Jennifer Scott

Practising Law - Employed51 cases2009–2017

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

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

The corporate respondent filed for bankruptcy, and the application sent to the individual respondent was returned as moved/unknown.

The Tribunal directed the applicant to advise if he intended to seek a lifting of the bankruptcy stay and to provide a current address for the individual respondent, warning that failure to do so could result in the application being deemed abandoned.

The applicant failed to respond to the directions.

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

Matthew-David Hayes v. Priape Inc. and Laurence Heath, 2014 HRTO 618

David Patacairk

Jennifer Scott

Request to dismiss human rights application for lack of jurisdiction denied.

The respondents filed a Request for Order During Proceedings seeking to dismiss the application on the basis that it was outside the Tribunal's jurisdiction.

The applicant alleged discrimination with respect to employment because of reprisal and disability, claiming excessive monitoring by the personal respondent related to his sick leave.

The Tribunal found that it was not plain and obvious that the application was outside its jurisdiction and dismissed the respondents' request.

Hunt v. Ottawa (City), 2014 HRTO 596

Alix Herber

7 cases2010–2016

Jennifer Scott

HRTOHuman Rights Tribunal of OntarioApr 16, 2014

Adjournment request denied despite respondent's key witness being on extended parental leave.

The respondent requested an adjournment of the scheduled hearing because its human resources manager, a key witness, was on an extended pregnancy and parental leave.

The Tribunal denied the request, noting its policy against adjournments absent extraordinary circumstances.

The Tribunal found that adjourning the matter for almost a year was not fair, just, or expeditious, as another witness might be able to testify, the hearing could commence with the applicant's case, and the respondent could renew its request after the applicant's case closed.

Mares v. Checkwell Decision Corporation, 2014 HRTO 549

Gerald Griffiths

13 cases2012–2020

Jennifer Scott

HRTOHuman Rights Tribunal of OntarioApr 15, 2014

Adjournment granted due to exceptional circumstances of counsel's spouse expecting a child.

The respondent requested an adjournment of the scheduled hearing because his counsel's spouse was expected to give birth around the hearing date.

The applicant opposed the request because it was made outside the 14-day window and due to personal commitments.

The Tribunal granted the adjournment, finding that the impending birth constituted exceptional circumstances and noting that the delay would be short.

Jude Fernandez v. Vito Tomas, 2014 HRTO 541

Request for early production of documents denied as premature absent exceptional circumstances.

The applicant filed an application alleging discrimination in employment because of disability.

Prior to the issuance of a Notice of Hearing, the applicant filed a Request for an Order During Proceedings seeking early production of documents to refute the respondents' claim of accommodation.

The Tribunal denied the request as premature, finding the applicant failed to establish the exceptional circumstances necessary to justify early production under Rule 16.

The applicant was ordered to file his Reply, and the matter was scheduled for mediation.

Ken Rempel v. Pepsico Canada ULC and Frito Lay Canada, 2014 HRTO 530

Celia Chandler

4 cases2011–2014

Jennifer Scott

Tribunal waives 60-day deadline to reactivate deferred application due to applicant's medical hospitalization.

The applicant sought to reactivate her human rights application after it had been deferred pending a Superior Court proceeding.

She missed the 60-day deadline under Rule 14.4 to request reactivation following the conclusion of the civil proceeding.

The respondents sought to dismiss the application.

The Tribunal exercised its discretion to waive the strict application of the time limit, accepting the applicant's medical evidence that she was hospitalized and receiving treatment during the relevant period.

The application was reactivated.

Singh v. Rainbow Circle Co-operative Inc., 2014 HRTO 528

Jennifer Scott

Human rights application dismissed at preliminary stage for failing to plead facts supporting reprisal.

The applicant filed a human rights application alleging the respondent police service ignored a reported crime and interfered in his previous human rights applications.

The Tribunal issued a Notice of Intent to Dismiss because the application did not identify any specific acts of discrimination under the Code.

The applicant subsequently alleged reprisal.

The Tribunal dismissed the application at a preliminary stage under Rule 13, finding no facts connecting the respondent's alleged failure to act to the applicant's previous human rights applications, and therefore no jurisdiction over the complaint of general unfairness.

James LeClair v. Brockville Police Services, 2014 HRTO 521

Jennifer Scott

HRTOHuman Rights Tribunal of OntarioApr 10, 2014

Notice of Intent to Dismiss withdrawn as reprisal claim for gender-based harassment complaint fell within jurisdiction.

The applicant filed a human rights application alleging discrimination with respect to employment because of reprisal.

The Tribunal issued a Notice of Intent to Dismiss on the basis that the applicant failed to explain how the respondent's behaviour related to claiming or enforcing a right under the Code.

The applicant filed a revised application alleging she was terminated in reprisal for complaining about gender-based harassment by the General Manager.

The Tribunal found it was not plain and obvious that it lacked jurisdiction and ordered the application to be served on the respondent.

