Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioApr 2, 2014

Request for reconsideration to add a respondent dismissed as no new determinative facts were presented.

The applicant requested a reconsideration of a previous Tribunal decision that denied her request to add a security company as a respondent.

The applicant argued there were new facts regarding the employment status of the security officers.

The Tribunal dismissed the request, finding that the corporate status of the security company was not a new fact and the applicant failed to meet the requirements for reconsideration under Rule 26.5.

Akisha McFarlane v. The Regional Municipality of Peel Police Services Board, 2014 HRTO 462

Meg Atkinson

In Private Practice7 cases2013–2023

Daniel McDonald

35 cases2009–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 24, 2014

Adjournment denied where new counsel was unavailable; parties directed to confer on witness scheduling.

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

Prior to the hearing, the respondent union requested an adjournment because it had transferred the file to new counsel who was unavailable for the scheduled dates.

The respondent employer (CFJ) requested an order altering the normal order of proceedings so that the union would cross-examine and call its case first, to accommodate CFJ's out-of-town witnesses.

The Tribunal denied the adjournment, finding that a change of counsel does not constitute an exceptional circumstance.

The Tribunal also denied CFJ's request to alter the order of proceedings, directing the parties to confer on witness scheduling instead.

Stone v. United Brotherhood of Carpenters and Joiners of America, 2014 HRTO 414

Michelle Alton

14 cases2010–2014

Douglas Sanderson

Individual respondent removed from human rights application on consent, with employer accepting vicarious liability.

The respondent employer requested the removal of an individual respondent, an Occupational Health Nurse, from the human rights application.

The applicant consented to the removal on the conditions that the employer accept vicarious liability for the nurse's actions, that evidence regarding the nurse's actions could still be relied upon, and that human rights training for the nurse could still be sought as a remedy.

The Tribunal granted the request, noting that the employer is vicariously liable under section 46.3 of the Human Rights Code and that the removal would not preclude the applicant's evidentiary or remedial requests.

Henderson v. Toyota Motor Manufacturing, 2014 HRTO 408

Douglas Sanderson

Tribunal denies requests to add and remove respondents but allows applicant to amend requested remedies.

The applicant, who uses a motorized wheelchair, filed a human rights application alleging that the organizational respondent's restaurant lacked an automatic door opener.

In this interim decision, the Tribunal addressed two requests for orders during proceedings.

The individual respondent's request to be removed as a party was denied because he failed to address the necessary criteria or clarify his relationship with the organizational respondent.

The applicant's request to add a new organizational respondent was denied as there were no allegations supporting a Code violation against it.

However, the applicant's request to amend the application to add a public interest remedy was granted, as it was made early in the process with no prejudice to the respondents.

Austin v. 2318923 Ontario Inc., 2014 HRTO 402

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 20, 2014

Human rights applications alleging sex and pregnancy discrimination consolidated due to significant factual overlap.

The applicants filed separate applications alleging discrimination on the basis of sex, sexual harassment, and pregnancy against the respondent municipality.

The Tribunal considered whether to consolidate the applications pursuant to Rule 1.7(d) of the Tribunal's Rules of Procedure.

Applying the factors from Persaud and Lattey, the Tribunal found significant overlap in the issues and facts.

Given the compelling public interest in avoiding a multiplicity of proceedings, the Tribunal ordered the applications consolidated.

Wheaton v. Ottawa (City), 2014 HRTO 398

Peter Harding

1 case2014–2014

Omar Shahab

Practising Law - Employed104 cases2007–2019

Douglas Sanderson

Reactivation granted but most claims dismissed as abuse of process due to prior settlement release.

The applicant sought to reactivate a deferred human rights application alleging discrimination in employment based on disability.

The respondent opposed reactivation, arguing the request was late and the underlying issues had been resolved via Minutes of Settlement at the Grievance Settlement Board, which included a release of Code claims.

The Tribunal granted the reactivation request, finding the 17-day delay was in good faith and caused no prejudice.

