Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 20, 2016

Human rights application regarding pension buyback dismissed for delay outside the one-year limitation period.

The applicant filed a human rights application alleging discrimination on the basis of sex regarding her inability to fully buy back pension credited service for her pregnancy and parental leaves.

The respondent requested the application be dismissed for delay, as it was filed more than one year after the last alleged incident of discrimination.

The Tribunal found that the applicant knew a full buyback was not possible by July 2011, but did not file her application until August 2012.

The Tribunal concluded the application was untimely and that the applicant failed to provide a good faith explanation for the delay.

The application was dismissed.

Lynn Chmelnitsky Moors v. Ontario Teachers’ Pension Plan Board, 2016 HRTO 1362

Adrienne Couto

Practising Law - Employed53 cases2009–2022

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 11, 2016

Adjournment granted where denying it would force the applicant to choose between employment and the hearing.

The applicant requested an adjournment of the scheduled hearing because his employer denied his request for time off and he had exhausted his vacation entitlement.

The respondent opposed the request, arguing that the applicant had ample time to schedule his availability and that a work conflict is not an extraordinary circumstance warranting an adjournment.

The Tribunal granted the adjournment, finding that while the applicant should have been more proactive, declining the request would effectively require him to choose between his employment and attending the hearing, which constituted an extraordinary circumstance.

Jerome Mohanarao v. Liquor Control Board of Ontario, 2016 HRTO 1312

Matthew Dewar

In Private Practice6 cases2012–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 7, 2016

Applicant ordered to produce medical and income documents; respondent's request for hearing adjournment denied.

The respondent requested an order for the production of documents and an adjournment of the hearing.

The Tribunal ordered the self-represented applicant to produce documents regarding her civil action for long-term disability benefits, her medical condition, and any income earned since commencing her medical leave, finding them arguably relevant to the issues of compensation and credibility.

The request for an adjournment was denied, as any issues regarding the sufficiency of disclosure could be addressed at the hearing.

Terry-Ann Wellington v. Southern Sanitation Inc. o/a Wasteco, 2016 HRTO 1303

Daniel Chodos

In Private Practice19 cases2010–2022

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioSep 30, 2016

Human rights application deferred pending conclusion of related Small Claims Court action to avoid inconsistent findings.

The applicant filed a human rights application alleging discrimination with respect to goods, services and facilities.

The respondent requested that the application be deferred pending the conclusion of a related action in Small Claims Court.

The Tribunal found significant overlap in the factual issues between the two proceedings and noted the civil action was at a more advanced stage.

To avoid inconsistent findings of fact, the Tribunal deferred consideration of the application pending the conclusion of the civil action.

Dion Rinaldi v. Paragon Security, 2016 HRTO 1280

Douglas Sanderson

Tribunal orders respondent to pay $5,500 settlement funds plus interest after breach of settlement.

The applicant filed an Application for Contravention of Settlement alleging the respondent failed to pay $5,500 in general damages as required by the minutes of settlement.

The respondent did not file a response and was deemed to have accepted the allegations.

The Tribunal found that the respondent breached the settlement and ordered the immediate payment of the settlement funds, along with pre-judgment and post-judgment interest.

Roth v. Cassin, 2016 HRTO 1278

Douglas Sanderson

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

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

The Tribunal sent multiple communications directing the applicant to confirm availability for mediation.

The applicant failed to respond to any of the Tribunal's correspondence, including a final warning letter.

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

Jamie Knight v. The Regional Municipality of Halton Police Services Board, 2016 HRTO 1272

Douglas Sanderson

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

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

The Tribunal directed the parties to provide dates for a hearing.

The respondent provided availability, but the applicant did not respond.

After a further warning letter went unanswered, the Tribunal deemed the application abandoned and dismissed it.

Hypolite v. Wickies Pub Inc., 2016 HRTO 1268

Douglas Sanderson

Human rights application against federally regulated bank dismissed as abandoned after applicant failed to respond.

