Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioDec 1, 2016

Request to withdraw human rights application against Ministry granted without terms prior to hearing.

The applicant, a student with Autism Spectrum Disorder, filed a human rights application against the school board and the Ministry of Education regarding his special education placement.

Prior to the hearing, the applicant requested to withdraw the application against the Ministry.

The school board objected, arguing that the withdrawal should be denied or conditions imposed because the application sought public interest remedies affecting the Ministry.

The Tribunal granted the request to withdraw without imposing terms, consistent with its established practice of not inquiring into reasons for withdrawal prior to a hearing, and deferred the determination of appropriate remedies to the hearing adjudicator.

J.L. v. Greater Essex County District School Board, 2016 HRTO 1542

Joseph Solomon

In Private Practice1 case2016–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 30, 2016

Human rights application dismissed for delay; pursuing alternate redress is not a good faith explanation.

The applicant filed a human rights application alleging discrimination and reprisal by his former employer and the WSIB, more than one year after the last alleged incident of discrimination.

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

The applicant argued the delay was incurred in good faith because he was pursuing redress through other Ministry of Labour agencies.

The Tribunal dismissed the application, finding that pursuing alternate avenues of redress does not constitute a good faith explanation for delay under section 34 of the Human Rights Code.

Pasquale Falcone v. 2373298 Ontario Inc., 2016 HRTO 1534

Kiel Ardal

In Private Practice10 cases2013–2019

Karen Sanchez

4 cases2014–2025

Douglas Sanderson

Practising Law - Employed13 cases2015–2018

Reconsideration largely denied; reasonableness standard applies to housing cooperatives responding to harassment complaints.

The respondent non-profit housing cooperative requested reconsideration of a Tribunal decision that found it failed to adequately address serious and persistent harassment directed at the applicants.

The respondent argued that the Tribunal erred by applying the reasonableness standard from employment jurisprudence without accounting for the unique nature of volunteer-run housing cooperatives.

The respondent also challenged the remedial orders, which included monetary compensation and requirements to post the decision and notify members.

The Tribunal dismissed most of the reconsideration request, finding no conflict with established jurisprudence and noting that the respondent failed to propose an alternative legal standard.

However, the Tribunal removed the requirement to post the decision on the cooperative's bulletin board, finding it redundant given the requirement to send notices directly to members.

Welykyi v. Rouge Valley Co-operative Homes Inc., 2016 HRTO 1543

Roger Love

Alex Alton

22 cases2016–2026

Douglas Sanderson

Adjournment granted in part; medical appointment constituted exceptional circumstance but recent retention of counsel did not.

The respondent requested an adjournment of the scheduled hearing due to a conflicting medical appointment and the recent retention of counsel.

The applicants opposed the request.

The Tribunal found that retaining counsel shortly before a hearing is not an exceptional circumstance warranting an adjournment.

However, the Tribunal held that the respondent's conflicting medical appointment constituted an exceptional circumstance.

The Tribunal granted the adjournment in part, cancelling the first day of the hearing but ordering the second day to proceed.

Pietrzyk v. Rygier, 2016 HRTO 1523

Michael Simaan

136 cases2000–2026

Douglas Sanderson

Reconsideration granted for natural justice breach, but application ultimately dismissed due to concurrent civil action.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application for lack of jurisdiction under section 34(11) of the Human Rights Code.

The Tribunal granted the reconsideration request because the applicant had not been given a proper opportunity to respond to the respondent's submissions before the initial decision was made, amounting to a breach of natural justice.

However, upon reconsidering the matter with the applicant's submissions, the Tribunal found that the applicant failed to provide proof that his concurrent civil action based on the same facts had been discontinued.

Consequently, the application remained barred by section 34(11) and was dismissed.

John v. Alexanian Law Firm, 2016 HRTO 1519

Hillary Cook

Garth O’Neil

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 24, 2016

Human rights application dismissed under s. 45.1 as prior grievance settlement resolved the issues.

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

The respondents requested dismissal under section 45.1 of the Human Rights Code, arguing the issues were resolved through a prior union grievance settlement that included a full release.

The applicant argued she lacked the mental capacity to enter into the settlement due to trauma from a workplace assault.

The Tribunal found the medical evidence insufficient to establish incapacity and concluded the grievance settlement appropriately dealt with the substance of the application.

The application was dismissed.

Mosbeck v. Community Living Atikokan, 2016 HRTO 1497

Ted Kovacs

29 cases1996–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 22, 2016

Human rights application dismissed for delay as applicant failed to act with due diligence.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, but did so outside the one-year limitation period.

The Tribunal held a preliminary hearing to determine if the delay was incurred in good faith under section 34(2) of the Human Rights Code.

