Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 9, 2016

Respondent ordered to produce pay records of applicant's replacement for wage loss calculation purposes.

The applicant in a human rights proceeding alleging discrimination based on disability sought an order for the production of pay statements and time sheets of the employee who allegedly replaced him.

The applicant argued these documents were necessary to confirm the respondent's calculations and determine his wage loss.

The Tribunal found the requested documents were arguably relevant to the issue of wage loss and ordered the respondent to produce them, reminding the parties that documents obtained through disclosure may only be used for the proceeding.

William Watson v. Culligan Water Conditioning (Barrie) Ltd., 2016 HRTO 312

Douglas Sanderson

Tribunal grants request to anonymize decisions to protect identity of children involved in protection proceedings.

The applicant requested an order anonymizing all decisions in this human rights application to protect the identity of her children, who were the subject of related child protection proceedings.

The respondents did not oppose the request.

The Tribunal granted the request pursuant to section 45(8) of the Child and Family Services Act, ordering that the applicant be referred to by her initials in all past and future decisions.

A.T. v. Children’s Aid Society of Ottawa and Children and Family Services for York Region, 2016 HRTO 307

Douglas Sanderson

In Private Practice10 cases2009–2021

Request to reactivate deferred human rights application denied as related labour arbitration had not concluded.

The applicant filed a request to reactivate her human rights application, which had previously been deferred pending the conclusion of a related grievance-arbitration proceeding.

The applicant provided no information indicating that the labour arbitration had concluded.

The Tribunal denied the request to reactivate, finding that continued deferral remained appropriate.

The Tribunal also declined to provide guidance on various other employment issues raised by the applicant, noting they were outside its jurisdiction.

Passarelli v. Hamilton-Wentworth Catholic District School Board, 2016 HRTO 305

Rich Appiah

Douglas Sanderson

Human rights application dismissed; landlord's pursuit of rent arrears at LTB is not discriminatory.

The applicant, a tenant with a mental health disability, alleged that his landlord discriminated against him by repeatedly filing deficient applications to the Landlord and Tenant Board for rent arrears.

The applicant claimed the landlord knew the LTB proceedings negatively affected his mental health and had a duty to accommodate him by not filing the applications.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.

The Tribunal noted that the requirement to pay rent and the landlord's right to enforce it at the LTB are not discriminatory, and the duty to accommodate does not require a landlord to refrain from pursuing legal remedies for rent arrears.

Joe Clark v. Queen Leslie Realty Ltd., 2016 HRTO 297

Application against disability insurer dismissed summarily; untimely allegations against employer dismissed for delay.

The applicant, a Transit Operator, filed a human rights application alleging discrimination on the basis of disability regarding his short-term disability benefits and return to work plan.

The Tribunal held a summary hearing to address preliminary issues.

The Tribunal dismissed the application against the insurer, Manulife, finding no reasonable prospect of success as there was no evidence connecting its claims management to the applicant's disability, and the employer bears the duty to accommodate.

The Tribunal also dismissed several allegations against the employer for delay, finding they did not form a series of incidents with timely allegations and the applicant failed to provide medical evidence justifying the delay.

The Tribunal granted the applicant's request to amend the application in part and resolved outstanding document production requests.

Campbell v. Thunder Bay (City), 2016 HRTO 296

Douglas Sanderson

Human rights application dismissed as abandoned after applicant failed to file required hearing materials.

The applicant filed an application alleging discrimination with respect to goods, services and facilities.

The Tribunal directed the applicant to file hearing materials by a specified date, warning that failure to do so could result in the application being dismissed as abandoned.

The applicant failed to file the required materials or contact the Tribunal.

Consequently, the Tribunal dismissed the application as abandoned and cancelled the scheduled hearing.

Ferron v. 1580684 Ontario Inc., 2016 HRTO 291

Meaghen Russell

3 cases2015–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 2, 2016

Human rights application dismissed at summary hearing due to lack of non-hearsay evidence linking treatment to ethnicity.

The applicant, a sales representative, alleged discrimination in employment based on ethnic origin, claiming a senior representative referred to her as 'that Chinese girl' and that she received inadequate supplies and support.

Following the applicant's evidence at a summary hearing, the respondent requested the application be dismissed.

The Tribunal found the only evidence linking the alleged adverse treatment to the applicant's ethnic origin was hearsay, to which it attached no weight.

Concluding the application had no reasonable prospect of success, the Tribunal dismissed the application.

Lampitoc v. Actv8 Marketing Inc., 2016 HRTO 277

Greg Bullen

50 cases2009–2019

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 25, 2016

Applicant's request for extensive disclosure of personnel files and bank statements denied as irrelevant.