The applicant filed an application alleging discrimination in employment against a federally regulated bank.

The Tribunal issued a Notice of Intent to Dismiss because the respondent appeared to be federally regulated, placing the matter outside the Tribunal's jurisdiction.

The applicant failed to respond to the Notice.

The Tribunal dismissed the application as abandoned.

Eric Michel Menie Mba v. Canadian Imperial Bank of Commerce, 2016 HRTO 1266

Douglas Sanderson

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

The applicant filed an application alleging discrimination in employment based on colour and record of offences.

The Tribunal issued a Notice of Intent to Dismiss (NOID) identifying jurisdictional defects, including timeliness and failure to identify specific acts of discrimination.

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

Consequently, the Tribunal dismissed the application as abandoned.

Shamahamad v. Brookfield Condominium Services, 2016 HRTO 1271

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 employment discrimination based on colour and sex.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be filed outside the one-year limitation period without citing facts constituting good faith, and failed to identify specific acts of discrimination.

After the applicant failed to respond to the NOID and a subsequent reminder, the Tribunal dismissed the application as abandoned.

Henderson v. AIM Health Group, 2016 HRTO 1267

Douglas Sanderson

Human rights application dismissed; unpardoned federal criminal conviction does not constitute a record of offences.

The applicant filed a human rights application alleging discrimination with respect to employment based on his record of offences, claiming his criminal record was used against him in union elections.

The Tribunal issued a Notice of Intent to Dismiss because the applicant's conviction was under the Criminal Code and he had not received a pardon.

As the Human Rights Code definition of 'record of offences' requires a pardoned federal offence or a provincial offence, the Tribunal found it plain and obvious that it lacked jurisdiction and dismissed the application.

DeSousa v. CUPE Local 416, 2016 HRTO 1264

Douglas Sanderson

In Private Practice39 cases2011–2026

Human rights application dismissed as abandoned after applicant failed to respond to limitation period inquiries.

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

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed outside the one-year limitation period under s. 34(1) of the Human Rights Code.

The applicant failed to provide submissions or proof of an earlier filing despite multiple warnings.

The Tribunal dismissed the application as abandoned.

Grant v. State Farm Insurance, 2016 HRTO 1257

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

The applicant failed to attend the scheduled hearing of her human rights application alleging discrimination in employment because of sex, having slept in and missed her ride.

Her counsel received instructions to abandon the application.

The Tribunal dismissed the application as abandoned.

Trina Bordeleau v. Oar House Restaurant and Carmine Talarico, 2016 HRTO 1231

Roy Filion

55 cases1987–2019

Christine Davies

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioSep 20, 2016

Human rights applications against school board and union dismissed for delay and no reasonable prospect of success.

The applicant, a teacher, filed two human rights applications against her school board employer and her union, alleging discrimination on the basis of place of origin, ethnic origin, and reprisal.

The Tribunal held a summary hearing to determine whether the applications should be dismissed for delay or having no reasonable prospect of success.

The Tribunal found that the older allegations against the school board did not form a series of incidents with the timely ones and were dismissed for delay, as the applicant lacked a good faith explanation.

The timely allegations against both the school board and the union were dismissed for having no reasonable prospect of success, as the applicant failed to point to any evidence connecting the respondents' actions to the prohibited grounds of discrimination or establishing reprisal.

Both applications were dismissed in their entirety.

Miszkiel v. Peel District School Board, 2016 HRTO 1230

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 30, 2016

Tribunal orders respondent to produce arguably relevant emails and comply with pre-hearing disclosure obligations.

The applicant filed a Request for an Order During Proceedings seeking the production of email messages between the respondent's personnel regarding his use of Accident/Incident Reporting forms.

The applicant alleged these emails would show he was singled out to withdraw his ongoing accommodation.

The respondent did not file a response.

The Tribunal found the emails arguably relevant and ordered their production.

