Douglas Sanderson

Human rights application dismissed as abandoned after parties failed to file settlement confirmation form.

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

The parties participated in mediation and reached a settlement, but failed to file the required Settlement Form (Form 25) within the specified timeframe.

The Tribunal directed the parties to file the form or confirm their intention to proceed, warning that failure to do so could result in the application being deemed abandoned.

Having received no response, the Tribunal deemed the application abandoned and dismissed it.

Stephen Kadolph v. SAP Canada Inc., 2016 HRTO 1125

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 with respect to goods, services, and facilities because of disability.

The Tribunal issued a Notice of Intent to Dismiss (NOID) as 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.

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

Consequently, the Tribunal dismissed the application as abandoned.

Fuller v. St. Joseph’s Hospital, 2016 HRTO 1124

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 based on reprisal.

The Tribunal issued a Notice of Intent to Dismiss because the application failed to identify specific acts of discrimination or explain how the alleged reprisal related to Code rights.

The applicant failed to respond to the Notice.

The Tribunal dismissed the application as abandoned.

Fuller v. North Bay Police Services, 2016 HRTO 1123

Douglas Sanderson

Human rights application against OIPRD dismissed as abandoned after applicant failed to respond to NOID.

The applicant filed a human rights application alleging discrimination based on race and place of origin against the Ottawa Police Service and the Office of the Independent Police Review Director (OIPRD).

The Tribunal issued a Notice of Intent to Dismiss regarding the OIPRD on the basis of adjudicative immunity.

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

The Tribunal dismissed the application against the OIPRD as abandoned and directed the Registrar to serve the application on the Ottawa Police Service.

Maan Ali v. Ottawa Police Service and Office of the Independent Police Review Director, 2016 HRTO 1118

Douglas Sanderson

Practising Law - Employed113 cases1994–2025

Application dismissed; Tribunal lacks jurisdiction over discrimination claims based on unpardoned federal criminal records.

The applicant filed an application alleging discrimination in employment on the basis of record of offences after the respondent withdrew a job offer due to his criminal record.

The Tribunal issued a Notice of Intent to Dismiss because the applicant's federal criminal record was unpardoned.

The applicant conceded he had not received a pardon but argued the respondent's actions were inconsistent with its policies.

The Tribunal dismissed the application, finding it plain and obvious that it lacked jurisdiction because an unpardoned federal offence does not fall within the Code's definition of 'record of offences'.

Andrey Wolkowski v. Liquor Control Board of Ontario, 2016 HRTO 1117

Caroline Cohen

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 16, 2016

Human rights application deferred pending completion of concurrent grievance proceedings raising the same issues.

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

The respondent requested that the application be deferred because the applicant had filed grievances under her collective agreement raising the same facts and issues, which had been referred to the Grievance Settlement Board.

The Tribunal found substantial overlap between the application and the grievances and deferred the application pending the completion of the grievance process, in accordance with its usual practice.

Graham v. Ontario (Attorney General), 2016 HRTO 1095

Ansuya Pachai

32 cases2000–2018

Douglas Sanderson

Tribunal orders production of relevant emails and typed police notes but denies requests for explanations.

The applicant, an elementary school teacher, brought requests for orders during proceedings seeking the production of documents and explanations from the respondents and the Toronto Police Service Board (an affected party).

The Tribunal ordered the respondents to produce arguably relevant e-mail messages and ordered the police board to provide a typed transcript of a detective's handwritten notes.

The Tribunal denied the applicant's requests for explanations, noting that pre-hearing procedures do not require parties to answer questions or provide explanations in advance of a hearing.

Amazan v. Toronto Catholic District School Board, 2016 HRTO 971

Nikita Rathwell

9 cases2016–2026

Douglas Sanderson

Not Practising Law9 cases2013–2016

Applicant permitted to amend human rights application to add a claim for monetary compensation.

The applicant filed a Request for an Order During Proceedings to amend his human rights application to include a request for monetary compensation of $135,500.

The respondent opposed the request, arguing the financial losses had no connection to the alleged discrimination.

The Tribunal granted the request to amend, noting that the application was at an early stage, there was no prejudice to the respondent, and granting the amendment did not determine the appropriateness of the remedy sought.