The applicant argued he misunderstood the limitation period and assumed his lawyer would file the application.

The Tribunal found the applicant failed to act with due diligence, as he missed appointments with his lawyer and failed to provide instructions despite being advised of the time limit.

The application was dismissed for delay.

Bremner v. Toyota Motor Manufacturing, 2016 HRTO 1491

Erik Kupka

2 cases2012–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 15, 2016

Tribunal denied applicant's request to compel respondent witnesses but granted disability-related hearing accommodations.

The applicant in a human rights proceeding brought a motion requesting that the Tribunal order the respondents to produce as witnesses the authors of all documents in their document brief.

The applicant also requested accommodation for disability-related restrictions during the hearing.

The Tribunal dismissed the request to order witness production, finding the applicant failed to identify the specific witnesses or the evidence they would give, and noted that the applicant had ample time to review the documents and arrange for witnesses himself.

The Tribunal granted the accommodation request, ordering that the hearing proceed at a pace allowing the applicant to fully participate and offering the services of a Real Time Captioner.

Armstrong v. Workplace Safety and Insurance Board, 2016 HRTO 1468

Thomas Stefanik

17 cases1982–2016

Douglas Sanderson

Human rights application deferred pending resolution of concurrent WSIAT appeal regarding workplace accommodation.

The applicant filed a human rights application alleging discrimination and failure to accommodate her disability related to workplace chemical exposure.

The Tribunal issued a Notice of Intent to Defer because the applicant had a concurrent appeal before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) regarding the discontinuation of her Loss of Earning benefits.

Finding significant factual and legal overlap concerning whether the respondent took appropriate steps to accommodate the applicant, the Tribunal deferred the application pending the completion of the WSIAT appeal to avoid inconsistent findings.

Clarke v. Caressant Care Nursing and Retirement Home Ltd., 2016 HRTO 1434

Niki Lundquist

13 cases2004–2017

Douglas Sanderson

Human rights application dismissed for delay as applicant failed to provide medical evidence justifying late filing.

The applicant filed a human rights application alleging discrimination based on disability after being removed from his position as a Full Time Union Committee Person.

The respondent argued the application was filed outside the one-year limitation period.

The Tribunal found that the last incident of alleged discrimination was the applicant's removal from his position, not the subsequent denial of his appeal.

The applicant failed to provide medical evidence to support his claim that his disability prevented him from filing in a timely manner.

The application was dismissed for delay.

Smyth v. Unifor, Local 1090, 2016 HRTO 1433

Christy Allen

3 cases2016–2019

Douglas Sanderson

Interim remedy to exempt applicant from condominium pet carrier rule denied.

The applicant, who has mental health disabilities and uses a service dog, filed an application alleging discrimination in accommodation.

He requested an interim remedy to exempt him from the respondent condominium's rule requiring animals to be in a carrier in common areas, arguing it interfered with his need for immediate access to his service dog.

The Tribunal denied the request, finding that the applicant had not met the significant onus for an interim remedy, as the medical evidence was speculative and the balance of harm did not favour granting the request.

The Tribunal noted that any fines levied could be compensated if a Code violation is ultimately found.

Latendresse v. Carleton Condominium Corporation #8, 2016 HRTO 1431

Shana French

10 cases2010–2024

Douglas Sanderson

Human rights application dismissed as abandoned after applicant left the hearing following an unsuccessful bias motion.

The applicant alleged employment discrimination based on disability after being removed from a transitional work program.

During the hearing, the Tribunal denied a request to reconsider an interim decision that disqualified the applicant's representative, an unlicensed paralegal, from acting as an unpaid friend.

On the final day of the hearing, the applicant requested the adjudicator recuse himself for bias, alleging unfairness in cross-examination rulings.

The adjudicator dismissed the bias motion, finding that routine case management and evidentiary rulings do not create a reasonable apprehension of bias.

Following this ruling, the applicant abandoned the hearing.

The Tribunal subsequently dismissed the application as abandoned.

Carla Borba v. Toronto Transit Commission, 2016 HRTO 1430

Douglas Sanderson

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

The applicant filed a human rights application alleging discrimination in employment based on record of offences.

The Tribunal issued a Notice of Intent to Dismiss (NOID) noting that the application failed to identify specific acts of discrimination or how the respondent's conduct related to a pardoned conviction or provincial offence.

The applicant failed to file written submissions in response to the NOID by the specified deadline.

Consequently, the Tribunal dismissed the application as abandoned.

Artz v. Marel Contractors, 2016 HRTO 1424

John Conforti

Douglas Sanderson

Human rights application dismissed as abandoned following applicant's failure to respond regarding CCAA stay.

