Jo-Anne Pickel

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

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

The Tribunal wrote to the applicant requesting her intentions with respect to proceeding with the application, warning that failure to respond could result in the application being deemed abandoned.

The applicant did not respond by the specified deadline.

As a result, the Tribunal dismissed the application as abandoned.

Rahima Nabizadeh v. Pita Land, 2017 HRTO 1347

Jo-Anne Pickel

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

The applicant filed an application under the Human Rights Code but subsequently failed to respond to multiple communications from the Tribunal and the respondents.

The Tribunal's attempts to contact the applicant by email and mail were unsuccessful, and the applicant failed to update his contact information as required by Rule 1.13 of the Tribunal's Rules of Procedure.

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

Webber v. Ontario (Community and Social Services), 2017 HRTO 1343

David Spears

7 cases2003–2017

Jo-Anne Pickel

Applicant ordered to disclose arguably relevant documents, including mitigation records, after failing to respond.

The respondents brought a Request for Order During Proceedings seeking an order that the applicant disclose all arguably relevant documents in his possession, as required under Rule 16.1 of the Tribunal's Rules of Procedure.

The applicant did not respond to the request.

The Tribunal ordered the applicant to disclose any documents in his possession that are arguably relevant to the issues in dispute, including documents relating to his efforts to mitigate his losses by seeking other employment.

Jimmy Talbot v. 927912 Ontario Limited o/a Orleans Fresh Fruit and Marlene Horne, 2017 HRTO 1342

Jo-Anne Pickel

Human rights application dismissed as abandoned after applicant failed to address bankruptcy stay.

The applicant filed a human rights application alleging discrimination.

The application was previously stayed due to the respondent filing for bankruptcy.

The applicant was directed to advise the Tribunal if she intended to bring a motion in the Superior Court of Justice to lift the stay.

The applicant failed to do so.

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

Victoria Korosec v. 1039480 Ontario Inc. o/a The Salon, 2017 HRTO 1334

Jo-Anne Pickel

Human rights application dismissed as untimely after six-year delay without a good faith explanation.

The applicant filed a human rights application six years after the termination of his employment.

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

The applicant provided no reasonable explanation for the delay, arguing only that he had pursued other claims including a grievance and a WSIB claim.

The Tribunal found that pursuing alternative recourses does not constitute a good faith reason for delay under section 34(2) of the Human Rights Code.

The application was dismissed as untimely.

Terry Lesperance v. The Corporation of the City of Windsor, 2017 HRTO 1333

Tribunal orders production of security company contact information but denies request for third-party lease agreement.

The applicant in a human rights proceeding brought a Request for Order During Proceedings seeking production of contact information for a security company and a lease agreement from the respondents and a third party.

The Tribunal ordered the production of the security company's contact information, finding it arguably relevant to the issues in dispute.

However, the Tribunal dismissed the request for the lease agreement, finding it was not relevant to whether the respondents complied with their duty to accommodate.

Fagan v. Toronto Transit Commission, 2017 HRTO 1332

Jo-Anne Pickel

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

The applicant filed an application alleging discrimination against the respondent, which appeared to be a federally-regulated employer.

The Tribunal issued a Notice of Intent to Dismiss (NOID) requesting written submissions on jurisdiction.

The applicant failed to respond to the NOID by the deadline.

Consequently, the Tribunal dismissed the application as abandoned.

Ibrahim v. Capital One Canada, 2017 HRTO 1329

Angela Rae

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioOct 6, 2017

Adjournment of second hearing day granted due to procedural fairness concerns regarding teleconference accommodation.

The applicant, who is self-represented, requested an adjournment of the second day of his human rights hearing, citing disability and mobility issues supported by a medical letter.

The respondents opposed the request.

The Tribunal granted the adjournment, noting concerns about the procedural fairness of proceeding by teleconference.

The Tribunal also ordered the applicant to file a witness list and a detailed witness statement for himself, and outlined the procedure for requesting permission to self-record the hearing.

Solomon Fagan v. Toronto Transit Commission and Wheel-Trans, 2017 HRTO 1323

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioOct 5, 2017

Human rights application dismissed as abandoned after applicant failed to respond regarding respondent's bankruptcy stay.

The applicant filed an application alleging discrimination contrary to the Human Rights Code.

The application was previously stayed due to the respondent filing for bankruptcy, and the applicant was directed to advise the Tribunal if she intended to bring a motion in the Superior Court of Justice to lift the stay.

The applicant failed to respond within the required timeframe.

Consequently, the Tribunal dismissed the application as abandoned.

Jennifer Schober v. Artistic Home Renovations Ltd., 2017 HRTO 1310

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioOct 4, 2017

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

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

The Tribunal issued a Notice of Intent to Dismiss, noting the application appeared to be a duplicate of a previously dismissed application, and directed the applicant to file submissions.

The applicant failed to respond to the Notice.

Consequently, the Tribunal dismissed the application as abandoned.

Deborah Farr v. North Algona Wilberforce Township, 2017 HRTO 1305

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioOct 3, 2017

Human rights application dismissed as abandoned after applicant failed to attend mediation or respond to correspondence.