Ammar Shahzad v. Surendar Jhita, 2016 HRTO 969

Jennifer Katsuno

Douglas Sanderson

Request to reactivate deferred human rights application denied as parallel FSCO proceedings remain incomplete.

The applicant requested to reactivate her human rights application, which had been deferred pending the conclusion of proceedings before the Financial Services Commission of Ontario (FSCO).

She argued that proceedings before two medical colleges had concluded.

The Tribunal denied the request, noting that the application was deferred pending the FSCO proceeding, not the college proceedings, and there was no indication that the FSCO proceeding was complete.

Mustari v. Coseco Insurance Company, 2016 HRTO 965

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 21, 2016

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

The applicant filed an application alleging discrimination with respect to goods, services, and contracts based on disability.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application failed to identify specific acts of discrimination or allege an infringement of the applicant's rights.

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

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

Lance Tyszka v. Credit Control Central and Don Vence, 2016 HRTO 959

Interim remedy to allow Autism Service Dog at school denied as balance of convenience favoured respondent.

The applicant, a student with Autism Spectrum Disorder, sought an interim remedy requiring the respondent school board to allow him to attend school with his Autism Service Dog and to assign an Educational Assistant as the dog's handler.

The Tribunal found that while the application had merit, the balance of convenience did not favour granting the interim remedy.

The evidence indicated the applicant was making progress at school and his behaviour was successfully regulated without the dog, whereas introducing the dog and requiring the board to train and assign a handler would create a new state of affairs with potential adverse effects on others.

The request for an interim remedy was denied.

JF v. Waterloo Catholic District School Board, 2016 HRTO 953

David Milner

22 cases1991–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 20, 2016

Application dismissed for lack of jurisdiction as the impugned regulation explicitly applies despite the Human Rights Code.

The applicant, a 67-year-old commercial driver, alleged age discrimination after being required to undergo a driver's examination following a speeding ticket, pursuant to O. Reg. 340/94.

The respondent raised a jurisdictional objection, arguing that section 19 of the regulation explicitly states it applies despite the Human Rights Code.

The Tribunal agreed, finding that under section 47(2) of the Code, it lacked jurisdiction to address whether the regulation violated the Code or the Charter.

The application was dismissed.

May v. Ontario (Transportation), 2016 HRTO 951

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 14, 2016

Reconsideration request dismissed; applicant failed to show compelling circumstances for missing the hearing.

The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application as abandoned after he failed to attend the hearing.

The applicant argued he missed the hearing due to new employment training.

The Tribunal dismissed the reconsideration request, finding that the applicant's reasons for missing the hearing were known to him when he previously requested an adjournment, and he failed to establish compelling and extraordinary circumstances to outweigh the public interest in the finality of decisions.

Golbahar v. Technical Standards and Safety Authority, 2016 HRTO 928

Madeleine Loewenberg

In Private Practice9 cases2008–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 8, 2016

Age discrimination application dismissed; termination was due to corporate restructuring and performance issues.

The applicant alleged discrimination in employment on the basis of age after his employment was terminated at age 46.

He claimed his performance ratings dropped and he was placed on a Performance Improvement Plan (PIP) after a vice president learned his age.

The Tribunal found that the vice president had no role in managing the applicant's performance or the decision to terminate him.

The respondent provided non-discriminatory reasons for the termination, specifically a reduction in headcount and the applicant's average performance.

The application was dismissed.

Wenfeng Lan v. Huawei Technologies Canada Co. Ltd., 2016 HRTO 901

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 with respect to employment because of disability and age against the Workplace Safety and Insurance Board.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be outside its jurisdiction.

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

Consequently, the Tribunal dismissed the application as abandoned.

Victor Odjick v. Workplace Safety and Insurance Board, 2016 HRTO 869

Douglas Sanderson

Practising Law - Employed27 cases2007–2023

Human rights application allowed to proceed despite late filing due to representative's failure to meet deadline.

The applicant filed an application alleging discrimination in employment based on gender identity, slightly more than one year after his termination.

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

The applicant submitted that he had paid a former paralegal to file the application on time, but the representative failed to do so.

The Tribunal found it was not plain and obvious that there was no good faith explanation for the delay and ordered the application to proceed.