The applicant filed a human rights application alleging employment discrimination.

The respondent entered CCAA proceedings, resulting in a stay of the application.

The Court-appointed monitor later advised that the applicant's claim was extinguished and a full release provided.

The Tribunal directed the applicant to respond, warning of dismissal for abandonment.

The applicant failed to respond, and the Tribunal dismissed the application as abandoned.

Cheryachukin v. Target Canada, 2016 HRTO 1418

Marni Tolensky

Douglas Sanderson

Human rights application dismissed as abandoned due to applicant's failure to file hearing materials.

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

Following a Case Assessment Direction requiring the applicant to deliver and file hearing documents within 14 days, the applicant failed to comply.

The Tribunal found that the applicant had abandoned the application and dismissed it.

Andreoff v. Toronto Transit Commission, 2016 HRTO 1417

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 27, 2016

Reconsideration denied; unpardoned criminal records are not protected under the Human Rights Code.

The applicant requested reconsideration of a Tribunal decision dismissing his application for discrimination in employment.

The applicant alleged he was discriminated against because of an unpardoned criminal record.

The Tribunal dismissed the reconsideration request, confirming that the Human Rights Code only protects individuals with a criminal record for which a pardon has been granted, and the Tribunal has no authority to alter the statutory definition of 'record of offences'.

Wolkowski v. Liquor Control Board of Ontario, 2016 HRTO 1396

Marni Tolensky

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 26, 2016

Tribunal orders limited disclosure of applicant's medical file to employer to defend disability discrimination claim.

The applicant filed a human rights application alleging discrimination in employment based on disability, claiming the respondents refused to accommodate her following knee replacement surgery.

The respondents requested an interim order for access to the applicant's occupational health and claims management file from 2007 to present to defend the application, citing potential conflicts between privacy legislation and occupational health duties.

The Tribunal found the documents arguably relevant but limited disclosure to records from December 2014 onwards, corresponding to the start of the applicant's medical leave.

The Tribunal also granted the respondents an extension of time to file submissions on whether the application should be deferred.

Sherri Stillo v. Toronto Transit Commission and Christine Jefferies, 2016 HRTO 1389

Douglas Sanderson

Practising Law - Employed22 cases2016–2025

Request to amend human rights application to add new prohibited grounds granted.

The applicant filed a Request for an Order During Proceedings to amend his human rights application to include the prohibited grounds of place of origin, citizenship, and ethnic origin.

The applicant alleged he was demoted because he did not have a Canadian grade twelve education.

The respondent did not oppose the request.

The Tribunal granted the request, noting the amendment did not add new factual allegations and caused no prejudice to the respondent.

Sergio Sanchez v. The Corporation of the City of Barrie, 2016 HRTO 1384

Andrew Cogswell

Douglas Sanderson

Employment and Labour Law

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

The applicant filed a human rights application alleging discrimination in employment based on disability and family status, relating to work assignments and accommodation.

The respondent employer requested that the application be deferred because the applicant's union had filed a concurrent grievance based on the same facts and issues.

The Tribunal found substantial overlap between the proceedings and deferred the application pending the completion of the grievance process, consistent with its normal practice.

Power v. Liquor Control Board of Ontario, 2016 HRTO 1380

Affected Party

Toronto Police ServiceSelf-represented
1 appearance

Applicant

Nina SouroushSelf-represented
1 appearance
Changhyun ParkSelf-represented
1 appearance
Bailee BuckmaterSelf-represented
1 appearance
Ardalan RobatiSelf-represented
1 appearance
Coleen JacobSelf-represented
1 appearance
Lewis HoppsSelf-represented
1 appearance
Emmanuel OxleySelf-represented
1 appearance
Nathalie CarrierSelf-represented
1 appearance
Leslie AustinSelf-represented
1 appearance
Sabina MulosmaniSelf-represented
1 appearance
Diana BoltinskySelf-represented
1 appearance
Stephanie TarczySelf-represented
1 appearance
Joseph WhitwellSelf-represented
1 appearance
Kevin WerbeskiAgent
1 appearance
Donna RyderSelf-represented
1 appearance
John GarlandSelf-represented
1 appearance
Warner GrovumSelf-represented
1 appearance
Liudmila GubrenkoSelf-represented
1 appearance
Clayton FullerSelf-represented
1 appearance
Garfield SimmsSelf-represented
1 appearance