Dias v. Cineplex Inc., 2014 HRTO 505

Bruce Best

45 cases2008–2015

Jennifer Scott

Leave granted to amend human rights application to add a claim for reinstatement.

The applicant filed a Request for Order During Proceedings seeking leave to amend her human rights application to include a request for reinstatement.

The applicant, now represented by counsel, had originally drafted the application herself and omitted the claim.

The respondent did not object to the request.

Applying the factors from Aubin, the Tribunal found no prejudice to the respondent given the hearing was months away, and granted the amendment.

Pourasadi v. Bentley Leathers Inc., 2014 HRTO 502

Jennifer Scott

Tribunal declined to defer human rights application as issues did not overlap with ongoing ESA claim.

The applicant filed a human rights application alleging she was terminated from her employment because of her pregnancy.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of the applicant's ongoing Employment Standards Act (ESA) claim for a leave of absence and public holiday pay.

The respondent objected to the deferral.

The Tribunal found that the facts and issues in the human rights application (termination) did not overlap sufficiently with the ESA claim (leave of absence and holiday pay) to warrant deferral.

The Tribunal ordered that the application proceed and directed the respondent to file a full response.

Clarke v. Tiny Town Daycare Inc., 2014 HRTO 501

Jennifer Scott

Human rights application dismissed for lack of jurisdiction as the respondent is a federally-regulated employer.

The applicant filed an application alleging employment discrimination on the basis of disability against Federal Express Canada.

The Tribunal issued a Notice of Intent to Dismiss, noting the respondent appeared to be a federally-regulated business.

As the respondent operates interprovincially, it falls under federal jurisdiction pursuant to s. 92(10)(a) of the Constitution Act, 1867.

The Tribunal concluded it lacked jurisdiction over the matter and dismissed the application.

Tolstikov v. Federal Express Canada, 2014 HRTO 494

Jennifer Scott

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

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

The respondent requested deferral of the application pending the outcome of a related union grievance proceeding.

The Tribunal found substantial overlap between the facts and human rights issues in the application and the grievance.

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

Kimberly Boissoneault v. Deborah Piekarski, 2014 HRTO 493

Jennifer Scott

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

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

The Tribunal issued a notice of intent to defer the application because the facts were part of an ongoing union grievance proceeding.

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

Lamothe v. Extendicare Falconbridge, 2014 HRTO 488

Jennifer Scott

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

The applicant filed an application under the Human Rights Code more than one year after the last incident of discrimination.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be out of time and lacked facts showing good faith.

The applicant failed to respond to the Notice.

The Tribunal deemed the application abandoned and dismissed it.

Davis v. C & R Transmission Services Ltd., 2014 HRTO 485

Jennifer Scott

Licence Surrendered - Retired3 cases2000–2014

Request to add individual respondents and for early production denied; amendment to remedial claim allowed.

The applicant filed a Request for Order During Proceedings seeking to add four individual respondents, amend the remedial claim, and obtain early production of documents.

The Tribunal denied the request to add individual respondents, finding no compelling juridical reason to do so as the corporate respondent would be vicariously liable for their actions.

The Tribunal allowed the amendment to the remedial claim, finding no prejudice to the respondent.

The request for early production of documents was denied as premature.

Codrin v. Commissionaires Great Lakes, 2014 HRTO 483

Yola Grant

Andrew Zabrovsky

34 cases2010–2025

Aida Abraha

2 cases2014–2016

Jennifer Scott

Not Practising Law - Employed33 cases2005–2014

Human rights application partially dismissed for delay; recent allegation of discrimination allowed to proceed.

The applicant filed a human rights application alleging discrimination in her volunteer work based on disability, age, and reprisal.

The Tribunal held a summary hearing to determine if the application should be dismissed for having no reasonable prospect of success.

The Tribunal dismissed the allegations relating to a November 2010 ban from the respondent's premises due to delay, finding no good faith reason for the late filing.

However, the Tribunal allowed the allegation regarding a June 2013 ban from a volunteer tent to proceed, as the applicant might establish a link to her disability.

Several individual and organizational respondents were removed from the application due to a lack of supporting facts.

Heyens v. Guelph Community Health Centre, 2014 HRTO 467

Michelle Dobranowski

Jennifer Scott

Tribunal denies irrelevant production request but allows unopposed amendment to add general damages claim.

The applicant in a human rights proceeding filed a Request for Order During Proceedings seeking production of statistical information regarding disabled employees and an amendment to add a claim for $20,000 in general damages.

The Tribunal denied the production request, finding the statistical information irrelevant to the narrow issue of whether excluding rear door loading work from spread allowance eligibility is discriminatory.

The Tribunal allowed the amendment to add the damages claim on consent.

Akash v. Toronto Transit Commission, 2014 CanLII 12471

Jennifer Scott

Human rights application against a bank dismissed because banking falls under exclusive federal jurisdiction.

The applicant filed an application under s. 34 of the Human Rights Code against a bank.

The Tribunal advised the applicant that the application appeared to be outside its jurisdiction because banking is a federally regulated service.