The Tribunal also noted the respondent's failure to comply with pre-hearing disclosure obligations under Rules 16 and 17, and ordered the respondent to produce its documents and witness list by a specified date, failing which it may be barred from presenting evidence at the hearing.

Jeremy Tullett v. The Governing Council of the Salvation Army in Canada o/a The Salvation Army National Recycling Operations, 2016 HRTO 1153

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 29, 2016

Human rights application dismissed at preliminary stage for failing to allege Code-based discrimination.

The applicant filed a human rights application alleging discrimination and reprisal by his legal representative and Legal Aid Ontario.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application did not identify any specific acts of discrimination within the meaning of the Human Rights Code.

After reviewing the applicant's response to the NOID, the Tribunal found it plain and obvious that the application fell outside its jurisdiction, as the allegations concerned unfair treatment and dissatisfaction with legal representation rather than Code violations.

The application was dismissed.

Fuller v. Legal Aid Ontario, 2016 HRTO 1141

Douglas Sanderson

Request to add individual respondents denied as no allegations supported a Code violation against them.

The applicant, an elementary school teacher, filed a Request for an Order During Proceedings seeking to add several individuals as respondents to his human rights application against the school board.

The Tribunal applied the three-part test for adding respondents and found that there were no allegations in the application that could support a finding of discrimination against the proposed individuals.

Furthermore, allegations against some of the proposed respondents had already been dismissed in previous proceedings.

The request to add the respondents was denied, and the parties were ordered to comply with pre-hearing disclosure obligations.

Félix Amazan v. Toronto Catholic District School Board, 2016 HRTO 1137

Douglas Sanderson

Human rights application dismissed as abandoned due to failure to respond to dismissal notice.

The applicant filed an application alleging discrimination and reprisal under the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss because the application failed to identify specific acts of discrimination or explain the basis for the reprisal claim.

The applicant failed to file written submissions in response to the Notice.

Consequently, the Tribunal dismissed the application as abandoned.

Fuller v. Macpharlin, 2016 HRTO 1133

Douglas Sanderson

Practising Law - Employed1 case2016–2016

Human rights application dismissed for delay as applicant provided no medical evidence justifying late filing.

The applicant filed a human rights application alleging discrimination based on disability, claiming the respondent clinic misdiagnosed him, caused his driver's license to be suspended, and failed to file for disability benefits.

The last alleged incident occurred in March 2014, but the application was not filed until January 2016.

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

The applicant submitted that he fell into a deep depression but provided no medical evidence to show the disability prevented him from pursuing his rights.

The Tribunal found no good faith explanation for the delay and dismissed the application.

Fuller v. Medi Mart Clinic, 2016 HRTO 1132

Christine E. LeBlanc

Douglas Sanderson

Employment and Labour Law

Tribunal refused to defer application to facilitate ongoing settlement negotiations between the parties.

The applicant filed an application alleging discrimination in employment based on race, sexual orientation, and family status.

Both parties requested that the Tribunal defer the application while they pursued settlement discussions and the respondent completed an internal investigation.

The Tribunal declined to defer the application, noting that it does not defer proceedings to facilitate negotiations between parties, and ordered the respondent to file a response.

Broad v. Salvation Army Canada, 2016 HRTO 1127

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

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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

Elizabeth Brown

20 cases2008–2025

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 20, 2016

Human rights application regarding pension buyback dismissed for delay outside the one-year limitation period.

The applicant filed a human rights application alleging discrimination on the basis of sex regarding her inability to fully buy back pension credited service for her pregnancy and parental leaves.

The respondent requested the application be dismissed for delay, as it was filed more than one year after the last alleged incident of discrimination.

The Tribunal found that the applicant knew a full buyback was not possible by July 2011, but did not file her application until August 2012.

The Tribunal concluded the application was untimely and that the applicant failed to provide a good faith explanation for the delay.

The application was dismissed.

Lynn Chmelnitsky Moors v. Ontario Teachers’ Pension Plan Board, 2016 HRTO 1362

Adrienne Couto

Practising Law - Employed53 cases2009–2022

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 11, 2016

Adjournment granted where denying it would force the applicant to choose between employment and the hearing.