However, the Tribunal held that proceeding with the accommodation and remuneration allegations would be an abuse of process given the prior settlement and release.

The Tribunal dismissed those claims but allowed a separate harassment allegation, which was not covered by the settlement, to proceed, ordering the applicant to provide particulars.

Gallina v. Ontario (Child and Youth Services), 2014 HRTO 390

Douglas Sanderson

Human rights application dismissed as abandoned after applicant failed to attend mediation or respond to Tribunal.

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

The applicant failed to attend a scheduled mediation session and did not communicate with the Tribunal to explain his absence.

The Tribunal subsequently directed the applicant to advise of his intentions, warning that the application could be deemed abandoned.

The applicant failed to respond.

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

Ryan Burke v. 1827515 Ontario Inc. o/a Whistle Stop Cafe, 2014 HRTO 385

Paul Meier

115 cases2006–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 17, 2014

Tribunal grants partial document production on reconsideration but denies adjournment due to insufficient medical evidence.

The applicant in a human rights proceeding requested the production of documents, a desk review instead of a hearing, and an adjournment based on medical reasons.

The Tribunal treated the document request as a request for reconsideration of a prior order and granted it in part, ordering the respondent to produce specific emails related to the applicant's surplus status.

The requests for a desk review and an adjournment were denied, the latter due to insufficient medical information.

The applicant was given a deadline to respond to the respondent's request to declare him a vexatious litigant.

Ronald Ihasz v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Revenue, 2014 HRTO 376

Eric Roher

16 cases2005–2022

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 14, 2014

Tribunal orders mutual document production, including consent for student records and limited disclosure of teacher complaints.

In a human rights application alleging discrimination based on disability in a school setting, both parties sought interim orders for document production.

The respondent requested an order requiring the applicant's parents to consent to the use of the applicant's Ontario Student Record (OSR) as evidence.

The applicant requested production of complaints against a specific teacher.

The Tribunal ordered the applicant's parents to provide written permission for the use of the OSR, finding it arguably relevant to the accommodation provided.

The Tribunal also ordered the respondent to produce records of complaints against the teacher, but limited the scope to complaints regarding the treatment of students with disabilities.

B.O. by his Litigation Guardian A.O. v. Northwest Catholic District School Board, 2014 HRTO 360

Taylor Ransom

Practising Law - Employed3 cases2014–2014

Raj Anand

54 cases1981–2017

Katharine Montpetit

Practising Law - Employed6 cases2014–2015

Kate Hughes

63 cases1998–2018

Danielle Bisnar

29 cases2012–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 11, 2014

Union granted limited intervenor status to make submissions in human rights application regarding nursing registration.

The applicant filed a human rights application alleging that the College of Nurses of Ontario's registration process discriminates against applicants with disabilities.

The Ontario Nurses Association (ONA) requested intervenor status, arguing it has an interest in the outcome as it represents nurses and the applicant was a member.

The respondents opposed the request, arguing ONA's participation would cause delay and duplication, as ONA and the applicant share the same legal counsel.

The Tribunal granted ONA intervenor status but limited its participation to making written and oral submissions following the completion of evidence, finding that broader participatory rights would unnecessarily lengthen and complicate the hearing.

Ryan v. College of Nurses of Ontario, 2014 HRTO 323

Jordan Lester

9 cases2013–2021

Holly Walbourne

18 cases2013–2019

Douglas Sanderson

Tribunal awards $3,000 for workplace harassment based on race, ancestry, and family status.

The applicant, a Caucasian employee who followed First Nations spiritual practices, alleged discrimination and harassment by two board members of the Nishnawbe-Gamik Friendship Centre.

The Tribunal found that one respondent, Chris Carter, harassed the applicant by questioning his right to possess traditional medicines because he was not a First Nations person, making comments at an AGM questioning the job security of non-First Nations staff, and making derogatory comments about the applicant's family status after his dismissal.

The application against the other respondent, Ralph Johnson, was dismissed as there was no evidence connecting his actions to a Code ground.

The Tribunal awarded the applicant $3,000 for injury to dignity, feelings, and self-respect against Chris Carter.