Counsel

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

Counsel for the Respondent

Daphne FedorukCounsel
1 appearance
Catherine ConradCounsel
1 appearance

Counsel for the Respondents

Glenn ChristieCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance

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

Pieter JoubertCounsel
1 appearance

for Atikokan Native Friendship Centre

Carolyn KayCounsel
1 appearance

for Bennett Health Care Centre

Brent ForemanCounsel
1 appearance

for Bill Tough

Robert HealeyCounsel
1 appearance

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

Jacquie DagherCounsel
1 appearance

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

Erin HallockCounsel
1 appearance

for Canadian Soccer Association

Richard SinclairCounsel
1 appearance

for Community Living Atikokan

Garth O’NeilCounsel
1 appearance

for Dr. Ronald Dykeman

Elizabeth GraceCounsel
1 appearance

for eHealth Ontario and Lynn Corkum

Mark A. StoneCounsel
1 appearance

for Essex County Soccer Association and Ontario Soccer Association

Robert RichlerCounsel
1 appearance

for Etobicoke Youth Soccer Club and Remo DiCarlo

Robert RichlerCounsel
1 appearance

for General Paint Corporation, Dick Glassford, and Horst Kreissler

Patrick GannonCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario

Taylor RansomCounsel
2 appearances

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

Caroline CohenCounsel
1 appearance

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

Sandra NishikawaCounsel
1 appearance

for herself

Ewa GulbinowiczSelf-represented
1 appearance

for Labourers’ Workers Union, LIUNA, Local 183

Tracey HenryCounsel
1 appearance

for Loop

Mr. GeigerCounsel
1 appearance

for Mano Sachithananthan

Mano SachithananthanSelf-represented
1 appearance

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

Alex Van KralingenCounsel
1 appearance

for Ontario Public Service Employees Union

Hillary CookCounsel
1 appearance

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

Jerry RasoCounsel
1 appearance

for Securitas Canada Limited

Dan McDonaldCounsel
1 appearance

for Shohiduzzaman Chayan

Jordan RumanekAgent
1 appearance

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

Alex SolerAgent
1 appearance

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

Michelle HenryCounsel
1 appearance

for the Affected Parties

Allan McKitrickCounsel
1 appearance
Ansuya PachaiCounsel
1 appearance

for the Affected Party

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

for the Affected Party, Toronto Police Service Board

Ansuya PachaiCounsel
1 appearance

for the applicant

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

for the Applicant

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

for the Applicants

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

for the College of Nurses of Ontario

Katharine MontpetitCounsel
3 appearances
Raj AnandCounsel
3 appearances

for the Former Respondent

Brent ForemanCounsel
1 appearance

for the Interested Party

Peter HardingCounsel
1 appearance

for the Intervenor

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

for the Intervenor Canadian Auto Workers' Union - Canada

Lewis GottheilCounsel
1 appearance

for the Intervenor Canadian Civil Liberties Association

Sukanya PillayCounsel
1 appearance

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

Devin PaulCounsel
1 appearance

for the Intervenor Nishnawbe-Gamik Friendship Centre

Holly WalbourneCounsel
1 appearance

for the Intervenor Ontario Nurses Association

Kate HughesCounsel
1 appearance

for the Intervenor Vaughan Professional Firefighters Association

Cynthia PetersenCounsel
1 appearance

for the Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance

for the Pay Equity Office

Ayumi BaillyCounsel
1 appearance

for the Polish Mutual Benefit Society

Mark MikulasikCounsel
1 appearance

for the Proposed Respondent

Cindy CohenCounsel
1 appearance

for the Proposed Respondent Alan Jackson

William R. CounterCounsel
1 appearance

for the Proposed Respondent, Nishnawbe-Gamik Friendship Centre

Holly WalbourneCounsel
1 appearance

for the Proposed Respondents Rick Hampton and Dina Hampton

Stephen PanzerCounsel
1 appearance

for the respondent

Carolyn KayCounsel
1 appearance

for the Respondent

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

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

Rod GoodallAgent
1 appearance

for the Respondent Acclaim Ability Management Inc.

Thomas GorskyCounsel
1 appearance

for the Respondent Amalgamated Transit Union 1624

Lisa FinebergCounsel
1 appearance

for the Respondent Bruce Lewis

Lawrence CrackowerCounsel
1 appearance

for the Respondent Canadian Union of Public Employees, Local 2713

Paul O’RyanCounsel
1 appearance

for the Respondent Canadian Union of Public Employees, Local 32

Paul O’RyanCounsel
1 appearance

for the Respondent Canadian Union of Public Employees, Local 79

Douglas WrayCounsel
1 appearance

for the Respondent CFJ Nuclear Contractors Ltd.

Richard CharneyCounsel
1 appearance
Daniel McDonaldCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children's Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent C[...] Inc.