The applicant requested an adjournment of the scheduled hearing because his employer denied his request for time off and he had exhausted his vacation entitlement.

The respondent opposed the request, arguing that the applicant had ample time to schedule his availability and that a work conflict is not an extraordinary circumstance warranting an adjournment.

Jerome Mohanarao v. Liquor Control Board of Ontario, 2016 HRTO 1312

Matthew Dewar

In Private Practice6 cases2012–2024

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioOct 7, 2016

Applicant ordered to produce medical and income documents; respondent's request for hearing adjournment denied.

The respondent requested an order for the production of documents and an adjournment of the hearing.

The request for an adjournment was denied, as any issues regarding the sufficiency of disclosure could be addressed at the hearing.

Terry-Ann Wellington v. Southern Sanitation Inc. o/a Wasteco, 2016 HRTO 1303

Daniel Chodos

In Private Practice19 cases2010–2022

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioSep 30, 2016

Human rights application deferred pending conclusion of related Small Claims Court action to avoid inconsistent findings.

The applicant filed a human rights application alleging discrimination with respect to goods, services and facilities.

The respondent requested that the application be deferred pending the conclusion of a related action in Small Claims Court.

The Tribunal found significant overlap in the factual issues between the two proceedings and noted the civil action was at a more advanced stage.

To avoid inconsistent findings of fact, the Tribunal deferred consideration of the application pending the conclusion of the civil action.

Dion Rinaldi v. Paragon Security, 2016 HRTO 1280

Douglas Sanderson

Tribunal orders respondent to pay $5,500 settlement funds plus interest after breach of settlement.

The applicant filed an Application for Contravention of Settlement alleging the respondent failed to pay $5,500 in general damages as required by the minutes of settlement.

The respondent did not file a response and was deemed to have accepted the allegations.

The Tribunal found that the respondent breached the settlement and ordered the immediate payment of the settlement funds, along with pre-judgment and post-judgment interest.

Roth v. Cassin, 2016 HRTO 1278

Douglas Sanderson

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

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

The Tribunal sent multiple communications directing the applicant to confirm availability for mediation.

The applicant failed to respond to any of the Tribunal's correspondence, including a final warning letter.

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

Jamie Knight v. The Regional Municipality of Halton Police Services Board, 2016 HRTO 1272

Douglas Sanderson

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

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

The Tribunal directed the parties to provide dates for a hearing.

The respondent provided availability, but the applicant did not respond.

After a further warning letter went unanswered, the Tribunal deemed the application abandoned and dismissed it.

Hypolite v. Wickies Pub Inc., 2016 HRTO 1268

Douglas Sanderson

Human rights application against federally regulated bank dismissed as abandoned after applicant failed to respond.

The applicant filed an application alleging discrimination in employment against a federally regulated bank.

The Tribunal issued a Notice of Intent to Dismiss because the respondent appeared to be federally regulated, placing the matter outside the Tribunal's jurisdiction.

The applicant failed to respond to the Notice.

The Tribunal dismissed the application as abandoned.

Eric Michel Menie Mba v. Canadian Imperial Bank of Commerce, 2016 HRTO 1266

Douglas Sanderson

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

The applicant filed an application alleging discrimination in employment based on colour and record of offences.

The Tribunal issued a Notice of Intent to Dismiss (NOID) identifying jurisdictional defects, including timeliness and failure to identify specific acts of discrimination.

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

Consequently, the Tribunal dismissed the application as abandoned.

Shamahamad v. Brookfield Condominium Services, 2016 HRTO 1271

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 employment discrimination based on colour and sex.

After the applicant failed to respond to the NOID and a subsequent reminder, the Tribunal dismissed the application as abandoned.

Henderson v. AIM Health Group, 2016 HRTO 1267

Douglas Sanderson

Human rights application dismissed; unpardoned federal criminal conviction does not constitute a record of offences.