The applicant filed a human rights application alleging sexual harassment and reprisal by the respondents.

Prior to the hearing, the applicant requested extensive disclosure, including personnel files, bank statements, and candidate resumes from the organizational respondent, as well as an investigation into potential Charter violations.

The Tribunal denied the request, finding that the requested documents had no arguable relevance to the allegations and that the Tribunal lacks jurisdiction to conduct investigations.

The applicant was ordered to comply with pre-hearing disclosure obligations.

Armstrong v. Workplace Safety and Insurance Board, 2016 HRTO 256

Douglas Sanderson

Reconsideration request dismissed as applicant failed to connect alleged unfair treatment to Code grounds.

The applicant requested reconsideration of a previous Tribunal decision that dismissed her human rights application for being outside the Tribunal's jurisdiction.

The applicant alleged that the respondent treated her unfairly and conspired to have her evicted, but failed to connect this treatment to any prohibited ground under the Human Rights Code.

The Tribunal found that the applicant did not demonstrate how the previous decision conflicted with established jurisprudence or involved a matter of public importance, nor did she establish other factors outweighing the public interest in finality.

The request for reconsideration was dismissed.

Katherine Lin v. Shenglan Yong, 2016 HRTO 241

Douglas Sanderson

Not Practising Law9 cases2013–2016

Reconsideration request dismissed; applicant failed to establish reasonable apprehension of bias or new determinative facts.

The applicant requested reconsideration of a Tribunal decision dismissing her application alleging sex discrimination and sexual harassment in employment.

She alleged the decision was biased and drafted on the recommendation of a third party involved in her family law dispute.

The Tribunal found no reasonable apprehension of bias, noting the applicant provided no basis for the bald assertion.

The Tribunal also held that reconsideration is not an appeal to evaluate alleged errors, and the applicant failed to show how her new factual allegations could be determinative or could not have been obtained earlier.

The request for reconsideration was dismissed.

Arora v. A-1 Bags & Supplies Inc., 2016 HRTO 237

Jennifer Katsuno

Jacquie Dagher

In Private Practice16 cases2015–2018

David Patacairk

Practising Law - Employed51 cases2009–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 23, 2016

Human rights application dismissed for delay as applicant failed to provide a good faith explanation.

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

The incidents in question occurred more than one year prior to the filing of the application.

The Tribunal held a summary hearing to determine whether the application should be dismissed for delay.

The applicant argued that an unnamed Tribunal employee had advised her that her application was timely.

The Tribunal found this explanation insufficient to establish a good faith reason for the delay, noting that Tribunal staff do not provide legal advice.

The application was dismissed for delay.

Michèle Grignon v. The Ottawa Hospital, Dr. Eric Spindler and The Ottawa Police Service, 2016 HRTO 231

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 22, 2016

Tribunal orders respondent to pay outstanding settlement funds with interest after breach of minutes of settlement.

The applicant filed an application alleging the respondent breached minutes of settlement by failing to pay $4,000.00.

The respondent claimed it had ceased operations and had no assets.

The Tribunal found that the respondent breached the settlement and ordered it to immediately pay the settlement funds along with pre-judgment and post-judgment interest, declining the applicant's request to seize assets.

Jose Fuentes v. 1860335 Ontario Inc. o/a Century Fitness Gym, 2016 HRTO 226

Terri Semanyk

1 case2016–2016

Seann McAleese

9 cases1999–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 19, 2016

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

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

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

The applicant argued he signed the release without reading it on the advice of a paralegal and attempted to rescind it the next day.

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

The Tribunal concluded that allowing the application to proceed despite the executed release would amount to an abuse of process and dismissed the application.

Fragiskos v. Mutual Insurance Company, 2016 HRTO 217

Zain Naqi

In Private Practice33 cases2016–2026

Wade Poziomka

55 cases2011–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 10, 2016

Adjournment request denied despite parties' consent; late retainer and outstanding disclosure do not constitute extraordinary circumstances.

The applicant requested an adjournment of the hearing, citing late receipt of his file from former counsel and outstanding document disclosure from the respondent.

The respondent consented to the adjournment, noting it also required outstanding medical disclosure from the applicant to obtain an expert report.

The Tribunal denied the adjournment request, finding that the late retainer of counsel and outstanding disclosure did not constitute extraordinary circumstances under the Tribunal's Practice Direction.

The Tribunal ordered the parties to comply with disclosure rules and directed the respondent to disclose documents related to its review of alternative positions.