Gary BatasarCounsel
1 appearance

for the Respondent City of Sarnia

Steven WilsonCounsel
1 appearance

for the Respondent City of Toronto

Darraugh MeagherCounsel
1 appearance

for the Respondent College of Nurses of Ontario

Raj AnandCounsel
2 appearances
Katharine MontpetitCounsel
1 appearance

for the Respondent Days Inn Lundys Lane

Bradley TroupCounsel
1 appearance

for the Respondent Domenic Alonzi

Enio ZeppieriCounsel
1 appearance

for the Respondent Dr. Eric Spindler

Jennifer KatsunoCounsel
1 appearance

for the Respondent, Durham Children’s Aid Society

Vincent PanettaCounsel
1 appearance

for the Respondent FCA Canada Inc.

Christopher DunnCounsel
1 appearance

for the Respondent Garda World Cash Services Canada Corporation

Mathieu DuceppeCounsel
1 appearance

for the Respondent Greater Essex County District School Board

Sheila MacKinnonCounsel
1 appearance

for the Respondent Hamilton-Wentworth District School Board

Jane GoodingCounsel
1 appearance

for the Respondent Hamilton-Wentworth Elementary Teachers’ Local

Kate HughesCounsel
1 appearance

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

Rachel WeinerCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario

Taylor RansomCounsel
1 appearance

for the Respondent Humber River Regional Hospital

Carolyn Cornford GreavesCounsel
1 appearance

for the Respondent International Brotherhood of Electrical Workers, Local 636

Craig FloodCounsel
1 appearance

for the Respondent Kapuskasing Ontario Provincial Police

Fatema DadaCounsel
1 appearance

for the Respondent Kenneth Alexander

Kenneth AlexanderSelf-represented
1 appearance

for the Respondent Kevin Fox

Kevin FoxSelf-represented
1 appearance

for the Respondent King Township

M. David RossCounsel
1 appearance

for the Respondent Leslie Perrin

Leslie PerrinSelf-represented
1 appearance

for the Respondent Manny Cardosa

James StewartCounsel
1 appearance

for the Respondent Manulife Financial

Sophia ZaidiCounsel
1 appearance

for the Respondent, Middlesex-London Emergency Medical Services Authority

Stephanie JeronimoCounsel
1 appearance
John SaundersCounsel
1 appearance

for the Respondent Millwright Regional Council of Ontario, Local 1592

Meg AtkinsonCounsel
2 appearances

for the Respondent Mohammad Reza Nikkhou

Jennifer KatsunoCounsel
1 appearance

for the Respondent North Eastern Ontario Family and Child Services

Justin EllertCounsel
1 appearance

for the Respondent Ontario Nurses Association

Colin JohnstonCounsel
1 appearance

for the Respondent Ontario Soccer Association

Jessica DiFedericoCounsel
1 appearance

for the Respondent Ontario Universities’ Application Centre

Donald KiddCounsel
1 appearance

for the Respondent Paul Armstrong

Glenn ChristieCounsel
1 appearance

for the Respondent Ralph Johnson

Jordan LesterCounsel
1 appearance

for the Respondent, Ralph Johnson

Jordan LesterCounsel
1 appearance

for the Respondent(s)