The applicant's written submissions failed to address the jurisdictional issue.

The Tribunal dismissed the application, holding that under s. 91(15) of the Constitution Act, 1867, the federal Parliament has exclusive jurisdiction over banking, and therefore the provincial Code does not apply.

Sankaran v. TD Bank, 2014 HRTO 401

Jennifer Scott

Human rights application dismissed as abandoned after applicant failed to file pre-hearing documents.

The applicant filed an application alleging discrimination in employment based on disability.

After her legal counsel withdrew, the applicant failed to file her pre-hearing documents as directed by the Tribunal's Notice of Hearing and a subsequent Case Assessment Direction.

The respondent filed a Request for Order During Proceedings seeking dismissal.

The Tribunal dismissed the application as abandoned due to the applicant's failure to comply with the Tribunal's directions.

Mary O’Neill v. Canadian Mental Health Association Grand River Branch, 2014 HRTO 388

Jennifer Scott

Employment and Labour Law

Human rights application dismissed as abandoned after applicant failed to respond to Tribunal's status inquiry.

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

The Tribunal had previously deferred the application pending the conclusion of ongoing grievance proceedings.

The Tribunal subsequently wrote to the applicant requesting an update on the grievance proceedings and warning that failure to respond could result in dismissal for abandonment.

The applicant failed to respond to the Tribunal's letter.

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

Kassim v. TJX (Homesense, Marshalls and Winners Distribution Service), 2014 HRTO 387

Appellants

LY and PYSelf-represented
1 appearance

Applicant

MaSelf-represented
1 appearance
G.E.Self-represented
1 appearance
Orlette RichardsSelf-represented
1 appearance
Georgina JeficSelf-represented
1 appearance
Eugene D'OrazioSelf-represented
1 appearance
Carlo CardileSelf-represented
1 appearance
DdSelf-represented
1 appearance
Joe ClarkSelf-represented
1 appearance
JsSelf-represented
1 appearance
SdSelf-represented
1 appearance
MdSelf-represented
1 appearance
Rosemonde PhilippeSelf-represented
1 appearance
Abdalla AliSelf-represented
1 appearance
Riaz FancySelf-represented
1 appearance
Barbara KueberSelf-represented
1 appearance
Troy DubéSelf-represented
1 appearance
Nehemiah ThompsonSelf-represented
1 appearance
Mary Louise HeyensSelf-represented
1 appearance

appointed representative to cross-examine the client

Maureen SalamaAgent
1 appearance

Counsel

Jennifer M. FantiniCounsel
2 appearances
Barbara TuerCounsel
1 appearance
Gail GeronimoCounsel
1 appearance
Gene C. ColmanCounsel
1 appearance
Sue LottCounsel
1 appearance
Kate DeardenCounsel
1 appearance
Michael KyneCounsel
1 appearance
Caroline UrsulakCounsel
1 appearance
Daniel PugenCounsel
1 appearance
Jennifer KirshenCounsel
1 appearance
A. ChimaCounsel
1 appearance
Aaron SchwartzCounsel
1 appearance
Carolyn KayCounsel
1 appearance
Sari L. SpringerCounsel
1 appearance
Celia ChandlerCounsel
1 appearance

Counsel for the Appellant

George (Knia) SinghCounsel
1 appearance

Counsel for the Respondent

Gillian Tuck KutarnaCounsel
1 appearance

for Andrea Seepersaud

Jordan GoldblattCounsel
1 appearance

for Association of Ontario Health Centres

Aida AbrahaCounsel
1 appearance
Yola GrantCounsel
1 appearance

for B & S Associates Professional Corporation and Kenneth Jeffrey

Ramon AndalCounsel
2 appearances

for G4S Secure Solutions (Canada) Ltd

Tina BaldwinAgent
1 appearance

for Guelph Community Health Centre, Lloyd Bowers, Laurie Malleau, Jerry Mykitschak, Karan Mann-Bowers, Nancy Mykitschak, Karrie Cumming, Christina Mann and Kate Vsetula

Andrew ZabrovskyCounsel
1 appearance

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

Sean HanleyCounsel
1 appearance
Robert CharneyCounsel
1 appearance
Darren ThorneCounsel
1 appearance

for herself

Shelby BurnsSelf-represented
1 appearance

for Jim Bustard and Arpad Takacs

Alan McConnellAgent
1 appearance

for Labourers’ International Union of North America

Brad RidgeCounsel
1 appearance

for Lorie Sloan

William CounterAgent
1 appearance

for Minto Properties Inc.