Michelin v. Johnson, 2014 HRTO 321

Andrew Pinto

30 cases1997–2019

Douglas Sanderson

In Private Practice38 cases1993–2025

Tribunal orders disclosure of lease documents before deciding whether to dismiss discrimination application at summary hearing.

The applicant alleged discrimination on the basis of race, colour, ethnic origin, and gender identity after the respondent required her to pay the rent arrears of a previous tenant before leasing a commercial property to her.

The respondent claimed this was a standard business requirement to prevent the previous tenant from avoiding arrears by operating under a new name.

At a summary hearing to determine if the application had no reasonable prospect of success, the Tribunal found that the applicant's claims were largely speculative but noted that evidence regarding the respondent's lease arrangements with the previous tenant was in the respondent's sole possession.

The Tribunal ordered the respondent to disclose the relevant lease documents before making a final determination on the summary hearing.

Chester v. City of Toronto Economic Development Corporation c.o.b. as Toronto Port Lands Company, 2014 HRTO 318

Robert Healey

Patrick Gannon

5 cases2001–2014

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 3, 2014

Human rights application dismissed for delay as waiting for union action is not a good faith explanation.

The applicant filed a human rights application alleging discrimination and harassment in employment on the basis of race, colour, ancestry, ethnic origin, and disability.

The respondents requested that the application be dismissed for delay, as the last alleged incident occurred more than one year before the application was filed.

The applicant argued that the delay was due to waiting for his union to take action and being unaware of the limitation period.

The Tribunal found that waiting for the outcome of another process and ignorance of rights did not constitute a good faith explanation for the delay.

The application was dismissed for delay.

Oabel v. General Paint Corporation, 2014 HRTO 275

Robert Richler

4 cases2012–2014

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 19, 2014

Adjournment request denied where moving parties retained counsel only days before the scheduled hearing.

The moving parties requested an adjournment of the hearing, scheduled to begin in five days, on the basis that they had recently retained counsel who needed time to prepare.

The Tribunal denied the request, noting that the moving parties had ample time to retain counsel since receiving the Notice of Hearing six months prior.

The Tribunal held that late retention of counsel does not constitute an extraordinary circumstance justifying an adjournment.

F.S. v. Etobicoke Youth Soccer Club, 2014 HRTO 227

Douglas Sanderson

Tribunal directs non-responding respondent to file a response within 14 days or face consequences.

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

One of the individual respondents failed to file a Response to the Application despite being sent a Notice of Application and a 'No Response' letter.

The Tribunal issued an interim decision directing the non-responding respondent to file a Response within 14 days, warning that failure to do so could result in the Tribunal proceeding without further notice and deeming the respondent to have accepted the allegations.

Corrine El-Safadi v. Days Inn Lundys Lane, 2014 HRTO 224

Jessica DiFederico

18 cases2012–2026

Douglas Sanderson

Request for witness to testify by telephone granted where no significant prejudice demonstrated.

The respondents requested an order permitting a witness residing in Barbados to testify by telephone.

The applicant did not respond to the request.

The Tribunal granted the request, finding that the witness's evidence would be based largely on correspondence, credibility was not a primary concern, and the applicant had not demonstrated any significant prejudice that would result from an electronic hearing.

F.S. by his next friend M.S. v. Etobicoke Youth Soccer Club, 2014 HRTO 221

Sharon Duffy

9 cases2009–2014

Douglas Sanderson

Practising Law - Employed24 cases2010–2018

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

The applicant filed a human rights application alleging that the respondent school board failed to accommodate her return to work following workplace injuries.

The respondent requested deferral of the application because the applicant's union had already filed a grievance based on the same facts and human rights issues, which had been referred to arbitration.

The Tribunal deferred the application pending the completion of the grievance process, noting that grievance arbitrators have the authority and responsibility to enforce human rights obligations.

Novembre v. Toronto District Catholic School Board, 2014 HRTO 220

Steve Matheson

2 cases2000–2014

Paul O’Ryan

Douglas Sanderson

Human rights application against union dismissed summarily for failing to link lack of representation to disability.