Carolyn Cornford GreavesCounsel
1 appearance
Daniel HuffakerCounsel
1 appearance

for the Respondents

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

for the Respondents and Proposed Respondents

Christopher SinalCounsel
1 appearance

for the Respondents Bram Samaroo and Ryan Pitcher

Christopher McClellandCounsel
1 appearance

for the Respondent Securitas Canada Limited

Daniel McDonaldCounsel
2 appearances

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

Christine DaviesCounsel
1 appearance

for the Respondent Service Employees International Union Local 1 Canada

Helen NowakCounsel
1 appearance
Ken EvettUnion representative
1 appearance

for the Respondent Slovenian Linden Foundation

Jacinthe BoudreauCounsel
2 appearances

for the Respondent SM Medical Centre

Nadia MarottaCounsel
1 appearance

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

Roy FilionCounsel
1 appearance

for the Respondent Susan Wall

Wade PoziomkaCounsel
1 appearance

for the Respondents William Osler Heath System and Laura Albisu

Christopher ParkesCounsel
1 appearance

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

Allison TaylorCounsel
1 appearance

for the Respondent Teamsters Union Local 419

Michael HancockCounsel
1 appearance

for the Respondent Teamsters Union, Local 419

Michael HancockCounsel
1 appearance

for the Respondent Teston Pipeline Limited

Michael HandlerCounsel
1 appearance

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

Fred FisherCounsel
1 appearance

for the Respondent The College of Physicians and Surgeons of Ontario

Monica TessierCounsel
1 appearance
Michelle GibbsCounsel
1 appearance

for the Respondent The Corporation of the City of Brantford

Heidi de VriesCounsel
1 appearance

for the Respondent The Corporation of the City of Cambridge

Steve MathesonCounsel
1 appearance

for the Respondent The Corporation of the City of Thunder Bay

Andrew ZabrovskyCounsel
1 appearance

for the Respondent The Corporation of the City of Vaughan

Nancy SalernoCounsel
1 appearance

for the Respondent The Law Society of Upper Canada

Andrea GonsalvesCounsel
1 appearance

for the Respondent The Ottawa Hospital

Jacquie DagherCounsel
1 appearance

for the Respondent The Ottawa Police Service

David PatacairkCounsel
1 appearance

for the Respondent The Regional Municipality of Waterloo Police Services Board

Donald JarvisCounsel
1 appearance

for the Respondent Timmins and District Hospital

Jodi RussellAgent
1 appearance

for the Respondent Timmins Police Services

Elizabeth MontpetitCounsel
1 appearance

for the Respondent Toyota Motor Manufacturing Canada Inc.

Ted KovacsCounsel
2 appearances

for the Respondent Trentway Wager / Coach Canada

Craig LawrenceCounsel
1 appearance

for the Respondent United Steelworkers of America, Local 9597

Shaheen HiraniCounsel
1 appearance

for the Respondent University of Ontario Institute of Technology

Cheryl FoyCounsel
1 appearance

for the Respondent University of Windsor

David AmyotCounsel
1 appearance

for the Respondent Victorian Order of Nurses

Sarah CrossleyCounsel
1 appearance

for the Respondent Workplace Safety and Insurance Board

Agnes WintersingerCounsel
1 appearance

for the Respondent, York Police Services Board

Stephen MaioCounsel
1 appearance

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

Paul MatthewsCounsel
1 appearance

for The Town of Parry Sound

Charles LoopstraCounsel
1 appearance

for the Workplace Safety and Insurance Board

Gurjit BrarCounsel
1 appearance

for Total Security Management

David McKechnieCounsel
1 appearance

for Unicco Facility Services Canada Company

Melanie McNaughtCounsel
1 appearance

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

Niki LundquistCounsel
1 appearance

Next Friend for Madison Reece

Rachel ChetwynAgent
1 appearance

Representative

Shaun CrymbleAgent
1 appearance

Representative for the Respondents

Judit SchonwaldAgent
1 appearance

Representative for Xiaorui Sun

Qizhi JiaoAgent
1 appearance

Respondent

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

Respondents

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

Self-represented

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

667

Decisions

Years active

Tribunals

3.8

cases/mo

HRTO663(99%)

OPEHT4(1%)

Decision types

motion

611

trial

/Adjudicator

Douglas Sanderson — Vice-Chair

Human Rights

Administrative Law

Other Tribunals

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Indigenous Legal Issues

Family and Matrimonial Law

Health Law

Douglas Sanderson

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

OPEHT HRTO

667

cases · 15 yrs · HRTO, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

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

Melissa Arruda

6 cases2013–2016

Ansuya Pachai

32 cases2000–2018

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioDec 5, 2016

Tribunal resolves interim production requests and restricts applicant from filing further requests against police board without permission.

The Tribunal dismissed the requests for medical information and emails, finding them unnecessary or that the documents could not be located.

The Tribunal ordered the Toronto Police Services Board to disclose the individual respondent's police statement.

Amazan v. Toronto Catholic District School Board, 2016 HRTO 1555

Sheila MacKinnon

15 cases2008–2024

Rachel Weiner

Practising Law - Employed2 cases2016–2016

Grace Vaccarelli

33 cases2009–2018

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioDec 1, 2016

Request to withdraw human rights application against Ministry granted without terms prior to hearing.

The applicant, a student with Autism Spectrum Disorder, filed a human rights application against the school board and the Ministry of Education regarding his special education placement.

Prior to the hearing, the applicant requested to withdraw the application against the Ministry.

The school board objected, arguing that the withdrawal should be denied or conditions imposed because the application sought public interest remedies affecting the Ministry.

J.L. v. Greater Essex County District School Board, 2016 HRTO 1542

Joseph Solomon

In Private Practice1 case2016–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 30, 2016

Human rights application dismissed for delay; pursuing alternate redress is not a good faith explanation.

The applicant filed a human rights application alleging discrimination and reprisal by his former employer and the WSIB, more than one year after the last alleged incident of discrimination.

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

The applicant argued the delay was incurred in good faith because he was pursuing redress through other Ministry of Labour agencies.