Maria MavrikkouCounsel
1 appearance

for Ontario (Training, Colleges and Universities)

Meagan WilliamsCounsel
1 appearance

for Southrim Enterprises Inc., Marg Green, Cecile Carrol, and Lorianne Ledwez

Sharon ChilcottCounsel
2 appearances

for Southrim Management Company Limited

Sharon ChilcottCounsel
1 appearance

for Stock Transportation

Petula FeraAgent
1 appearance

for the Amherstburg Police Association

Jeffrey HewittCounsel
1 appearance

for the Amherstburg Police Services Board

Edward PosliffCounsel
1 appearance

for the Appellant

Susan von AchtenCounsel
1 appearance
R.s.Self-represented
1 appearance
H.k.Self-represented
1 appearance

for the Applicant

David BakerCounsel
13 appearances
Jemila MacanovicSelf-represented
6 appearances
Tonka MisetichSelf-represented
5 appearances
Krishna BadrinarayanAgent
5 appearances
Grant HutchinsonSelf-represented
5 appearances
Wade PoziomkaCounsel
4 appearances
Glen MorrisonAgent
4 appearances
Ruchi SharmaSelf-represented
4 appearances
Angel LozanoSelf-represented
3 appearances
Anthony TibbsCounsel
3 appearances
Osborne BarnwellCounsel
3 appearances
Bruce BestCounsel
3 appearances
Matthew MasonSelf-represented
3 appearances
Felix MillienSelf-represented
2 appearances
Khizer AnwarCounsel
2 appearances
Grace PermaulCounsel
2 appearances
Carolyn JohnstonCounsel
2 appearances
Amanda DriscollCounsel
2 appearances
Sandi Marie CrawfordSelf-represented
2 appearances
Kingsley LaurinCounsel
2 appearances

for the Applicant Jane Mauch

Jane MauchSelf-represented
1 appearance

for the Applicants

E.J.Self-represented
2 appearances
Candice PilgrimCounsel
1 appearance
M.g.Self-represented
1 appearance
R.C.Self-represented
1 appearance
A.b.Self-represented
1 appearance
Debora MacKenzieSelf-represented
1 appearance
M.C.Self-represented
1 appearance
G.r.Self-represented
1 appearance
Eugene D’OrazioSelf-represented
1 appearance
K.g.Self-represented
1 appearance
E.L.Self-represented
1 appearance
Carlo CardileSelf-represented
1 appearance
Yvonne ClereboutSelf-represented
1 appearance

for the Bazelon Centre for Mental Health Law

Jennifer MathisCounsel
1 appearance

for the Canadian Association for Community Living, Community Living Ontario and People First of Canada

Katharine MontpetitCounsel
1 appearance

for the Canadian Union of Public Employees

Anne GregoryCounsel
1 appearance

for the College

Debra McKennaCounsel
4 appearances
Anastasia-Maria HountalasCounsel
3 appearances
Kenzie BuntingCounsel
2 appearances
Emily GrahamCounsel
2 appearances
Fiona WangCounsel
2 appearances
Samil ChagparCounsel
1 appearance
Enniael StairCounsel
1 appearance
Ruth AinsworthCounsel
1 appearance
Joanna BirenbaumCounsel
1 appearance
Elisabeth WidnerCounsel
1 appearance
Ada JeffreyCounsel
1 appearance
Yufei (Fiona) WangCounsel
1 appearance

for the Commission

Folarin ObikoyaAgent
1 appearance
Anthony GriffinCounsel
1 appearance

for the Complainant

Susan UrselCounsel
1 appearance
Guy SeguinAgent
1 appearance
Rosalyn ForresterSelf-represented
1 appearance

for the Corporate Respondent

Sarah CrossleyCounsel
1 appearance

for the Intervenor

Cathy PikeCounsel
2 appearances
Mandy WojcikCounsel
1 appearance
Catherine DavisCounsel
1 appearance
Devon PaulCounsel
1 appearance
Matthew RootUnion representative
1 appearance
Bruce PriceCounsel
1 appearance
Rebecca WoodrowCounsel
1 appearance
Sue LottCounsel
1 appearance
Michael HancockCounsel
1 appearance
Dave SteeleCounsel
1 appearance

for the Intervenor Ontario Human Rights Commission

Cathy PikeCounsel
2 appearances
Reema KhawjaCounsel
2 appearances
Insiya EssajeeCounsel
2 appearances
Sunil GurmukhCounsel
2 appearances
Tony GriffinCounsel
1 appearance

for the Intervenors Canadian Association for Community Living, Community Living Ontario and People First of Canada

S. Priya MorleyCounsel
1 appearance

for the Office of Human Rights & Equity Services, McMaster University

Andrew PintoCounsel
1 appearance

for the Office of the Children's Lawyer

Heather Smith-McGurkCounsel
1 appearance

for the Ontario Human Rights Commission

Anthony GriffinCounsel
1 appearance

for the registrant

Colin JohnstonCounsel
2 appearances
Rebecca YoungCounsel
1 appearance
Brock TurvilleCounsel
1 appearance
Keary GraceCounsel
1 appearance
Derek HooperCounsel
1 appearance
Jonathan MertzCounsel
1 appearance
Mark HuckaboneCounsel
1 appearance
Jordan StoneCounsel
1 appearance
Zoe HountalasCounsel
1 appearance
Adam PatenaudeCounsel
1 appearance
Lisa E. HamiltonCounsel
1 appearance