Wilson v. West Park Healthcare Centre, 2016 HRTO 864

Megan Evans Maxwell

Andre Nowakowski

5 cases2011–2016

Adrienne Liang

Practising Law - Employed16 cases2008–2016

Douglas Sanderson

Termination allegations dismissed under s. 45.1 due to prior OLRB decision; remaining discrimination allegations proceed.

The applicant filed a human rights application alleging discrimination and reprisal in employment based on race, place of origin, and ethnic origin.

The Tribunal held a preliminary hearing to determine whether the application should be dismissed under section 45.1 of the Human Rights Code, for delay, or for having no reasonable prospect of success.

The Tribunal dismissed the allegations regarding the applicant's termination, finding that the Ontario Labour Relations Board had already appropriately dealt with the substance of those allegations in a prior unfair labour practice proceeding.

However, the Tribunal allowed the remaining allegations of workplace discrimination and harassment to proceed, finding they constituted a series of incidents under section 34(1)(b) and could not be dismissed summarily for having no reasonable prospect of success.

Gholipour v. Saint Elizabeth Health Care, 2016 HRTO 830

Douglas Sanderson

Practising Law - Employed10 cases2015–2020

Request for reconsideration dismissed as applicant failed to establish lack of notice.

The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application for abandonment.

The application had been dismissed after the applicant failed to respond to a Case Assessment Direction requiring pre-hearing disclosure.

The applicant argued he did not receive notice of the hearing or a Notice of Intent to Dismiss.

The Tribunal found that the applicant had received the Notice of Hearing and the Case Assessment Direction via his provided email address, and was aware of the hearing date.

Finding no compelling or extraordinary circumstances, the Tribunal dismissed the request for reconsideration.

Wayne Ferron v. 1580684 Ontario Inc. cob Tim Horton's Restaurant #2491, 2016 HRTO 829

Brent Craswell

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMay 26, 2016

Application for contravention of settlement dismissed; 13-day delay in payment was a de minimis breach.

The applicant filed an Application for Contravention of Settlement alleging the respondent failed to pay a $9,000 settlement installment on time.

The respondent acknowledged the payment was late due to insufficient funds but paid it 13 days after the deadline.

The Tribunal found that while the late payment constituted a breach of the settlement, it was a minor delay.

Because the applicant provided no evidence of actual emotional or financial distress resulting from the delay, the Tribunal concluded the breach was de minimis and did not warrant an award of compensation.

The application was dismissed.

Caroline Inman v. Seniors on Site, 2016 HRTO 723

Tina Earl

Practising Law - Employed7 cases2014–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMay 17, 2016

Individual respondent removed from human rights application as organizational respondent conceded vicarious liability.

The respondents requested an order to remove the individual respondent, a Probation and Parole Officer, from the human rights application.

The applicant did not respond to the request.

Applying the Persaud factors, the Tribunal found that the organizational respondent was vicariously liable for the individual respondent's conduct and capable of remedying any Code breach.

Finding no compelling reason to continue the proceeding against the individual respondent and no prejudice to the applicant, the Tribunal granted the request and removed the individual respondent.