Stewart v. Ingenia Polymers Corp., 2016 HRTO 192

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 9, 2016

Motion for physician to testify electronically granted where respondents failed to demonstrate prejudice.

The applicant in a human rights proceeding requested an order permitting his physician to testify electronically.

The physician was located approximately 400 kilometres from the hearing location and had hospital commitments.

The respondents did not oppose the request.

The Tribunal granted the request, noting its power to conduct electronic hearings under the Statutory Powers Procedure Act and the lack of any demonstrated prejudice to the respondents.

Bouchard v. 1894773 Ontario Inc., 2016 HRTO 183

Marisa Scotto di Luzio

14 cases2013–2025

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 26, 2016

Interim order granted allowing applicant to amend pleadings to add reprisal and permitting physicians to testify electronically.

The applicant requested an interim order to amend her human rights application to include the ground of reprisal and to allow her physicians to testify by teleconference.

The respondent did not reply to the request.

The Tribunal granted the amendment, finding it was based on facts already pleaded and caused no prejudice.

The Tribunal also permitted the physicians to testify by video conference or teleconference, noting the respondent failed to show any significant prejudice.

Campbell v. Levy Law Professional Corporation, 2016 HRTO 121

Christopher McClelland

In Private Practice26 cases2009–2025

Cheryl Foy

Not Practising Law - Employed3 cases2014–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 25, 2016

Requests to add new factual allegations and defer human rights hearing denied due to late stage of proceedings.

The applicant in a human rights proceeding sought to amend his Application to include new factual allegations and remedies, and to defer the hearing pending the outcome of a civil action.

The Tribunal denied the request to add new factual allegations, finding it would prejudice the respondents given the late stage of the proceeding.

The request for certain new remedies was also denied, though the balance of the remedial amendments was permitted.

The Tribunal denied the request to defer, noting the Application was scheduled for hearing within days while the civil action was only at the pleadings stage.

Changhyun Park v. University of Ontario Institute of Technology, 2016 HRTO 116

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 21, 2016

Human rights application dismissed as abandoned after applicant failed to file required hearing materials.

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

The Tribunal directed the parties to file hearing materials by a specified date.

The applicant failed to file any documents or contact the Tribunal despite being warned that the application could be dismissed as abandoned.

Consequently, the Tribunal dismissed the application as abandoned and cancelled the scheduled hearing.

Garnham v. Cree-Aski Service, 2016 HRTO 102

Brendon Pooran

In Private Practice1 case2016–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 19, 2016

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

The applicant filed an application alleging discrimination with respect to goods, services, and facilities because of disability.

A summary hearing was scheduled to determine if the application had no reasonable prospect of success.

The applicant failed to attend the hearing despite receiving notice.

Consequently, the Tribunal dismissed the application as abandoned.

Hyun Whan Kim v. York Support Services Network, 2016 HRTO 83

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 18, 2016

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

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

The respondent requested that the application be dismissed because the applicant had signed a full and final release.

The Tribunal issued a Notice of Request to Dismiss, directing the applicant to file written submissions.

The applicant failed to respond to the Notice and a subsequent reminder.

Consequently, the Tribunal dismissed the application as abandoned.

Kiafar v. Tyco Safety and Security Products Ltd., 2016 HRTO 72

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

Joseph Tascona

9 cases1990–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 9, 2016

Respondent ordered to produce pay records of applicant's replacement for wage loss calculation purposes.

The applicant in a human rights proceeding alleging discrimination based on disability sought an order for the production of pay statements and time sheets of the employee who allegedly replaced him.

The applicant argued these documents were necessary to confirm the respondent's calculations and determine his wage loss.

William Watson v. Culligan Water Conditioning (Barrie) Ltd., 2016 HRTO 312

Douglas Sanderson

Tribunal grants request to anonymize decisions to protect identity of children involved in protection proceedings.

The applicant requested an order anonymizing all decisions in this human rights application to protect the identity of her children, who were the subject of related child protection proceedings.

The respondents did not oppose the request.

The Tribunal granted the request pursuant to section 45(8) of the Child and Family Services Act, ordering that the applicant be referred to by her initials in all past and future decisions.

A.T. v. Children’s Aid Society of Ottawa and Children and Family Services for York Region, 2016 HRTO 307

Douglas Sanderson

In Private Practice10 cases2009–2021

Request to reactivate deferred human rights application denied as related labour arbitration had not concluded.

The applicant filed a request to reactivate her human rights application, which had previously been deferred pending the conclusion of a related grievance-arbitration proceeding.

The applicant provided no information indicating that the labour arbitration had concluded.