The applicant filed a human rights application alleging discrimination on the basis of disability against his employer, the City of Cambridge, and his union.

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

The applicant alleged the union failed to assist him when the employer discontinued his accommodation, but provided no evidence linking the union's actions to his disability.

The Tribunal dismissed the application against the union for having no reasonable prospect of success, while allowing the application against the employer to proceed.

James Watt v. The Corporation of the City of Cambridge, 2014 HRTO 218

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 14, 2014

Request to add security company as respondent denied due to insufficient allegations and unexplained delay.

The applicant filed a human rights application alleging discrimination with respect to an incident at a bank.

She subsequently brought a request for an order during proceedings to add Garda Securities as a respondent and to compel production of documents regarding its investigation.

The Tribunal applied the three-part test for adding a respondent and found that the allegations against the security guards could not support a finding of a Code breach.

Furthermore, the Tribunal held it would be unfair to add Garda given the unexplained delay of almost three years since the incident.

The request was denied.

McFarlane v. Regional Municipality of Peel Police Services Board, 2014 HRTO 215

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

Raj Anand

54 cases1981–2017

Katharine Montpetit

Practising Law - Employed6 cases2014–2015

Danielle Bisnar

29 cases2012–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioApr 7, 2014

Request for document production denied as requested documents were not arguably relevant to the pleadings.

Kaitlin Ryan v. College of Nurses of Ontario, 2014 HRTO 476

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioApr 2, 2014

Request for reconsideration to add a respondent dismissed as no new determinative facts were presented.

The applicant requested a reconsideration of a previous Tribunal decision that denied her request to add a security company as a respondent.

The applicant argued there were new facts regarding the employment status of the security officers.

The Tribunal dismissed the request, finding that the corporate status of the security company was not a new fact and the applicant failed to meet the requirements for reconsideration under Rule 26.5.

Akisha McFarlane v. The Regional Municipality of Peel Police Services Board, 2014 HRTO 462

Meg Atkinson

In Private Practice7 cases2013–2023

Daniel McDonald

35 cases2009–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 24, 2014

Adjournment denied where new counsel was unavailable; parties directed to confer on witness scheduling.

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

Prior to the hearing, the respondent union requested an adjournment because it had transferred the file to new counsel who was unavailable for the scheduled dates.

The respondent employer (CFJ) requested an order altering the normal order of proceedings so that the union would cross-examine and call its case first, to accommodate CFJ's out-of-town witnesses.

The Tribunal denied the adjournment, finding that a change of counsel does not constitute an exceptional circumstance.

The Tribunal also denied CFJ's request to alter the order of proceedings, directing the parties to confer on witness scheduling instead.

Stone v. United Brotherhood of Carpenters and Joiners of America, 2014 HRTO 414

Michelle Alton

14 cases2010–2014

Douglas Sanderson

Individual respondent removed from human rights application on consent, with employer accepting vicarious liability.

The respondent employer requested the removal of an individual respondent, an Occupational Health Nurse, from the human rights application.

Henderson v. Toyota Motor Manufacturing, 2014 HRTO 408

Douglas Sanderson

Tribunal denies requests to add and remove respondents but allows applicant to amend requested remedies.

The applicant, who uses a motorized wheelchair, filed a human rights application alleging that the organizational respondent's restaurant lacked an automatic door opener.

In this interim decision, the Tribunal addressed two requests for orders during proceedings.

The individual respondent's request to be removed as a party was denied because he failed to address the necessary criteria or clarify his relationship with the organizational respondent.

The applicant's request to add a new organizational respondent was denied as there were no allegations supporting a Code violation against it.

However, the applicant's request to amend the application to add a public interest remedy was granted, as it was made early in the process with no prejudice to the respondents.

Austin v. 2318923 Ontario Inc., 2014 HRTO 402

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 20, 2014

Human rights applications alleging sex and pregnancy discrimination consolidated due to significant factual overlap.