Eaton v. Ontario (Community Safety and Correctional Services), 2016 HRTO 669

Affected Party

Toronto Police ServiceSelf-represented
1 appearance

Applicant

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

Counsel

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

Counsel for the Respondent

Daphne FedorukCounsel
1 appearance
Catherine ConradCounsel
1 appearance

Counsel for the Respondents

Glenn ChristieCounsel
1 appearance
Patricia G. MurrayCounsel
1 appearance

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

Pieter JoubertCounsel
1 appearance

for Atikokan Native Friendship Centre

Carolyn KayCounsel
1 appearance

for Bennett Health Care Centre

Brent ForemanCounsel
1 appearance

for Bill Tough

Robert HealeyCounsel
1 appearance

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

Jacquie DagherCounsel
1 appearance

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

Erin HallockCounsel
1 appearance

for Canadian Soccer Association

Richard SinclairCounsel
1 appearance

for Community Living Atikokan

Garth O’NeilCounsel
1 appearance

for Dr. Ronald Dykeman

Elizabeth GraceCounsel
1 appearance

for eHealth Ontario and Lynn Corkum

Mark A. StoneCounsel
1 appearance

for Essex County Soccer Association and Ontario Soccer Association

Robert RichlerCounsel
1 appearance

for Etobicoke Youth Soccer Club and Remo DiCarlo

Robert RichlerCounsel
1 appearance

for General Paint Corporation, Dick Glassford, and Horst Kreissler

Patrick GannonCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario

Taylor RansomCounsel
2 appearances

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

Caroline CohenCounsel
1 appearance

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

Sandra NishikawaCounsel
1 appearance

for herself

Ewa GulbinowiczSelf-represented
1 appearance

for Labourers’ Workers Union, LIUNA, Local 183

Tracey HenryCounsel
1 appearance

for Loop

Mr. GeigerCounsel
1 appearance

for Mano Sachithananthan

Mano SachithananthanSelf-represented
1 appearance

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

Alex Van KralingenCounsel
1 appearance

for Ontario Public Service Employees Union

Hillary CookCounsel
1 appearance

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

Jerry RasoCounsel
1 appearance

for Securitas Canada Limited

Dan McDonaldCounsel
1 appearance

for Shohiduzzaman Chayan

Jordan RumanekAgent
1 appearance

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

Alex SolerAgent
1 appearance

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

Michelle HenryCounsel
1 appearance

for the Affected Parties

Allan McKitrickCounsel
1 appearance
Ansuya PachaiCounsel
1 appearance

for the Affected Party

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

for the Affected Party, Toronto Police Service Board

Ansuya PachaiCounsel
1 appearance

for the applicant

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

for the Applicant

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

for the Applicants

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

for the College of Nurses of Ontario

Katharine MontpetitCounsel
3 appearances
Raj AnandCounsel
3 appearances

for the Former Respondent

Brent ForemanCounsel
1 appearance

for the Interested Party

Peter HardingCounsel
1 appearance

for the Intervenor

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

for the Intervenor Canadian Auto Workers' Union - Canada

Lewis GottheilCounsel
1 appearance

for the Intervenor Canadian Civil Liberties Association

Sukanya PillayCounsel
1 appearance

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

Devin PaulCounsel
1 appearance

for the Intervenor Nishnawbe-Gamik Friendship Centre

Holly WalbourneCounsel
1 appearance

for the Intervenor Ontario Nurses Association

Kate HughesCounsel
1 appearance

for the Intervenor Vaughan Professional Firefighters Association

Cynthia PetersenCounsel
1 appearance

for the Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance

for the Pay Equity Office

Ayumi BaillyCounsel
1 appearance

for the Polish Mutual Benefit Society

Mark MikulasikCounsel
1 appearance

for the Proposed Respondent

Cindy CohenCounsel
1 appearance

for the Proposed Respondent Alan Jackson

William R. CounterCounsel
1 appearance

for the Proposed Respondent, Nishnawbe-Gamik Friendship Centre

Holly WalbourneCounsel
1 appearance

for the Proposed Respondents Rick Hampton and Dina Hampton

Stephen PanzerCounsel
1 appearance

for the respondent

Carolyn KayCounsel
1 appearance

for the Respondent

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

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

Rod GoodallAgent
1 appearance

for the Respondent Acclaim Ability Management Inc.

Thomas GorskyCounsel
1 appearance

for the Respondent Amalgamated Transit Union 1624

Lisa FinebergCounsel
1 appearance

for the Respondent Bruce Lewis

Lawrence CrackowerCounsel
1 appearance

for the Respondent Canadian Union of Public Employees, Local 2713

Paul O’RyanCounsel
1 appearance

for the Respondent Canadian Union of Public Employees, Local 32

Paul O’RyanCounsel
1 appearance

for the Respondent Canadian Union of Public Employees, Local 79

Douglas WrayCounsel
1 appearance

for the Respondent CFJ Nuclear Contractors Ltd.

Richard CharneyCounsel
1 appearance
Daniel McDonaldCounsel
1 appearance

for the Respondent Children and Family Services for York Region

Amelia DaurioCounsel
1 appearance

for the Respondent Children's Aid Society of Ottawa

Carole JenkinsCounsel
1 appearance

for the Respondent C[...] Inc.