The Tribunal issued a Notice of Intent to Dismiss because the applicant's conviction was under the Criminal Code and he had not received a pardon.

DeSousa v. CUPE Local 416, 2016 HRTO 1264

Douglas Sanderson

Human rights application dismissed as abandoned after applicant failed to respond to limitation period inquiries.

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

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be filed outside the one-year limitation period under s. 34(1) of the Human Rights Code.

The applicant failed to provide submissions or proof of an earlier filing despite multiple warnings.

The Tribunal dismissed the application as abandoned.

Grant v. State Farm Insurance, 2016 HRTO 1257

Mark Palombi

1 case2016–2016

Jamie McGinnis

20 cases2012–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioSep 20, 2016

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

The applicant failed to attend the scheduled hearing of her human rights application alleging discrimination in employment because of sex, having slept in and missed her ride.

Her counsel received instructions to abandon the application.

The Tribunal dismissed the application as abandoned.

Trina Bordeleau v. Oar House Restaurant and Carmine Talarico, 2016 HRTO 1231

Roy Filion

55 cases1987–2019

Christine Davies

In Private Practice39 cases2011–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioSep 20, 2016

Human rights applications against school board and union dismissed for delay and no reasonable prospect of success.

The applicant, a teacher, filed two human rights applications against her school board employer and her union, alleging discrimination on the basis of place of origin, ethnic origin, and reprisal.

The Tribunal held a summary hearing to determine whether the applications should be dismissed for delay or having no reasonable prospect of success.

Both applications were dismissed in their entirety.

Miszkiel v. Peel District School Board, 2016 HRTO 1230

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 30, 2016

Tribunal orders respondent to produce arguably relevant emails and comply with pre-hearing disclosure obligations.

The applicant filed a Request for an Order During Proceedings seeking the production of email messages between the respondent's personnel regarding his use of Accident/Incident Reporting forms.

The applicant alleged these emails would show he was singled out to withdraw his ongoing accommodation.

The respondent did not file a response.

The Tribunal found the emails arguably relevant and ordered their production.

Jeremy Tullett v. The Governing Council of the Salvation Army in Canada o/a The Salvation Army National Recycling Operations, 2016 HRTO 1153

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 29, 2016

Human rights application dismissed at preliminary stage for failing to allege Code-based discrimination.

The applicant filed a human rights application alleging discrimination and reprisal by his legal representative and Legal Aid Ontario.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application did not identify any specific acts of discrimination within the meaning of the Human Rights Code.

The application was dismissed.

Fuller v. Legal Aid Ontario, 2016 HRTO 1141

Douglas Sanderson

Request to add individual respondents denied as no allegations supported a Code violation against them.

Furthermore, allegations against some of the proposed respondents had already been dismissed in previous proceedings.

The request to add the respondents was denied, and the parties were ordered to comply with pre-hearing disclosure obligations.

Félix Amazan v. Toronto Catholic District School Board, 2016 HRTO 1137

Douglas Sanderson

Human rights application dismissed as abandoned due to failure to respond to dismissal notice.

The applicant filed an application alleging discrimination and reprisal under the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss because the application failed to identify specific acts of discrimination or explain the basis for the reprisal claim.

The applicant failed to file written submissions in response to the Notice.

Consequently, the Tribunal dismissed the application as abandoned.

Fuller v. Macpharlin, 2016 HRTO 1133

Douglas Sanderson

Practising Law - Employed1 case2016–2016

Human rights application dismissed for delay as applicant provided no medical evidence justifying late filing.

The last alleged incident occurred in March 2014, but the application was not filed until January 2016.

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

The applicant submitted that he fell into a deep depression but provided no medical evidence to show the disability prevented him from pursuing his rights.

The Tribunal found no good faith explanation for the delay and dismissed the application.

Fuller v. Medi Mart Clinic, 2016 HRTO 1132

Christine E. LeBlanc

Douglas Sanderson