The Tribunal dismissed the application, finding that pursuing alternate avenues of redress does not constitute a good faith explanation for delay under section 34 of the Human Rights Code.

Pasquale Falcone v. 2373298 Ontario Inc., 2016 HRTO 1534

Kiel Ardal

In Private Practice10 cases2013–2019

Karen Sanchez

4 cases2014–2025

Douglas Sanderson

Practising Law - Employed13 cases2015–2018

Reconsideration largely denied; reasonableness standard applies to housing cooperatives responding to harassment complaints.

The respondent non-profit housing cooperative requested reconsideration of a Tribunal decision that found it failed to adequately address serious and persistent harassment directed at the applicants.

The respondent argued that the Tribunal erred by applying the reasonableness standard from employment jurisprudence without accounting for the unique nature of volunteer-run housing cooperatives.

The respondent also challenged the remedial orders, which included monetary compensation and requirements to post the decision and notify members.

The Tribunal dismissed most of the reconsideration request, finding no conflict with established jurisprudence and noting that the respondent failed to propose an alternative legal standard.

However, the Tribunal removed the requirement to post the decision on the cooperative's bulletin board, finding it redundant given the requirement to send notices directly to members.

Welykyi v. Rouge Valley Co-operative Homes Inc., 2016 HRTO 1543

Roger Love

Alex Alton

22 cases2016–2026

Douglas Sanderson

Adjournment granted in part; medical appointment constituted exceptional circumstance but recent retention of counsel did not.

The respondent requested an adjournment of the scheduled hearing due to a conflicting medical appointment and the recent retention of counsel.

The applicants opposed the request.

The Tribunal found that retaining counsel shortly before a hearing is not an exceptional circumstance warranting an adjournment.

However, the Tribunal held that the respondent's conflicting medical appointment constituted an exceptional circumstance.

The Tribunal granted the adjournment in part, cancelling the first day of the hearing but ordering the second day to proceed.

Pietrzyk v. Rygier, 2016 HRTO 1523

Michael Simaan

136 cases2000–2026

Douglas Sanderson

Reconsideration granted for natural justice breach, but application ultimately dismissed due to concurrent civil action.

The applicant requested a reconsideration of a Tribunal decision that dismissed his human rights application for lack of jurisdiction under section 34(11) of the Human Rights Code.

Consequently, the application remained barred by section 34(11) and was dismissed.

John v. Alexanian Law Firm, 2016 HRTO 1519

Hillary Cook

Garth O’Neil

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 24, 2016

Human rights application dismissed under s. 45.1 as prior grievance settlement resolved the issues.

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

The respondents requested dismissal under section 45.1 of the Human Rights Code, arguing the issues were resolved through a prior union grievance settlement that included a full release.

The applicant argued she lacked the mental capacity to enter into the settlement due to trauma from a workplace assault.

The Tribunal found the medical evidence insufficient to establish incapacity and concluded the grievance settlement appropriately dealt with the substance of the application.

The application was dismissed.

Mosbeck v. Community Living Atikokan, 2016 HRTO 1497

Ted Kovacs

29 cases1996–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 22, 2016

Human rights application dismissed for delay as applicant failed to act with due diligence.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability, but did so outside the one-year limitation period.

The Tribunal held a preliminary hearing to determine if the delay was incurred in good faith under section 34(2) of the Human Rights Code.

The applicant argued he misunderstood the limitation period and assumed his lawyer would file the application.

The Tribunal found the applicant failed to act with due diligence, as he missed appointments with his lawyer and failed to provide instructions despite being advised of the time limit.

The application was dismissed for delay.

Bremner v. Toyota Motor Manufacturing, 2016 HRTO 1491

Erik Kupka

2 cases2012–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioNov 15, 2016

Tribunal denied applicant's request to compel respondent witnesses but granted disability-related hearing accommodations.

The applicant in a human rights proceeding brought a motion requesting that the Tribunal order the respondents to produce as witnesses the authors of all documents in their document brief.

The applicant also requested accommodation for disability-related restrictions during the hearing.

The Tribunal granted the accommodation request, ordering that the hearing proceed at a pace allowing the applicant to fully participate and offering the services of a Real Time Captioner.

Armstrong v. Workplace Safety and Insurance Board, 2016 HRTO 1468

Thomas Stefanik

17 cases1982–2016

Douglas Sanderson

Human rights application deferred pending resolution of concurrent WSIAT appeal regarding workplace accommodation.

The applicant filed a human rights application alleging discrimination and failure to accommodate her disability related to workplace chemical exposure.

Clarke v. Caressant Care Nursing and Retirement Home Ltd., 2016 HRTO 1434

Niki Lundquist

13 cases2004–2017

Douglas Sanderson

Human rights application dismissed for delay as applicant failed to provide medical evidence justifying late filing.