The Tribunal denied the request to reactivate, finding that continued deferral remained appropriate.

The Tribunal also declined to provide guidance on various other employment issues raised by the applicant, noting they were outside its jurisdiction.

Passarelli v. Hamilton-Wentworth Catholic District School Board, 2016 HRTO 305

Rich Appiah

Douglas Sanderson

Practising Law - Employed15 cases2011–2026

Human rights application dismissed; landlord's pursuit of rent arrears at LTB is not discriminatory.

The applicant claimed the landlord knew the LTB proceedings negatively affected his mental health and had a duty to accommodate him by not filing the applications.

The Tribunal held a summary hearing and dismissed the application, finding no reasonable prospect of success.

Joe Clark v. Queen Leslie Realty Ltd., 2016 HRTO 297

Sophia Zaidi

Andrew Zabrovsky

34 cases2010–2025

Douglas Sanderson

Application against disability insurer dismissed summarily; untimely allegations against employer dismissed for delay.

The applicant, a Transit Operator, filed a human rights application alleging discrimination on the basis of disability regarding his short-term disability benefits and return to work plan.

The Tribunal held a summary hearing to address preliminary issues.

The Tribunal granted the applicant's request to amend the application in part and resolved outstanding document production requests.

Campbell v. Thunder Bay (City), 2016 HRTO 296

Douglas Sanderson

Human rights application dismissed as abandoned after applicant failed to file required hearing materials.

The applicant filed an application alleging discrimination with respect to goods, services and facilities.

The Tribunal directed the applicant to file hearing materials by a specified date, warning that failure to do so could result in the application being dismissed as abandoned.

The applicant failed to file the required materials or contact the Tribunal.

Consequently, the Tribunal dismissed the application as abandoned and cancelled the scheduled hearing.

Ferron v. 1580684 Ontario Inc., 2016 HRTO 291

Meaghen Russell

3 cases2015–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioMar 2, 2016

Human rights application dismissed at summary hearing due to lack of non-hearsay evidence linking treatment to ethnicity.

Following the applicant's evidence at a summary hearing, the respondent requested the application be dismissed.

The Tribunal found the only evidence linking the alleged adverse treatment to the applicant's ethnic origin was hearsay, to which it attached no weight.

Concluding the application had no reasonable prospect of success, the Tribunal dismissed the application.

Lampitoc v. Actv8 Marketing Inc., 2016 HRTO 277

Greg Bullen

50 cases2009–2019

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 25, 2016

Applicant's request for extensive disclosure of personnel files and bank statements denied as irrelevant.

The applicant filed a human rights application alleging sexual harassment and reprisal by the respondents.

The Tribunal denied the request, finding that the requested documents had no arguable relevance to the allegations and that the Tribunal lacks jurisdiction to conduct investigations.

The applicant was ordered to comply with pre-hearing disclosure obligations.

Armstrong v. Workplace Safety and Insurance Board, 2016 HRTO 256

Douglas Sanderson

Reconsideration request dismissed as applicant failed to connect alleged unfair treatment to Code grounds.

The applicant requested reconsideration of a previous Tribunal decision that dismissed her human rights application for being outside the Tribunal's jurisdiction.

The applicant alleged that the respondent treated her unfairly and conspired to have her evicted, but failed to connect this treatment to any prohibited ground under the Human Rights Code.

The request for reconsideration was dismissed.

Katherine Lin v. Shenglan Yong, 2016 HRTO 241

Douglas Sanderson

Not Practising Law9 cases2013–2016

Reconsideration request dismissed; applicant failed to establish reasonable apprehension of bias or new determinative facts.

The applicant requested reconsideration of a Tribunal decision dismissing her application alleging sex discrimination and sexual harassment in employment.

She alleged the decision was biased and drafted on the recommendation of a third party involved in her family law dispute.

The Tribunal found no reasonable apprehension of bias, noting the applicant provided no basis for the bald assertion.

The request for reconsideration was dismissed.

Arora v. A-1 Bags & Supplies Inc., 2016 HRTO 237

Jennifer Katsuno

Jacquie Dagher

In Private Practice16 cases2015–2018

David Patacairk

Practising Law - Employed51 cases2009–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 23, 2016

Human rights application dismissed for delay as applicant failed to provide a good faith explanation.

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

The incidents in question occurred more than one year prior to the filing of the application.

The Tribunal held a summary hearing to determine whether the application should be dismissed for delay.

The applicant argued that an unnamed Tribunal employee had advised her that her application was timely.

The Tribunal found this explanation insufficient to establish a good faith reason for the delay, noting that Tribunal staff do not provide legal advice.