Gary BatasarCounsel
1 appearance

for the Respondent City of Sarnia

Steven WilsonCounsel
1 appearance

for the Respondent City of Toronto

Darraugh MeagherCounsel
1 appearance

for the Respondent College of Nurses of Ontario

Raj AnandCounsel
2 appearances
Katharine MontpetitCounsel
1 appearance

for the Respondent Days Inn Lundys Lane

Bradley TroupCounsel
1 appearance

for the Respondent Domenic Alonzi

Enio ZeppieriCounsel
1 appearance

for the Respondent Dr. Eric Spindler

Jennifer KatsunoCounsel
1 appearance

for the Respondent, Durham Children’s Aid Society

Vincent PanettaCounsel
1 appearance

for the Respondent FCA Canada Inc.

Christopher DunnCounsel
1 appearance

for the Respondent Garda World Cash Services Canada Corporation

Mathieu DuceppeCounsel
1 appearance

for the Respondent Greater Essex County District School Board

Sheila MacKinnonCounsel
1 appearance

for the Respondent Hamilton-Wentworth District School Board

Jane GoodingCounsel
1 appearance

for the Respondent Hamilton-Wentworth Elementary Teachers’ Local

Kate HughesCounsel
1 appearance

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

Rachel WeinerCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario

Taylor RansomCounsel
1 appearance

for the Respondent Humber River Regional Hospital

Carolyn Cornford GreavesCounsel
1 appearance

for the Respondent International Brotherhood of Electrical Workers, Local 636

Craig FloodCounsel
1 appearance

for the Respondent Kapuskasing Ontario Provincial Police

Fatema DadaCounsel
1 appearance

for the Respondent Kenneth Alexander

Kenneth AlexanderSelf-represented
1 appearance

for the Respondent Kevin Fox

Kevin FoxSelf-represented
1 appearance

for the Respondent King Township

M. David RossCounsel
1 appearance

for the Respondent Leslie Perrin

Leslie PerrinSelf-represented
1 appearance

for the Respondent Manny Cardosa

James StewartCounsel
1 appearance

for the Respondent Manulife Financial

Sophia ZaidiCounsel
1 appearance

for the Respondent, Middlesex-London Emergency Medical Services Authority

Stephanie JeronimoCounsel
1 appearance
John SaundersCounsel
1 appearance

for the Respondent Millwright Regional Council of Ontario, Local 1592

Meg AtkinsonCounsel
2 appearances

for the Respondent Mohammad Reza Nikkhou

Jennifer KatsunoCounsel
1 appearance

for the Respondent North Eastern Ontario Family and Child Services

Justin EllertCounsel
1 appearance

for the Respondent Ontario Nurses Association

Colin JohnstonCounsel
1 appearance

for the Respondent Ontario Soccer Association

Jessica DiFedericoCounsel
1 appearance

for the Respondent Ontario Universities’ Application Centre

Donald KiddCounsel
1 appearance

for the Respondent Paul Armstrong

Glenn ChristieCounsel
1 appearance

for the Respondent Ralph Johnson

Jordan LesterCounsel
1 appearance

for the Respondent, Ralph Johnson

Jordan LesterCounsel
1 appearance

for the Respondent(s)