The applicant filed a human rights application alleging discrimination based on disability after being removed from his position as a Full Time Union Committee Person.

The respondent argued the application was filed outside the one-year limitation period.

The Tribunal found that the last incident of alleged discrimination was the applicant's removal from his position, not the subsequent denial of his appeal.

The applicant failed to provide medical evidence to support his claim that his disability prevented him from filing in a timely manner.

The application was dismissed for delay.

Smyth v. Unifor, Local 1090, 2016 HRTO 1433

Christy Allen

3 cases2016–2019

Douglas Sanderson

Interim remedy to exempt applicant from condominium pet carrier rule denied.

The applicant, who has mental health disabilities and uses a service dog, filed an application alleging discrimination in accommodation.

The Tribunal noted that any fines levied could be compensated if a Code violation is ultimately found.

Latendresse v. Carleton Condominium Corporation #8, 2016 HRTO 1431

Shana French

10 cases2010–2024

Douglas Sanderson

Human rights application dismissed as abandoned after applicant left the hearing following an unsuccessful bias motion.

The applicant alleged employment discrimination based on disability after being removed from a transitional work program.

During the hearing, the Tribunal denied a request to reconsider an interim decision that disqualified the applicant's representative, an unlicensed paralegal, from acting as an unpaid friend.

On the final day of the hearing, the applicant requested the adjudicator recuse himself for bias, alleging unfairness in cross-examination rulings.

The adjudicator dismissed the bias motion, finding that routine case management and evidentiary rulings do not create a reasonable apprehension of bias.

Following this ruling, the applicant abandoned the hearing.

The Tribunal subsequently dismissed the application as abandoned.

Carla Borba v. Toronto Transit Commission, 2016 HRTO 1430

Douglas Sanderson

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

The applicant filed a human rights application alleging discrimination in employment based on record of offences.

The applicant failed to file written submissions in response to the NOID by the specified deadline.

Consequently, the Tribunal dismissed the application as abandoned.

Artz v. Marel Contractors, 2016 HRTO 1424

John Conforti

Douglas Sanderson

Human rights application dismissed as abandoned following applicant's failure to respond regarding CCAA stay.

The applicant filed a human rights application alleging employment discrimination.

The respondent entered CCAA proceedings, resulting in a stay of the application.

The Court-appointed monitor later advised that the applicant's claim was extinguished and a full release provided.

The Tribunal directed the applicant to respond, warning of dismissal for abandonment.

The applicant failed to respond, and the Tribunal dismissed the application as abandoned.

Cheryachukin v. Target Canada, 2016 HRTO 1418

Marni Tolensky

Douglas Sanderson

Human rights application dismissed as abandoned due to applicant's failure to file hearing materials.

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

Following a Case Assessment Direction requiring the applicant to deliver and file hearing documents within 14 days, the applicant failed to comply.

The Tribunal found that the applicant had abandoned the application and dismissed it.

Andreoff v. Toronto Transit Commission, 2016 HRTO 1417

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 27, 2016

Reconsideration denied; unpardoned criminal records are not protected under the Human Rights Code.

The applicant requested reconsideration of a Tribunal decision dismissing his application for discrimination in employment.

The applicant alleged he was discriminated against because of an unpardoned criminal record.

Wolkowski v. Liquor Control Board of Ontario, 2016 HRTO 1396

Marni Tolensky

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 26, 2016

Tribunal orders limited disclosure of applicant's medical file to employer to defend disability discrimination claim.

The applicant filed a human rights application alleging discrimination in employment based on disability, claiming the respondents refused to accommodate her following knee replacement surgery.

The Tribunal found the documents arguably relevant but limited disclosure to records from December 2014 onwards, corresponding to the start of the applicant's medical leave.

The Tribunal also granted the respondents an extension of time to file submissions on whether the application should be deferred.

Sherri Stillo v. Toronto Transit Commission and Christine Jefferies, 2016 HRTO 1389

Douglas Sanderson

Practising Law - Employed22 cases2016–2025

Request to amend human rights application to add new prohibited grounds granted.

The applicant filed a Request for an Order During Proceedings to amend his human rights application to include the prohibited grounds of place of origin, citizenship, and ethnic origin.

The applicant alleged he was demoted because he did not have a Canadian grade twelve education.

The respondent did not oppose the request.

The Tribunal granted the request, noting the amendment did not add new factual allegations and caused no prejudice to the respondent.

Sergio Sanchez v. The Corporation of the City of Barrie, 2016 HRTO 1384

Andrew Cogswell

Douglas Sanderson