for the Registrant

Kurian MathewSelf-represented
1 appearance
Gail-Anne CumberbatchSelf-represented
1 appearance

for the Respondent

Hart SchwartzCounsel
5 appearances
Donald ShanksCounsel
5 appearances
Richard NixonCounsel
4 appearances
Sian WilliamsCounsel
4 appearances
Kalli ChapmanCounsel
3 appearances
Ann BurkeCounsel
3 appearances
Matthew J. MihailovichCounsel
3 appearances
Kathryn BirdCounsel
3 appearances
D. Brent LabordCounsel
3 appearances
Matthew CornettCounsel
2 appearances
Daryn JeffriesCounsel
2 appearances
Mark LewisCounsel
2 appearances
David RossCounsel
2 appearances
Neil RabovskySelf-represented
2 appearances
David BannonCounsel
2 appearances
Ann DinnertCounsel
1 appearance
Toby YoungCounsel
1 appearance
Andrew ListerCounsel
1 appearance
Sean HanleyCounsel
1 appearance
Ryan O’LearyCounsel
1 appearance

for the Respondent Algonquin & Lakeshore Catholic District School Board

Lynn HarndenCounsel
1 appearance

for the Respondent Centre for Independent Living Toronto (C.I.L.T.) Inc.

Martin SmithCounsel
1 appearance

for the Respondent Children’s Aid Society of London and Middlesex

Jill Scrutton-FulfordCounsel
2 appearances

for the Respondent City of Toronto

Amy MurakamiCounsel
1 appearance

for the Respondent Clinton Czapla

Clinton CzaplaSelf-represented
1 appearance

for the Respondent CSH Wenleigh LTC Inc.

Pamela LeiperCounsel
2 appearances

for the Respondent Daniel Pang

Aaron SchwartzCounsel
1 appearance

for the Respondent Edgardo Cubias

Maria KotsopoulosCounsel
1 appearance

for the Respondent Elementary Teachers Federation of Ontario - Peel Elementary Teachers Local

Adam BeattyCounsel
1 appearance

for the Respondent Elementary Teachers Federation of Ontario, Peel Elementary Teachers Local

Adam BeattyCounsel
1 appearance

for the Respondent Elementary Teachers’ Federation of Ontario, Peel Elementary Teachers Local

Adam BeattyCounsel
1 appearance

for the Respondent G.A.

G.A.Self-represented
1 appearance

for the Respondent General Motors of Canada Limited

David BannonCounsel
1 appearance

for the Respondent Genevieve Anthony

Megan MutchesonCounsel
2 appearances
Genevieve AnthonySelf-represented
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Minister of Children and Youth Services

Mimi SinghCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services (Vanier Centre for Women)

Jordana JosephCounsel
1 appearance

for the Respondent HMQ in Right of Ontario as represented by the Minister of Health and Long-Term Care

Bella FoxCounsel
1 appearance

for the Respondent Michael Byerley

Hugh DyerCounsel
1 appearance

for the Respondent Minister Municipal Affairs and Housing

Sara BlakeCounsel
1 appearance

for the Respondent Modern Taxi Cab Limited

Joseph DartCounsel
1 appearance

for the Respondent Peel District School Board

Neal PatelCounsel
2 appearances
Roy FilionCounsel
1 appearance
Evelyn DormerCounsel
1 appearance

for the Respondent Precision Property Management Inc.

Michael RamdharryAgent
1 appearance

for the Respondent Primary Response Inc.

Mark MendlCounsel
1 appearance

for the Respondents

Kathryn BirdCounsel
4 appearances
Paula RusakCounsel
3 appearances
Lisa KwasekCounsel
3 appearances
Jordan WinchCounsel
2 appearances
Andrew ZabrovskyCounsel
2 appearances
D. Alan WhyteCounsel
2 appearances
Darragh MeagherCounsel
2 appearances
C.P. GoldsonCounsel
2 appearances
Robert TigheCounsel
2 appearances
Donna D’AndreaCounsel
2 appearances
Self-representedSelf-represented
2 appearances
Robert DunfordCounsel
2 appearances
Sara BenincasaAgent
2 appearances
Brenda BowlbyCounsel
2 appearances
Michelle MacGillivrayCounsel
2 appearances
Naomi CallaCounsel
2 appearances
Christopher DianaCounsel
2 appearances
Ottavio IacopiniParalegal
1 appearance
S. Zachary GreenCounsel
1 appearance
M. David RossCounsel
1 appearance

for the Respondents Dan Benedict Co-op Homes, Ellen Bowie and Leslie Staddon

Brent J. ForemanCounsel
1 appearance

for the Respondents Her Majesty the Queen in Right of Ontario as represented by the Attorney General of Ontario, the Minister of Community and Social Services and the Minister of Health and Long-Term Care

S. Zachary GreenCounsel
1 appearance

for the Respondents Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services (Vanier Centre for Women)