The applicants filed separate applications alleging discrimination on the basis of sex, sexual harassment, and pregnancy against the respondent municipality.

The Tribunal considered whether to consolidate the applications pursuant to Rule 1.7(d) of the Tribunal's Rules of Procedure.

Applying the factors from Persaud and Lattey, the Tribunal found significant overlap in the issues and facts.

Given the compelling public interest in avoiding a multiplicity of proceedings, the Tribunal ordered the applications consolidated.

Wheaton v. Ottawa (City), 2014 HRTO 398

Peter Harding

1 case2014–2014

Omar Shahab

Practising Law - Employed104 cases2007–2019

Douglas Sanderson

Reactivation granted but most claims dismissed as abuse of process due to prior settlement release.

The applicant sought to reactivate a deferred human rights application alleging discrimination in employment based on disability.

The Tribunal granted the reactivation request, finding the 17-day delay was in good faith and caused no prejudice.

However, the Tribunal held that proceeding with the accommodation and remuneration allegations would be an abuse of process given the prior settlement and release.

The Tribunal dismissed those claims but allowed a separate harassment allegation, which was not covered by the settlement, to proceed, ordering the applicant to provide particulars.

Gallina v. Ontario (Child and Youth Services), 2014 HRTO 390

Douglas Sanderson

Human rights application dismissed as abandoned after applicant failed to attend mediation or respond to Tribunal.

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

The applicant failed to attend a scheduled mediation session and did not communicate with the Tribunal to explain his absence.

The Tribunal subsequently directed the applicant to advise of his intentions, warning that the application could be deemed abandoned.

The applicant failed to respond.

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

Ryan Burke v. 1827515 Ontario Inc. o/a Whistle Stop Cafe, 2014 HRTO 385

Paul Meier

115 cases2006–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 17, 2014

Tribunal grants partial document production on reconsideration but denies adjournment due to insufficient medical evidence.

The applicant in a human rights proceeding requested the production of documents, a desk review instead of a hearing, and an adjournment based on medical reasons.

The requests for a desk review and an adjournment were denied, the latter due to insufficient medical information.

The applicant was given a deadline to respond to the respondent's request to declare him a vexatious litigant.

Ronald Ihasz v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Revenue, 2014 HRTO 376

Eric Roher

16 cases2005–2022

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 14, 2014

Tribunal orders mutual document production, including consent for student records and limited disclosure of teacher complaints.

In a human rights application alleging discrimination based on disability in a school setting, both parties sought interim orders for document production.

The respondent requested an order requiring the applicant's parents to consent to the use of the applicant's Ontario Student Record (OSR) as evidence.

The applicant requested production of complaints against a specific teacher.

The Tribunal ordered the applicant's parents to provide written permission for the use of the OSR, finding it arguably relevant to the accommodation provided.

The Tribunal also ordered the respondent to produce records of complaints against the teacher, but limited the scope to complaints regarding the treatment of students with disabilities.

B.O. by his Litigation Guardian A.O. v. Northwest Catholic District School Board, 2014 HRTO 360

Taylor Ransom

Practising Law - Employed3 cases2014–2014

Raj Anand

54 cases1981–2017

Katharine Montpetit

Practising Law - Employed6 cases2014–2015

Kate Hughes

63 cases1998–2018

Danielle Bisnar

29 cases2012–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 11, 2014

Union granted limited intervenor status to make submissions in human rights application regarding nursing registration.

The applicant filed a human rights application alleging that the College of Nurses of Ontario's registration process discriminates against applicants with disabilities.

The Ontario Nurses Association (ONA) requested intervenor status, arguing it has an interest in the outcome as it represents nurses and the applicant was a member.

The respondents opposed the request, arguing ONA's participation would cause delay and duplication, as ONA and the applicant share the same legal counsel.

Ryan v. College of Nurses of Ontario, 2014 HRTO 323

Jordan Lester

9 cases2013–2021

Holly Walbourne

18 cases2013–2019

Douglas Sanderson

Tribunal awards $3,000 for workplace harassment based on race, ancestry, and family status.