Carolyn Cornford GreavesCounsel
1 appearance
Daniel HuffakerCounsel
1 appearance

for the Respondents

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

for the Respondents and Proposed Respondents

Christopher SinalCounsel
1 appearance

for the Respondents Bram Samaroo and Ryan Pitcher

Christopher McClellandCounsel
1 appearance

for the Respondent Securitas Canada Limited

Daniel McDonaldCounsel
2 appearances

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

Christine DaviesCounsel
1 appearance

for the Respondent Service Employees International Union Local 1 Canada

Helen NowakCounsel
1 appearance
Ken EvettUnion representative
1 appearance

for the Respondent Slovenian Linden Foundation

Jacinthe BoudreauCounsel
2 appearances

for the Respondent SM Medical Centre

Nadia MarottaCounsel
1 appearance

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

Roy FilionCounsel
1 appearance

for the Respondent Susan Wall

Wade PoziomkaCounsel
1 appearance

for the Respondents William Osler Heath System and Laura Albisu

Christopher ParkesCounsel
1 appearance

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

Allison TaylorCounsel
1 appearance

for the Respondent Teamsters Union Local 419

Michael HancockCounsel
1 appearance

for the Respondent Teamsters Union, Local 419

Michael HancockCounsel
1 appearance

for the Respondent Teston Pipeline Limited

Michael HandlerCounsel
1 appearance

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

Fred FisherCounsel
1 appearance

for the Respondent The College of Physicians and Surgeons of Ontario

Monica TessierCounsel
1 appearance
Michelle GibbsCounsel
1 appearance

for the Respondent The Corporation of the City of Brantford

Heidi de VriesCounsel
1 appearance

for the Respondent The Corporation of the City of Cambridge

Steve MathesonCounsel
1 appearance

for the Respondent The Corporation of the City of Thunder Bay

Andrew ZabrovskyCounsel
1 appearance

for the Respondent The Corporation of the City of Vaughan

Nancy SalernoCounsel
1 appearance

for the Respondent The Law Society of Upper Canada

Andrea GonsalvesCounsel
1 appearance

for the Respondent The Ottawa Hospital

Jacquie DagherCounsel
1 appearance

for the Respondent The Ottawa Police Service

David PatacairkCounsel
1 appearance

for the Respondent The Regional Municipality of Waterloo Police Services Board

Donald JarvisCounsel
1 appearance

for the Respondent Timmins and District Hospital

Jodi RussellAgent
1 appearance

for the Respondent Timmins Police Services

Elizabeth MontpetitCounsel
1 appearance

for the Respondent Toyota Motor Manufacturing Canada Inc.

Ted KovacsCounsel
2 appearances

for the Respondent Trentway Wager / Coach Canada

Craig LawrenceCounsel
1 appearance

for the Respondent United Steelworkers of America, Local 9597

Shaheen HiraniCounsel
1 appearance

for the Respondent University of Ontario Institute of Technology

Cheryl FoyCounsel
1 appearance

for the Respondent University of Windsor

David AmyotCounsel
1 appearance

for the Respondent Victorian Order of Nurses

Sarah CrossleyCounsel
1 appearance

for the Respondent Workplace Safety and Insurance Board

Agnes WintersingerCounsel
1 appearance

for the Respondent, York Police Services Board

Stephen MaioCounsel
1 appearance

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

Paul MatthewsCounsel
1 appearance

for The Town of Parry Sound

Charles LoopstraCounsel
1 appearance

for the Workplace Safety and Insurance Board

Gurjit BrarCounsel
1 appearance

for Total Security Management

David McKechnieCounsel
1 appearance

for Unicco Facility Services Canada Company

Melanie McNaughtCounsel
1 appearance

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

Niki LundquistCounsel
1 appearance

Next Friend for Madison Reece

Rachel ChetwynAgent
1 appearance

Representative

Shaun CrymbleAgent
1 appearance

Representative for the Respondents

Judit SchonwaldAgent
1 appearance

Representative for Xiaorui Sun

Qizhi JiaoAgent
1 appearance

Respondent

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

Respondents

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

Self-represented

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

667

Decisions

Years active

Tribunals

3.8

cases/mo

HRTO663(99%)

OPEHT4(1%)

Decision types

motion

611

trial

/Adjudicator

Douglas Sanderson — Vice-Chair

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Indigenous Legal Issues

Family and Matrimonial Law

Health Law

Douglas Sanderson

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

OPEHT HRTO

667

cases · 15 yrs · HRTO, OPEHT

Trial

Motion

Costs

Appeal

Sentencing

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

Douglas Sanderson

Human rights application dismissed as abandoned after parties failed to file settlement confirmation form.

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

The parties participated in mediation and reached a settlement, but failed to file the required Settlement Form (Form 25) within the specified timeframe.

The Tribunal directed the parties to file the form or confirm their intention to proceed, warning that failure to do so could result in the application being deemed abandoned.

Having received no response, the Tribunal deemed the application abandoned and dismissed it.

Stephen Kadolph v. SAP Canada Inc., 2016 HRTO 1125

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 with respect to goods, services, and facilities because of disability.

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

Consequently, the Tribunal dismissed the application as abandoned.