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

The applicant failed to attend a scheduled mediation and did not respond to a subsequent Registrar's Letter inquiring whether she intended to proceed with the application.

Consequently, the Tribunal dismissed the application as abandoned.

Robin Dewey v. Home Depot of Canada Inc. and Dorian Proulx, 2017 HRTO 1296

Kathryn Bird

In Private Practice43 cases2009–2026

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 29, 2017

Breach of settlement application dismissed; lifetime ban from retail stores upheld as unambiguous.

The applicant filed an application alleging the respondent breached their Minutes of Settlement when he was removed from the respondent's store.

The applicant argued the settlement did not impose a lifetime ban and that a one-year ban is the industry standard.

The Tribunal found the wording of the Minutes clear and unambiguous, stating the applicant was not permitted to enter the respondent's stores 'from the date of the execution of these Minutes of Settlement forward' with no end date.

The application for contravention of settlement was dismissed.

Mukesh Chopra v. Aritzia LP, 2017 HRTO 1285

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 28, 2017

Request for interim remedy to halt eviction denied as eviction falls under Landlord and Tenant Board jurisdiction.

The applicant filed a Request for Interim Remedy seeking to halt her eviction, order the return of her rent deposit, and prevent further rent withdrawals.

The Tribunal denied the request, finding that it was unclear whether the application had a reasonable prospect of success in establishing a Code violation.

Furthermore, the Tribunal noted that the eviction process falls under the jurisdiction of the Landlord and Tenant Board, making it inappropriate for the Tribunal to intervene.

Joseph v. Cooperative d’habitation LaFontaine Inc., 2017 HRTO 1280

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 27, 2017

Request for teleconference hearing denied due to lack of medical evidence and need for credibility assessment.

The applicant requested that his human rights application hearing proceed by teleconference as an accommodation for his and his witness's disabilities.

The respondent opposed the request.

The Tribunal denied the request because the applicant failed to provide medical documentation supporting the need for accommodation.

Furthermore, the Tribunal noted that a teleconference would be inappropriate because the parties' differing versions of events require an in-person assessment of witness credibility.

Adam Kusinski v. Marvin Basar Pharmacy Ltd., 2017 HRTO 1277

Stephanie Young

9 cases2015–2020

Margot Blight

15 cases1993–2022

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 25, 2017

Tribunal orders production of one email but denies applicant's request for anonymization and publication ban.

The applicant in a human rights proceeding alleging disability discrimination and reprisal brought requests for the production of documents and for anonymization, a publication ban, and a sealing order.

The Tribunal granted the production request in part, ordering the respondent to produce one arguably relevant email regarding a vacation policy.

The Tribunal denied the request for anonymization and publication bans, finding that the applicant's depression and anxiety did not constitute exceptional circumstances warranting a departure from the open court principle.

The Tribunal also issued directions limiting the applicant's voluminous communications with the Tribunal.

John Gallagher v. OCAD University, 2017 HRTO 1258

Angela Rae

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 21, 2017

Production request for trip history denied for lack of relevance; request for witness contact information granted.

The applicant in a human rights proceeding alleging discrimination based on disability filed production requests against the respondents and an interested party.

The Tribunal denied the request for the applicant's complete Wheel-Trans trip history from the respondents, finding the additional data was not arguably relevant to the remaining accommodation issues.

The Tribunal granted the request against the interested party, ordering it to disclose any known contact information for a security guard who was a potential witness to the events in question.

Fagan v. Toronto Transit Commission, 2017 HRTO 1244

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 19, 2017

Reconsideration of adjournment denial dismissed as the interim decision was not a final decision.

The applicant requested reconsideration of an interim decision that denied his request for an adjournment.

The Tribunal dismissed the request, finding that the interim decision was not a final decision subject to reconsideration under Rule 26.1 of the Tribunal's Rules of Procedure.

The Tribunal provided further directions regarding the submission of medical documentation and options for the applicant to participate in the hearing by videoconference or teleconference.

Fagan v. Toronto Transit Commission, 2017 HRTO 1226

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 11, 2017

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

The applicant filed an application alleging discrimination contrary to the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be outside its jurisdiction and failed to identify specific acts of discrimination.

The applicant was granted an extension to respond to the NOID but failed to do so.

Consequently, the Tribunal dismissed the application as abandoned.

Charline Duret v. Villa Marconi and Gaitan Grondin, 2017 HRTO 1178

Mark Donald

5 cases2017–2023

Lisa Triano

In Private Practice16 cases2000–2025

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 8, 2017

Personal respondent removed from human rights application as her individual conduct was no longer a central issue.

The personal respondent requested to be removed as a party to the human rights applications alleging discrimination and reprisal.

The Tribunal applied the factors from Sigrist and Persaud, noting that the only allegations where the personal respondent's conduct was a central issue had already been dismissed as untimely.