The applicant, a Caucasian employee who followed First Nations spiritual practices, alleged discrimination and harassment by two board members of the Nishnawbe-Gamik Friendship Centre.

The application against the other respondent, Ralph Johnson, was dismissed as there was no evidence connecting his actions to a Code ground.

The Tribunal awarded the applicant $3,000 for injury to dignity, feelings, and self-respect against Chris Carter.

Michelin v. Johnson, 2014 HRTO 321

Andrew Pinto

30 cases1997–2019

Douglas Sanderson

In Private Practice38 cases1993–2025

Tribunal orders disclosure of lease documents before deciding whether to dismiss discrimination application at summary hearing.

The respondent claimed this was a standard business requirement to prevent the previous tenant from avoiding arrears by operating under a new name.

The Tribunal ordered the respondent to disclose the relevant lease documents before making a final determination on the summary hearing.

Chester v. City of Toronto Economic Development Corporation c.o.b. as Toronto Port Lands Company, 2014 HRTO 318

Robert Healey

Patrick Gannon

5 cases2001–2014

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 3, 2014

Human rights application dismissed for delay as waiting for union action is not a good faith explanation.

The applicant filed a human rights application alleging discrimination and harassment in employment on the basis of race, colour, ancestry, ethnic origin, and disability.

The respondents requested that the application be dismissed for delay, as the last alleged incident occurred more than one year before the application was filed.

The applicant argued that the delay was due to waiting for his union to take action and being unaware of the limitation period.

The Tribunal found that waiting for the outcome of another process and ignorance of rights did not constitute a good faith explanation for the delay.

The application was dismissed for delay.

Oabel v. General Paint Corporation, 2014 HRTO 275

Robert Richler

4 cases2012–2014

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 19, 2014

Adjournment request denied where moving parties retained counsel only days before the scheduled hearing.

The moving parties requested an adjournment of the hearing, scheduled to begin in five days, on the basis that they had recently retained counsel who needed time to prepare.

The Tribunal denied the request, noting that the moving parties had ample time to retain counsel since receiving the Notice of Hearing six months prior.

The Tribunal held that late retention of counsel does not constitute an extraordinary circumstance justifying an adjournment.

F.S. v. Etobicoke Youth Soccer Club, 2014 HRTO 227

Douglas Sanderson

Tribunal directs non-responding respondent to file a response within 14 days or face consequences.

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

One of the individual respondents failed to file a Response to the Application despite being sent a Notice of Application and a 'No Response' letter.

Corrine El-Safadi v. Days Inn Lundys Lane, 2014 HRTO 224

Jessica DiFederico

18 cases2012–2026

Douglas Sanderson

Request for witness to testify by telephone granted where no significant prejudice demonstrated.

The respondents requested an order permitting a witness residing in Barbados to testify by telephone.

The applicant did not respond to the request.

F.S. by his next friend M.S. v. Etobicoke Youth Soccer Club, 2014 HRTO 221

Sharon Duffy

9 cases2009–2014

Douglas Sanderson

Practising Law - Employed24 cases2010–2018

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

The applicant filed a human rights application alleging that the respondent school board failed to accommodate her return to work following workplace injuries.

The Tribunal deferred the application pending the completion of the grievance process, noting that grievance arbitrators have the authority and responsibility to enforce human rights obligations.

Novembre v. Toronto District Catholic School Board, 2014 HRTO 220

Steve Matheson

2 cases2000–2014

Paul O’Ryan

Douglas Sanderson

Human rights application against union dismissed summarily for failing to link lack of representation to disability.

The applicant filed a human rights application alleging discrimination on the basis of disability against his employer, the City of Cambridge, and his union.

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

The applicant alleged the union failed to assist him when the employer discontinued his accommodation, but provided no evidence linking the union's actions to his disability.

The Tribunal dismissed the application against the union for having no reasonable prospect of success, while allowing the application against the employer to proceed.

James Watt v. The Corporation of the City of Cambridge, 2014 HRTO 218

Douglas Sanderson