment' under section 5 of the Code.

Randy Roberts v. St. Leonard’s Community Services and Brant Community Healthcare System, 2014 HRTO 1283

Douglas Sanderson

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

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

The respondent failed to file a response and was deemed to have accepted the allegations.

During a case management conference call, the applicant became upset, stated she did not wish to proceed, and hung up.

The Tribunal issued a Case Assessment Direction requiring the applicant to confirm her intentions, warning that failure to do so could result in dismissal for abandonment.

The applicant did not respond.

The Tribunal found the application abandoned and dismissed it.

Jones v. Just Eddies, 2014 HRTO 1282

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 28, 2014

Human rights application dismissed as abandoned after applicant failed to file a Reply.

The applicant filed an application alleging discrimination in employment.

The respondent filed a Response.

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

The applicant failed to file a Reply.

The Tribunal deemed the application abandoned and dismissed it.

Serge Menard v. Wedlock Paper Converters Limited, 2014 HRTO 1276

Marisa Scotto di Luzio

14 cases2013–2025

Douglas Sanderson

Tribunal assumes jurisdiction over employment discrimination claim against First Nation delivering provincial Ontario Works services.

The applicant filed a human rights application alleging employment discrimination by the respondent, a First Nation organization.

The Tribunal questioned whether the matter fell under federal jurisdiction.

The applicant submitted that she was employed to provide Ontario Works services, which is a provincial program, and that labour relations are presumptively within provincial jurisdiction.

The Tribunal found it was not plain and obvious that the matter fell outside its jurisdiction and directed that the application proceed.

Cheryl Raiche v. Pic Mobert First Nation, 2014 HRTO 1271

Justin Diggle

21 cases1997–2018

Douglas Sanderson

Human rights application deferred pending completion of concurrent union grievance proceeding regarding employment termination.

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

He also filed a union grievance based on the same facts and requested that the Tribunal defer the application pending the resolution of the grievance.

The respondent agreed to the deferral.

The Tribunal deferred the application, noting its normal practice to defer to concurrent grievance proceedings where there is substantial overlap in facts and human rights issues, to avoid duplication and inconsistent results.

Daniel Smyth v. Liquor Control Board of Ontario, 2014 HRTO 1268

Douglas Sanderson

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, directing the applicant to respond by a specified date.

The applicant failed to respond to the NOID.

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

Sarah Morgan v. Hilton Garden Inn, Ajax, Ontario, 2014 HRTO 1267

Yohuda Levinson

1 case2014–2014

Amelio The

3 cases2014–2020

Douglas Sanderson

Human rights application deferred pending resolution of concurrent civil action and WSIB proceedings.

The applicant filed a human rights application alleging workplace sexual harassment and assault, while concurrently pursuing a civil action and a WSIB/WSIAT claim based on the same allegations.

The applicant requested that the Tribunal defer its proceedings pending the resolution of the other matters.

The respondents opposed the deferral, arguing the multiplicity of proceedings was an abuse of process.

The Tribunal granted the deferral, finding significant overlap in the factual and legal issues and noting that the civil action was further advanced and the WSIAT's decision on the right to sue would inform the appropriate forum.

El-Khatib v. 1726837 Ontario Inc., 2014 HRTO 1258

Douglas Sanderson

Human rights application dismissed as abandoned after applicant failed to file a directed Reply.

The applicant filed an application alleging discrimination in employment.

The respondent filed a Response requesting dismissal on the basis that another proceeding had dealt with the substance of the application.

The Tribunal directed the applicant to file a Reply, warning that failure to do so could result in the application being deemed abandoned.

The applicant failed to file a Reply.

The Tribunal deemed the application abandoned and dismissed it.

Hackett v. eHealth Ontario, 2014 HRTO 1257

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 25, 2014

Human rights application closed due to applicant's failure to respond to notices of incomplete application.

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

The Tribunal issued a Notice of Incomplete Application and subsequently a Failure to Respond to Notice of Incomplete Application Notice.

The applicant failed to respond to either notice by the specified deadlines.

Consequently, the Tribunal closed the file and returned the incomplete application to the applicant.

Darryl Brochu v. McDonald’s, 2014 HRTO 1255

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 19, 2014

Employer ordered to pay $2,000 for workplace harassment involving vulgar comments and family status threats.

The applicant, a former employee of a car rental business, alleged discrimination and harassment in employment based on sex and family status by the business owners.

The Tribunal found that the organizational respondent was not the applicant's employer at the relevant time.

While one owner made an inappropriate comment, it did not amount to a course of vexatious conduct.

However, the Tribunal found that the other owner, Olga Baranova, engaged in a course of vexatious conduct by making vulgar comments about the applicant's genitalia and threatening her regarding government assistance she received as a single mother.

The Tribunal ordered Ms. Baranova to pay $2,000 as compensation for injury to dignity, feelings, and self-respect.