Fuller v. St. Joseph’s Hospital, 2016 HRTO 1124

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 based on reprisal.

The Tribunal issued a Notice of Intent to Dismiss because the application failed to identify specific acts of discrimination or explain how the alleged reprisal related to Code rights.

The applicant failed to respond to the Notice.

The Tribunal dismissed the application as abandoned.

Fuller v. North Bay Police Services, 2016 HRTO 1123

Douglas Sanderson

Human rights application against OIPRD dismissed as abandoned after applicant failed to respond to NOID.

The Tribunal issued a Notice of Intent to Dismiss regarding the OIPRD on the basis of adjudicative immunity.

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

The Tribunal dismissed the application against the OIPRD as abandoned and directed the Registrar to serve the application on the Ottawa Police Service.

Maan Ali v. Ottawa Police Service and Office of the Independent Police Review Director, 2016 HRTO 1118

Douglas Sanderson

Practising Law - Employed113 cases1994–2025

Application dismissed; Tribunal lacks jurisdiction over discrimination claims based on unpardoned federal criminal records.

The applicant filed an application alleging discrimination in employment on the basis of record of offences after the respondent withdrew a job offer due to his criminal record.

The Tribunal issued a Notice of Intent to Dismiss because the applicant's federal criminal record was unpardoned.

The applicant conceded he had not received a pardon but argued the respondent's actions were inconsistent with its policies.

Andrey Wolkowski v. Liquor Control Board of Ontario, 2016 HRTO 1117

Caroline Cohen

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioAug 16, 2016

Human rights application deferred pending completion of concurrent grievance proceedings raising the same issues.

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

The Tribunal found substantial overlap between the application and the grievances and deferred the application pending the completion of the grievance process, in accordance with its usual practice.

Graham v. Ontario (Attorney General), 2016 HRTO 1095

Ansuya Pachai

32 cases2000–2018

Douglas Sanderson

Tribunal orders production of relevant emails and typed police notes but denies requests for explanations.

The Tribunal ordered the respondents to produce arguably relevant e-mail messages and ordered the police board to provide a typed transcript of a detective's handwritten notes.

The Tribunal denied the applicant's requests for explanations, noting that pre-hearing procedures do not require parties to answer questions or provide explanations in advance of a hearing.

Amazan v. Toronto Catholic District School Board, 2016 HRTO 971

Nikita Rathwell

9 cases2016–2026

Douglas Sanderson

Not Practising Law9 cases2013–2016

Applicant permitted to amend human rights application to add a claim for monetary compensation.

The applicant filed a Request for an Order During Proceedings to amend his human rights application to include a request for monetary compensation of $135,500.

The respondent opposed the request, arguing the financial losses had no connection to the alleged discrimination.

Ammar Shahzad v. Surendar Jhita, 2016 HRTO 969

Jennifer Katsuno

Douglas Sanderson

Request to reactivate deferred human rights application denied as parallel FSCO proceedings remain incomplete.

The applicant requested to reactivate her human rights application, which had been deferred pending the conclusion of proceedings before the Financial Services Commission of Ontario (FSCO).

She argued that proceedings before two medical colleges had concluded.

The Tribunal denied the request, noting that the application was deferred pending the FSCO proceeding, not the college proceedings, and there was no indication that the FSCO proceeding was complete.

Mustari v. Coseco Insurance Company, 2016 HRTO 965

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 21, 2016

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

The applicant filed an application alleging discrimination with respect to goods, services, and contracts based on disability.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application failed to identify specific acts of discrimination or allege an infringement of the applicant's rights.

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

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

Lance Tyszka v. Credit Control Central and Don Vence, 2016 HRTO 959

Nadya Tymochenko

In Private Practice31 cases2000–2025

Laura McKeen

1 case2016–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 20, 2016

Interim remedy to allow Autism Service Dog at school denied as balance of convenience favoured respondent.

The Tribunal found that while the application had merit, the balance of convenience did not favour granting the interim remedy.

The request for an interim remedy was denied.

JF v. Waterloo Catholic District School Board, 2016 HRTO 953

David Milner

22 cases1991–2026

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 20, 2016

Application dismissed for lack of jurisdiction as the impugned regulation explicitly applies despite the Human Rights Code.