Jordana JosephCounsel
1 appearance

for the Respondents Juneid Patel and Police Chief William Blair

Lisa CabelCounsel
2 appearances

for the Respondents Leisureworld Caregiving Centre – O’Connor Gate, Cora Murray and Carol McIlveen

Daryn JeffriesCounsel
1 appearance

for the Respondents Service Employees International Union Local 1 Canada and Karen Walsh

Jesse KuglerCounsel
1 appearance

for the Respondents The Chief of Police and Toronto Police Services Board

Antonella CeddiaCounsel
2 appearances
Philip ChanCounsel
1 appearance

for the Respondents Toronto Police Service (43 Division) and Toronto Police Services Board

David GourlayCounsel
1 appearance

for the Respondents Universal Workers Union, Labourers’ International Union of North America, Local 183 and Maria Da Silva

Virginia NelderCounsel
1 appearance

for the Respondents Walker Head Lawyers, Kyle Armagon and Cheryl Bartlett

Alexandra Lev-FarrellCounsel
1 appearance

for the Respondents Workplace Safety Insurance Board and Frances Lord

Eric KupkaCounsel
1 appearance
Greg BullenCounsel
1 appearance

for the Respondent The Algonquin-Lakeshore Unit of the Ontario English Catholic Teachers’ Association

Bernie HansonCounsel
1 appearance

for the Respondent The Consulting Matrix Inc.

Cindy CohenCounsel
1 appearance

for the Respondent The Corporation of the County of Grey

Andréa DedrickCounsel
1 appearance

for the Respondent Toronto Community Housing Corporation

Christina HenderinCounsel
1 appearance

for the Respondent Toronto District School Board

Elizabeth WinterCounsel
1 appearance
Lauri ReesorCounsel
1 appearance

for the Respondent Toronto Police Services Board

David GourlayCounsel
4 appearances

for the Respondent, Toronto Police Services Board

David GourlayCounsel
1 appearance

for the Respondent Unifor Canada

Anthony DaleCounsel
1 appearance

for the Society

Mitch SnipAgent
1 appearance

for the Toronto District School Board

Lauri ReesorCounsel
1 appearance

for the Toronto Police Services Board

David GourlayCounsel
1 appearance

for Trios College, Oshawa Campus

Andrew EbejerAgent
1 appearance

for William Blair and Juneid Patel

Lisa CabelCounsel
1 appearance

for Workplace Safety and Insurance Board and Frances Lord

Gurjit BrarCounsel
1 appearance

for Workplace Safey and Insurance Board and Frances Lord

Gurjit BrarCounsel
1 appearance

Interested Party

H.M.Self-represented
1 appearance

Litigation Guardian

G.E.Self-represented
1 appearance

On her own behalf

Myrlande MathurinSelf-represented
1 appearance
Adrienne HarrisSelf-represented
1 appearance

On Her Own Behalf

Julie WasylnkaSelf-represented
1 appearance
Angela BrowneSelf-represented
1 appearance
Myrlande MathurinSelf-represented
1 appearance

On his own behalf

Gary DemenintSelf-represented
1 appearance
Masoud NaddafiSelf-represented
1 appearance

On His Own Behalf

Tom LaFortuneSelf-represented
2 appearances
Robert CookeSelf-represented
1 appearance
Terry LumleySelf-represented
1 appearance
Juan GonzalezSelf-represented
1 appearance
David MoyalSelf-represented
1 appearance
Abdolreza TahnaSelf-represented
1 appearance

Representative

Gary CowanAgent
1 appearance
Robert BilichAgent
1 appearance

Respondent

Patty MurrayCounsel
1 appearance
Raquel ChisholmCounsel
1 appearance
Jack SullensCounsel
1 appearance
Dawn DuboisCounsel
1 appearance
Nidhi PunyarthiCounsel
1 appearance
Kunuwanimano Child and Family ServicesSelf-represented
1 appearance

self-represented

Aziza Mohssen SobhSelf-represented
1 appearance
Suman KhulbeSelf-represented
1 appearance
Jamie MandlsohnSelf-represented
1 appearance

Self-represented

Jackie YoungSelf-represented
1 appearance

Self-Represented

Yvonne SinghSelf-represented
1 appearance

445

Decisions

Years active

Tribunals

2.0

cases/mo

HRTO389(87%)

OCFSRB37(8%)

OMTDT8(2%)

OPSDT5(1%)

OCPDT4(1%)

ORPDT2(0%)

Decision types

motion

351

trial

appeal

costs

/Adjudicator

Jennifer Scott — Associate Chair

Human Rights

Administrative Law

Other Tribunals

Family and Matrimonial Law

Health Law

Landlord and Tenant

Indigenous Legal Issues

Bankruptcy and Insolvency Law

Workers' Compensation

Jennifer Scott

Associate Chair·Child and Family Services Review Board·Since 2007

OCFSRB OMTDT OCPDT ORPDT OPSDT HRTO

445

cases · 20 yrs · HRTO, OCFSRB, OMTDT, OPSDT, OCPDT, ORPDT

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 286Vice-chair· 53Adjudicator· 46panel chair· Chair· 17Associate Chair· 10Panel Member· 8Presiding Member· 8Adjudicator· 6

Jennifer Scott

Practising Law - Employed51 cases2009–2017

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

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

The corporate respondent filed for bankruptcy, and the application sent to the individual respondent was returned as moved/unknown.