Gubrenko v. T.O.J. Empire Auto, 2014 HRTO 1232

Caroline Richard

10 cases2008–2025

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 28, 2014

Human rights application dismissed as an employment standards investigation already dealt with the substance of the allegations.

The applicant filed a human rights application alleging discrimination and reprisal regarding her employment, pregnancy/parental leave, and subsequent termination.

The respondent requested dismissal under section 45.1 of the Human Rights Code, arguing that an Employment Standards Officer (ESO) had already investigated and dismissed the same allegations under the Employment Standards Act.

The Tribunal found that the ESO proceeding appropriately dealt with the substance of the pregnancy discrimination and termination reprisal claims, making it impossible for those claims to succeed before the Tribunal.

The Tribunal dismissed the remaining allegations for delay, finding they occurred outside the one-year limitation period and could not form part of a series of incidents with the termination.

Nathalie Carrier v. National Capital Region YMCA-YWCA, 2014 HRTO 1106

Anne Gallop

7 cases2000–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 25, 2014

Human rights application dismissed as an abuse of process because the applicant signed a valid release.

The applicant filed a human rights application alleging age discrimination after her employment was terminated.

The respondent requested dismissal on the basis that the applicant had signed a full and final release in exchange for a severance package.

The applicant argued she signed the release under duress due to her medical condition, her husband's illness, and the pressure of relocating.

The Tribunal applied the Pritchard factors and found no evidence of duress or lack of capacity.

The Tribunal held that allowing the application to proceed in light of the clear language of the release would amount to an abuse of process and dismissed the application.

Winnifred Wood v. LifeLabs LP, 2014 HRTO 1100

Michelle Alton

14 cases2010–2014

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 22, 2014

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

The applicant alleged discrimination in employment based on disability, specifically regarding the respondent's attendance management process and a comment made by a supervisor in 2009.

The Tribunal dismissed the 2009 allegation for delay, finding it did not form a series of incidents with the later allegations and there was no good faith explanation for the delay.

After hearing the applicant's evidence, the Tribunal dismissed the remainder of the application for having no reasonable prospect of success, as the evidence showed the respondent accommodated the applicant's established disability and disciplined him only for culpable absences unrelated to his disability.

Jarrold v. Brewers Retail Inc. operating as The Beer Store, 2014 HRTO 1070

Brenda Bowlby

67 cases1984–2014

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 21, 2014

Human rights application dismissed at summary hearing for lacking evidence linking failure to interview with disability.

The applicant alleged discrimination in employment on the basis of disability after the respondent university failed to interview him for a position.

The respondent requested a summary hearing, arguing the application had no reasonable prospect of success.

The Tribunal found that while the applicant may have been treated unfairly or felt suspicious due to past disputes, he failed to point to any evidence linking the decision not to interview him to his disability.

The application was dismissed.

Boily v. Brock University, 2014 HRTO 1064

Maria Kotsopoulos

In Private Practice18 cases2009–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 16, 2014

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

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

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

The respondent requested that the application be dismissed as abandoned.

The Tribunal found that the applicant had proper notice of the hearing and dismissed the application as abandoned.

Carolynne Graham v. Sparling’s Propane Co. Ltd., a subsidiary of Parkland Industries Ltd., 2014 HRTO 1046

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 15, 2014

Human rights application dismissed; claim against bankrupt employer stayed and no successor employer jurisdiction exists.

The applicant filed a human rights application alleging discriminatory termination of employment.

The respondent employer had filed for bankruptcy and its assets were sold to a new entity.

The Tribunal dismissed the application, finding that the claim against the bankrupt employer was stayed under the Bankruptcy and Insolvency Act, and that the Human Rights Code does not contain successor employer provisions that would allow the claim to proceed against the new entity.

Robinson v. The Bargain Shop/Red Apple, 2014 HRTO 1031

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

Employment and Labour Law

Other Tribunals

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Indigenous Legal Issues

Family and Matrimonial Law

Health Law

Douglas Sanderson

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

OPEHT HRTO

667

cases · 15 yrs · HRTO, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

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

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioSep 10, 2014

Tribunal dismisses older reprisal allegations for delay but allows timely time sheet alteration claim to proceed.

The applicant filed a human rights application alleging discrimination and reprisal with respect to employment, specifically regarding accommodation for childcare responsibilities.

The Tribunal held a summary hearing to determine whether parts of the application should be dismissed for delay or lack of a reasonable prospect of success.

The Tribunal dismissed allegations relating to a 2012 reprimand due to delay, finding no good faith explanation for failing to file within the one-year limitation period.

An allegation regarding discipline for use of a company vehicle was also dismissed for having no reasonable prospect of success.

However, the Tribunal allowed the timely allegation that the respondents altered the applicant's time sheets as a reprisal to proceed to a hearing on the merits.