The applicant, a 67-year-old commercial driver, alleged age discrimination after being required to undergo a driver's examination following a speeding ticket, pursuant to O. Reg. 340/94.

The respondent raised a jurisdictional objection, arguing that section 19 of the regulation explicitly states it applies despite the Human Rights Code.

The Tribunal agreed, finding that under section 47(2) of the Code, it lacked jurisdiction to address whether the regulation violated the Code or the Charter.

The application was dismissed.

May v. Ontario (Transportation), 2016 HRTO 951

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 14, 2016

Reconsideration request dismissed; applicant failed to show compelling circumstances for missing the hearing.

The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application as abandoned after he failed to attend the hearing.

The applicant argued he missed the hearing due to new employment training.

Golbahar v. Technical Standards and Safety Authority, 2016 HRTO 928

Madeleine Loewenberg

In Private Practice9 cases2008–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJul 8, 2016

Age discrimination application dismissed; termination was due to corporate restructuring and performance issues.

The applicant alleged discrimination in employment on the basis of age after his employment was terminated at age 46.

He claimed his performance ratings dropped and he was placed on a Performance Improvement Plan (PIP) after a vice president learned his age.

The Tribunal found that the vice president had no role in managing the applicant's performance or the decision to terminate him.

The respondent provided non-discriminatory reasons for the termination, specifically a reduction in headcount and the applicant's average performance.

The application was dismissed.

Wenfeng Lan v. Huawei Technologies Canada Co. Ltd., 2016 HRTO 901

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 with respect to employment because of disability and age against the Workplace Safety and Insurance Board.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be outside its jurisdiction.

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

Consequently, the Tribunal dismissed the application as abandoned.

Victor Odjick v. Workplace Safety and Insurance Board, 2016 HRTO 869

Douglas Sanderson

Practising Law - Employed27 cases2007–2023

Human rights application allowed to proceed despite late filing due to representative's failure to meet deadline.

The applicant filed an application alleging discrimination in employment based on gender identity, slightly more than one year after his termination.

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

The applicant submitted that he had paid a former paralegal to file the application on time, but the representative failed to do so.

The Tribunal found it was not plain and obvious that there was no good faith explanation for the delay and ordered the application to proceed.

Wilson v. West Park Healthcare Centre, 2016 HRTO 864

Megan Evans Maxwell

Andre Nowakowski

5 cases2011–2016

Adrienne Liang

Practising Law - Employed16 cases2008–2016

Douglas Sanderson

Termination allegations dismissed under s. 45.1 due to prior OLRB decision; remaining discrimination allegations proceed.

The applicant filed a human rights application alleging discrimination and reprisal in employment based on race, place of origin, and ethnic origin.

Gholipour v. Saint Elizabeth Health Care, 2016 HRTO 830

Douglas Sanderson

Practising Law - Employed10 cases2015–2020

Request for reconsideration dismissed as applicant failed to establish lack of notice.

The applicant requested reconsideration of a Tribunal decision that dismissed his human rights application for abandonment.

The application had been dismissed after the applicant failed to respond to a Case Assessment Direction requiring pre-hearing disclosure.

The applicant argued he did not receive notice of the hearing or a Notice of Intent to Dismiss.

The Tribunal found that the applicant had received the Notice of Hearing and the Case Assessment Direction via his provided email address, and was aware of the hearing date.

Finding no compelling or extraordinary circumstances, the Tribunal dismissed the request for reconsideration.

Wayne Ferron v. 1580684 Ontario Inc. cob Tim Horton's Restaurant #2491, 2016 HRTO 829

Brent Craswell

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMay 26, 2016

Application for contravention of settlement dismissed; 13-day delay in payment was a de minimis breach.

The applicant filed an Application for Contravention of Settlement alleging the respondent failed to pay a $9,000 settlement installment on time.

The respondent acknowledged the payment was late due to insufficient funds but paid it 13 days after the deadline.

The Tribunal found that while the late payment constituted a breach of the settlement, it was a minor delay.

The application was dismissed.

Caroline Inman v. Seniors on Site, 2016 HRTO 723

Tina Earl

Practising Law - Employed7 cases2014–2016

Douglas Sanderson