The applicant failed to respond to the directions.

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

Matthew-David Hayes v. Priape Inc. and Laurence Heath, 2014 HRTO 618

David Patacairk

Jennifer Scott

Request to dismiss human rights application for lack of jurisdiction denied.

The respondents filed a Request for Order During Proceedings seeking to dismiss the application on the basis that it was outside the Tribunal's jurisdiction.

The applicant alleged discrimination with respect to employment because of reprisal and disability, claiming excessive monitoring by the personal respondent related to his sick leave.

The Tribunal found that it was not plain and obvious that the application was outside its jurisdiction and dismissed the respondents' request.

Hunt v. Ottawa (City), 2014 HRTO 596

Alix Herber

7 cases2010–2016

Jennifer Scott

HRTOHuman Rights Tribunal of OntarioApr 16, 2014

Adjournment request denied despite respondent's key witness being on extended parental leave.

The respondent requested an adjournment of the scheduled hearing because its human resources manager, a key witness, was on an extended pregnancy and parental leave.

The Tribunal denied the request, noting its policy against adjournments absent extraordinary circumstances.

Mares v. Checkwell Decision Corporation, 2014 HRTO 549

Gerald Griffiths

13 cases2012–2020

Jennifer Scott

HRTOHuman Rights Tribunal of OntarioApr 15, 2014

Adjournment granted due to exceptional circumstances of counsel's spouse expecting a child.

The respondent requested an adjournment of the scheduled hearing because his counsel's spouse was expected to give birth around the hearing date.

The applicant opposed the request because it was made outside the 14-day window and due to personal commitments.

The Tribunal granted the adjournment, finding that the impending birth constituted exceptional circumstances and noting that the delay would be short.

Jude Fernandez v. Vito Tomas, 2014 HRTO 541

Philton Moore

Not Practising Law3 cases2013–2015

Lorenzo Lisi

In Private Practice16 cases1993–2016

Jennifer Scott

Request for early production of documents denied as premature absent exceptional circumstances.

The applicant filed an application alleging discrimination in employment because of disability.

Prior to the issuance of a Notice of Hearing, the applicant filed a Request for an Order During Proceedings seeking early production of documents to refute the respondents' claim of accommodation.

The Tribunal denied the request as premature, finding the applicant failed to establish the exceptional circumstances necessary to justify early production under Rule 16.

The applicant was ordered to file his Reply, and the matter was scheduled for mediation.

Ken Rempel v. Pepsico Canada ULC and Frito Lay Canada, 2014 HRTO 530

Celia Chandler

4 cases2011–2014

Jennifer Scott

Tribunal waives 60-day deadline to reactivate deferred application due to applicant's medical hospitalization.

The applicant sought to reactivate her human rights application after it had been deferred pending a Superior Court proceeding.

She missed the 60-day deadline under Rule 14.4 to request reactivation following the conclusion of the civil proceeding.

The respondents sought to dismiss the application.

The application was reactivated.

Singh v. Rainbow Circle Co-operative Inc., 2014 HRTO 528

Jennifer Scott

Human rights application dismissed at preliminary stage for failing to plead facts supporting reprisal.

The applicant filed a human rights application alleging the respondent police service ignored a reported crime and interfered in his previous human rights applications.

The Tribunal issued a Notice of Intent to Dismiss because the application did not identify any specific acts of discrimination under the Code.

The applicant subsequently alleged reprisal.

James LeClair v. Brockville Police Services, 2014 HRTO 521

Jennifer Scott

HRTOHuman Rights Tribunal of OntarioApr 10, 2014

Notice of Intent to Dismiss withdrawn as reprisal claim for gender-based harassment complaint fell within jurisdiction.

The applicant filed a human rights application alleging discrimination with respect to employment because of reprisal.

The Tribunal issued a Notice of Intent to Dismiss on the basis that the applicant failed to explain how the respondent's behaviour related to claiming or enforcing a right under the Code.

The applicant filed a revised application alleging she was terminated in reprisal for complaining about gender-based harassment by the General Manager.

The Tribunal found it was not plain and obvious that it lacked jurisdiction and ordered the application to be served on the respondent.

Dias v. Cineplex Inc., 2014 HRTO 505

Bruce Best

45 cases2008–2015

Jennifer Scott

Leave granted to amend human rights application to add a claim for reinstatement.

The applicant filed a Request for Order During Proceedings seeking leave to amend her human rights application to include a request for reinstatement.

The applicant, now represented by counsel, had originally drafted the application herself and omitted the claim.

The respondent did not object to the request.

Applying the factors from Aubin, the Tribunal found no prejudice to the respondent given the hearing was months away, and granted the amendment.