McGovern v. 920852 Ontario Inc. o/a Final Touch Services & Alladin Carpet Cleaning, 2014 HRTO 1340

Michael Hancock

Practising Law - Employed8 cases2001–2016

Kristin Bisbee

2 cases2013–2014

Christopher Parkes

Practising Law - Employed1 case2014–2014

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioSep 10, 2014

Human rights application allowed to proceed where applicant did not sign union grievance settlement.

The applicant filed a human rights application alleging workplace discrimination and reprisal.

The respondents requested dismissal on the basis that a union grievance settlement had appropriately dealt with the substance of the application.

The Tribunal held a summary hearing.

The applicant was permitted to withdraw her application against the union without conditions.

The Tribunal also found the application had a reasonable prospect of success and directed it to proceed to a full hearing.

Myers v. William Osler Health System, 2014 HRTO 1331

Ian Johnstone

43 cases2012–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioSep 3, 2014

Tribunal ordered removal of a respondent on consent and consolidated two overlapping human rights applications.

The respondents requested an order to consolidate two human rights applications filed by the applicant and to remove the Corporation of the Town of Shelburne as a respondent.

The applicant consented to the removal of the Town of Shelburne but opposed consolidation, arguing the applications involved separate issues.

The Tribunal applied the Lattey factors and found that the applications involved the same parties, overlapping allegations regarding failure to accommodate, and formed a factual continuum.

The Tribunal ordered the removal of the Town of Shelburne and granted the consolidation of the applications to avoid unnecessary duplication.

Doyle v. The Shelburne Police Services Board, 2014 HRTO 1297

Sunny Zhai

10 cases2014–2026

Douglas Sanderson

Human rights application deferred pending completion of related Provincial Offences Act prosecution regarding aboriginal trapping rights.

The applicant filed a human rights application alleging discrimination based on race, ancestry, and other grounds after a Conservation Officer confiscated his traps for lacking a trapping licence.

The applicant claimed he was engaging in traditional trapping as a member of an Algonquin First Nation.

The respondents requested to defer the application pending the completion of a related Provincial Offences Act prosecution in the Ontario Court of Justice.

Manit8abe8ich v. Ontario (Natural Resources and Forestry), 2014 HRTO 1284

Elisha Jamieson-Davies

4 cases2014–2015

Douglas Sanderson

Request to dismiss application denied; volunteer work may constitute employment under the Human Rights Code.

The applicant alleged discrimination based on disability after being denied a volunteer position on an advisory committee at a detoxification centre where he was an active client.

The respondent requested the application be dismissed at a preliminary stage, arguing that committee membership is not a 'service' under section 1 of the Human Rights Code.

The Tribunal denied the request, finding it was not plain and obvious that the application fell outside its jurisdiction, as volunteer work may be considered 'employment' under section 5 of the Code.

Randy Roberts v. St. Leonard’s Community Services and Brant Community Healthcare System, 2014 HRTO 1283

Douglas Sanderson

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

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

The respondent failed to file a response and was deemed to have accepted the allegations.

During a case management conference call, the applicant became upset, stated she did not wish to proceed, and hung up.

The Tribunal issued a Case Assessment Direction requiring the applicant to confirm her intentions, warning that failure to do so could result in dismissal for abandonment.

The applicant did not respond.

The Tribunal found the application abandoned and dismissed it.

Jones v. Just Eddies, 2014 HRTO 1282

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 28, 2014

Human rights application dismissed as abandoned after applicant failed to file a Reply.

The applicant filed an application alleging discrimination in employment.

The respondent filed a Response.

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

The applicant failed to file a Reply.

The Tribunal deemed the application abandoned and dismissed it.

Serge Menard v. Wedlock Paper Converters Limited, 2014 HRTO 1276

Marisa Scotto di Luzio

14 cases2013–2025

Douglas Sanderson

Tribunal assumes jurisdiction over employment discrimination claim against First Nation delivering provincial Ontario Works services.

The applicant filed a human rights application alleging employment discrimination by the respondent, a First Nation organization.

The Tribunal questioned whether the matter fell under federal jurisdiction.

The applicant submitted that she was employed to provide Ontario Works services, which is a provincial program, and that labour relations are presumptively within provincial jurisdiction.

The Tribunal found it was not plain and obvious that the matter fell outside its jurisdiction and directed that the application proceed.

Cheryl Raiche v. Pic Mobert First Nation, 2014 HRTO 1271

Justin Diggle

21 cases1997–2018

Douglas Sanderson

Human rights application deferred pending completion of concurrent union grievance proceeding regarding employment termination.

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

He also filed a union grievance based on the same facts and requested that the Tribunal defer the application pending the resolution of the grievance.

The respondent agreed to the deferral.

Daniel Smyth v. Liquor Control Board of Ontario, 2014 HRTO 1268

Douglas Sanderson

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, directing the applicant to respond by a specified date.