The application was dismissed for delay.

Michèle Grignon v. The Ottawa Hospital, Dr. Eric Spindler and The Ottawa Police Service, 2016 HRTO 231

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 22, 2016

Tribunal orders respondent to pay outstanding settlement funds with interest after breach of minutes of settlement.

The applicant filed an application alleging the respondent breached minutes of settlement by failing to pay $4,000.00.

The respondent claimed it had ceased operations and had no assets.

Jose Fuentes v. 1860335 Ontario Inc. o/a Century Fitness Gym, 2016 HRTO 226

Terri Semanyk

1 case2016–2016

Seann McAleese

9 cases1999–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 19, 2016

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

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

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

The applicant argued he signed the release without reading it on the advice of a paralegal and attempted to rescind it the next day.

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

The Tribunal concluded that allowing the application to proceed despite the executed release would amount to an abuse of process and dismissed the application.

Fragiskos v. Mutual Insurance Company, 2016 HRTO 217

Zain Naqi

In Private Practice33 cases2016–2026

Wade Poziomka

55 cases2011–2017

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 10, 2016

Adjournment request denied despite parties' consent; late retainer and outstanding disclosure do not constitute extraordinary circumstances.

The applicant requested an adjournment of the hearing, citing late receipt of his file from former counsel and outstanding document disclosure from the respondent.

The respondent consented to the adjournment, noting it also required outstanding medical disclosure from the applicant to obtain an expert report.

The Tribunal ordered the parties to comply with disclosure rules and directed the respondent to disclose documents related to its review of alternative positions.

Stewart v. Ingenia Polymers Corp., 2016 HRTO 192

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioFeb 9, 2016

Motion for physician to testify electronically granted where respondents failed to demonstrate prejudice.

The applicant in a human rights proceeding requested an order permitting his physician to testify electronically.

The physician was located approximately 400 kilometres from the hearing location and had hospital commitments.

The respondents did not oppose the request.

The Tribunal granted the request, noting its power to conduct electronic hearings under the Statutory Powers Procedure Act and the lack of any demonstrated prejudice to the respondents.

Bouchard v. 1894773 Ontario Inc., 2016 HRTO 183

Marisa Scotto di Luzio

14 cases2013–2025

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 26, 2016

Interim order granted allowing applicant to amend pleadings to add reprisal and permitting physicians to testify electronically.

The applicant requested an interim order to amend her human rights application to include the ground of reprisal and to allow her physicians to testify by teleconference.

The respondent did not reply to the request.

The Tribunal granted the amendment, finding it was based on facts already pleaded and caused no prejudice.

The Tribunal also permitted the physicians to testify by video conference or teleconference, noting the respondent failed to show any significant prejudice.

Campbell v. Levy Law Professional Corporation, 2016 HRTO 121

Christopher McClelland

In Private Practice26 cases2009–2025

Cheryl Foy

Not Practising Law - Employed3 cases2014–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 25, 2016

Requests to add new factual allegations and defer human rights hearing denied due to late stage of proceedings.

The applicant in a human rights proceeding sought to amend his Application to include new factual allegations and remedies, and to defer the hearing pending the outcome of a civil action.

The Tribunal denied the request to add new factual allegations, finding it would prejudice the respondents given the late stage of the proceeding.

The request for certain new remedies was also denied, though the balance of the remedial amendments was permitted.

The Tribunal denied the request to defer, noting the Application was scheduled for hearing within days while the civil action was only at the pleadings stage.

Changhyun Park v. University of Ontario Institute of Technology, 2016 HRTO 116

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 21, 2016

Human rights application dismissed as abandoned after applicant failed to file required hearing materials.

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

The Tribunal directed the parties to file hearing materials by a specified date.

The applicant failed to file any documents or contact the Tribunal despite being warned that the application could be dismissed as abandoned.

Consequently, the Tribunal dismissed the application as abandoned and cancelled the scheduled hearing.

Garnham v. Cree-Aski Service, 2016 HRTO 102

Brendon Pooran

In Private Practice1 case2016–2016

Douglas Sanderson

HRTOHuman Rights Tribunal of OntarioJan 19, 2016

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

The applicant filed an application alleging discrimination with respect to goods, services, and facilities because of disability.

A summary hearing was scheduled to determine if the application had no reasonable prospect of success.

The applicant failed to attend the hearing despite receiving notice.

Consequently, the Tribunal dismissed the application as abandoned.

Hyun Whan Kim v. York Support Services Network, 2016 HRTO 83

Douglas Sanderson