Pourasadi v. Bentley Leathers Inc., 2014 HRTO 502

Jennifer Scott

Tribunal declined to defer human rights application as issues did not overlap with ongoing ESA claim.

The applicant filed a human rights application alleging she was terminated from her employment because of her pregnancy.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of the applicant's ongoing Employment Standards Act (ESA) claim for a leave of absence and public holiday pay.

The respondent objected to the deferral.

The Tribunal found that the facts and issues in the human rights application (termination) did not overlap sufficiently with the ESA claim (leave of absence and holiday pay) to warrant deferral.

The Tribunal ordered that the application proceed and directed the respondent to file a full response.

Clarke v. Tiny Town Daycare Inc., 2014 HRTO 501

Jennifer Scott

Human rights application dismissed for lack of jurisdiction as the respondent is a federally-regulated employer.

The applicant filed an application alleging employment discrimination on the basis of disability against Federal Express Canada.

The Tribunal issued a Notice of Intent to Dismiss, noting the respondent appeared to be a federally-regulated business.

As the respondent operates interprovincially, it falls under federal jurisdiction pursuant to s. 92(10)(a) of the Constitution Act, 1867.

The Tribunal concluded it lacked jurisdiction over the matter and dismissed the application.

Tolstikov v. Federal Express Canada, 2014 HRTO 494

Jennifer Scott

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

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

The respondent requested deferral of the application pending the outcome of a related union grievance proceeding.

The Tribunal found substantial overlap between the facts and human rights issues in the application and the grievance.

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

Kimberly Boissoneault v. Deborah Piekarski, 2014 HRTO 493

Jennifer Scott

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

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

The Tribunal issued a notice of intent to defer the application because the facts were part of an ongoing union grievance proceeding.

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

Lamothe v. Extendicare Falconbridge, 2014 HRTO 488

Jennifer Scott

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

The applicant filed an application under the Human Rights Code more than one year after the last incident of discrimination.

The Tribunal issued a Notice of Intent to Dismiss because the application appeared to be out of time and lacked facts showing good faith.

The applicant failed to respond to the Notice.

The Tribunal deemed the application abandoned and dismissed it.

Davis v. C & R Transmission Services Ltd., 2014 HRTO 485

Jennifer Scott

Licence Surrendered - Retired3 cases2000–2014

Request to add individual respondents and for early production denied; amendment to remedial claim allowed.

The applicant filed a Request for Order During Proceedings seeking to add four individual respondents, amend the remedial claim, and obtain early production of documents.

The Tribunal denied the request to add individual respondents, finding no compelling juridical reason to do so as the corporate respondent would be vicariously liable for their actions.

The Tribunal allowed the amendment to the remedial claim, finding no prejudice to the respondent.

The request for early production of documents was denied as premature.

Codrin v. Commissionaires Great Lakes, 2014 HRTO 483

Yola Grant

Andrew Zabrovsky

34 cases2010–2025

Aida Abraha

2 cases2014–2016

Jennifer Scott

Not Practising Law - Employed33 cases2005–2014

Human rights application partially dismissed for delay; recent allegation of discrimination allowed to proceed.

The applicant filed a human rights application alleging discrimination in her volunteer work based on disability, age, and reprisal.

The Tribunal held a summary hearing to determine if the application should be dismissed for having no reasonable prospect of success.

The Tribunal dismissed the allegations relating to a November 2010 ban from the respondent's premises due to delay, finding no good faith reason for the late filing.

However, the Tribunal allowed the allegation regarding a June 2013 ban from a volunteer tent to proceed, as the applicant might establish a link to her disability.

Several individual and organizational respondents were removed from the application due to a lack of supporting facts.

Heyens v. Guelph Community Health Centre, 2014 HRTO 467

Michelle Dobranowski

Jennifer Scott

Tribunal denies irrelevant production request but allows unopposed amendment to add general damages claim.

The Tribunal allowed the amendment to add the damages claim on consent.

Akash v. Toronto Transit Commission, 2014 CanLII 12471

Jennifer Scott

Human rights application against a bank dismissed because banking falls under exclusive federal jurisdiction.

The applicant filed an application under s. 34 of the Human Rights Code against a bank.

The Tribunal advised the applicant that the application appeared to be outside its jurisdiction because banking is a federally regulated service.

The applicant's written submissions failed to address the jurisdictional issue.

Sankaran v. TD Bank, 2014 HRTO 401

Jennifer Scott

Human rights application dismissed as abandoned after applicant failed to file pre-hearing documents.

The applicant filed an application alleging discrimination in employment based on disability.

After her legal counsel withdrew, the applicant failed to file her pre-hearing documents as directed by the Tribunal's Notice of Hearing and a subsequent Case Assessment Direction.

The respondent filed a Request for Order During Proceedings seeking dismissal.

The Tribunal dismissed the application as abandoned due to the applicant's failure to comply with the Tribunal's directions.

Mary O’Neill v. Canadian Mental Health Association Grand River Branch, 2014 HRTO 388

Jennifer Scott