The applicant failed to respond to the NOID.

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

Sarah Morgan v. Hilton Garden Inn, Ajax, Ontario, 2014 HRTO 1267

Yohuda Levinson

1 case2014–2014

Amelio The

3 cases2014–2020

Douglas Sanderson

Human rights application deferred pending resolution of concurrent civil action and WSIB proceedings.

The applicant filed a human rights application alleging workplace sexual harassment and assault, while concurrently pursuing a civil action and a WSIB/WSIAT claim based on the same allegations.

The applicant requested that the Tribunal defer its proceedings pending the resolution of the other matters.

The respondents opposed the deferral, arguing the multiplicity of proceedings was an abuse of process.

El-Khatib v. 1726837 Ontario Inc., 2014 HRTO 1258

Douglas Sanderson

Human rights application dismissed as abandoned after applicant failed to file a directed Reply.

The applicant filed an application alleging discrimination in employment.

The respondent filed a Response requesting dismissal on the basis that another proceeding had dealt with the substance of the application.

The Tribunal directed the applicant to file a Reply, warning that failure to do so could result in the application being deemed abandoned.

The applicant failed to file a Reply.

The Tribunal deemed the application abandoned and dismissed it.

Hackett v. eHealth Ontario, 2014 HRTO 1257

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 25, 2014

Human rights application closed due to applicant's failure to respond to notices of incomplete application.

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

The Tribunal issued a Notice of Incomplete Application and subsequently a Failure to Respond to Notice of Incomplete Application Notice.

The applicant failed to respond to either notice by the specified deadlines.

Consequently, the Tribunal closed the file and returned the incomplete application to the applicant.

Darryl Brochu v. McDonald’s, 2014 HRTO 1255

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 19, 2014

Employer ordered to pay $2,000 for workplace harassment involving vulgar comments and family status threats.

The applicant, a former employee of a car rental business, alleged discrimination and harassment in employment based on sex and family status by the business owners.

The Tribunal found that the organizational respondent was not the applicant's employer at the relevant time.

While one owner made an inappropriate comment, it did not amount to a course of vexatious conduct.

The Tribunal ordered Ms. Baranova to pay $2,000 as compensation for injury to dignity, feelings, and self-respect.

Gubrenko v. T.O.J. Empire Auto, 2014 HRTO 1232

Caroline Richard

10 cases2008–2025

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 28, 2014

Human rights application dismissed as an employment standards investigation already dealt with the substance of the allegations.

The applicant filed a human rights application alleging discrimination and reprisal regarding her employment, pregnancy/parental leave, and subsequent termination.

The Tribunal dismissed the remaining allegations for delay, finding they occurred outside the one-year limitation period and could not form part of a series of incidents with the termination.

Nathalie Carrier v. National Capital Region YMCA-YWCA, 2014 HRTO 1106

Anne Gallop

7 cases2000–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 25, 2014

Human rights application dismissed as an abuse of process because the applicant signed a valid release.

The applicant filed a human rights application alleging age discrimination after her employment was terminated.

The respondent requested dismissal on the basis that the applicant had signed a full and final release in exchange for a severance package.

The applicant argued she signed the release under duress due to her medical condition, her husband's illness, and the pressure of relocating.

The Tribunal applied the Pritchard factors and found no evidence of duress or lack of capacity.

The Tribunal held that allowing the application to proceed in light of the clear language of the release would amount to an abuse of process and dismissed the application.

Winnifred Wood v. LifeLabs LP, 2014 HRTO 1100

Michelle Alton

14 cases2010–2014

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 22, 2014

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

The applicant alleged discrimination in employment based on disability, specifically regarding the respondent's attendance management process and a comment made by a supervisor in 2009.

The Tribunal dismissed the 2009 allegation for delay, finding it did not form a series of incidents with the later allegations and there was no good faith explanation for the delay.

Jarrold v. Brewers Retail Inc. operating as The Beer Store, 2014 HRTO 1070

Brenda Bowlby

67 cases1984–2014

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 21, 2014

Human rights application dismissed at summary hearing for lacking evidence linking failure to interview with disability.

The applicant alleged discrimination in employment on the basis of disability after the respondent university failed to interview him for a position.

The respondent requested a summary hearing, arguing the application had no reasonable prospect of success.

The application was dismissed.

Boily v. Brock University, 2014 HRTO 1064

Maria Kotsopoulos

In Private Practice18 cases2009–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 16, 2014

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

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

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

The respondent requested that the application be dismissed as abandoned.

The Tribunal found that the applicant had proper notice of the hearing and dismissed the application as abandoned.

Carolynne Graham v. Sparling’s Propane Co. Ltd., a subsidiary of Parkland Industries Ltd., 2014 HRTO 1046

Douglas Sanderson