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

Coates v. Brock University, 2017 HRTO 1165

Gina Saccoccio Brannan

In Private Practice2 cases2008–2017

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 1, 2017

Reconsideration of interim production order largely denied; hearing adjourned due to respondent's medical condition.

The applicant requested a reconsideration of a previous Interim Decision regarding document production and an adjournment of the scheduled hearing.

The Tribunal found that the Interim Decision was not a final decision subject to reconsideration under Rule 26.1, but exercised its discretion under Rule 26.9 to order a third party to produce a call log.

The Tribunal declined to reconsider its decision denying production of PC-16 forms.

The Tribunal granted the adjournment request due to the exceptional circumstances of a respondent's recent major surgery and a witness's religious observance.

Sprague v. Yufest, 2017 HRTO 1147

Affected Party

Christine DaviesCounsel
1 appearance

Applicant

Donald WilliamsSelf-represented
2 appearances
Ade OlumideSelf-represented
1 appearance
Alex HenrySelf-represented
1 appearance
Allen Christopher RosarioSelf-represented
1 appearance
Allison ArmstrongSelf-represented
1 appearance
Brandon DurantSelf-represented
1 appearance
Christian FenkamSelf-represented
1 appearance
Constantine BassisSelf-represented
1 appearance
Everton HayeSelf-represented
1 appearance
Gang RongSelf-represented
1 appearance
Gregory VezinaSelf-represented
1 appearance
Hala MalekSelf-represented
1 appearance
Helene GodinSelf-represented
1 appearance
John GallagherSelf-represented
1 appearance
John WoodSelf-represented
1 appearance
Laura BurchSelf-represented
1 appearance
Lee ThompsonSelf-represented
1 appearance
Lisa PlantSelf-represented
1 appearance
Marcia Marla ThomasSelf-represented
1 appearance
Marie-Paule Driggs JerezSelf-represented
1 appearance

Counsel

Christopher StienburgCounsel
1 appearance
Daniel GuttmanCounsel
1 appearance
Domenic SeverinoCounsel
1 appearance
Jason TamCounsel
1 appearance
Lucy SiracoCounsel
1 appearance
Stephanie YoungCounsel
1 appearance
Yuce BaykaraCounsel
1 appearance

Counsel for the Applicant

Margaret ParsonsCounsel
1 appearance

Counsel for the Respondents

Alix HerberCounsel
1 appearance

for 0825859 B.C. Ltd (d.b.a. Four Seasons Hotel Toronto)

Jeremy HannCounsel
1 appearance

for 1900119 Ontario Inc. o/a The Augusta House and 1892499 Ontario o/a The Pheasant Plucker

Jasmina Mrkalj-SkellyCounsel
1 appearance

for A-1 Personnel Resources Inc.

Christina BorgesAgent
1 appearance

for Andorra Building Maintenance Ltd.

Frida De PazAgent
1 appearance

for Black & MacDonald Limited, Net Electric Inc., Plan Group Inc. and The Roberts Group Inc.

Scott G. ThompsonCounsel
1 appearance

for Chrysler Canada Inc., Rick Marshall and Dave Wallace

Christopher DunnCounsel
1 appearance

for Cleveland Indians Baseball Company Limited Partnership

Jonathan LisusCounsel
1 appearance

for Corporation of the Municipality of Penetanguishene

Holly BryceCounsel
1 appearance

for Ecuhome Corporation, Jacqueline Beckford, Barry Espin, Sally Murphy, Bruse Sexsmith

Gordon WoodCounsel
1 appearance

for Family Chiropractic Centre and Dr. Scott Huehn

Wade PoziomkaCounsel
1 appearance

for Fera Zubaidy

Fera ZubaidySelf-represented
1 appearance

for First Canada ULC

Mathias LinkCounsel
1 appearance

for Halton Condominium Corporation No. 41

K.C. WysynskiCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario, as represented by the Attorney General (Court Services Division)

Connie VernonCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services

Marnie CorboldCounsel
1 appearance

for herself

Gabriela Olguin de CoptoSelf-represented
1 appearance

for himself

Harry FineSelf-represented
1 appearance

for Hudson Bay Company, Owen Baker, and Bryan Marville

William AndersonCounsel
1 appearance

for International Brotherhood of Electrical Workers, Local 303 and Peter Wall

Ron LebiCounsel
1 appearance

for Kenneth Swan and Kenneth P. Swan Arbitration Ltd.

David C. MooreCounsel
1 appearance

for KPMG Inc., Court Appointed Monitor

Dev CoossaAgent
1 appearance
Maxime CodereAgent
1 appearance

for Leon Rideout

Piper HendersonCounsel
1 appearance

for Loblaws Inc.

Misha WilsonCounsel
1 appearance

for Luxottica Retail Canada Inc. c.o.b. as LensCrafters

Cherrine ChowCounsel
1 appearance

for Major League Baseball

Markus KoehnenCounsel
1 appearance

for Middlesex-London Emergency Medical Services Authority

Stephanie N. JeronimoCounsel
1 appearance

for Midland Service Ontario Centre, Corporation of the Municipality of Midland, and HGR Graham Partners LLP

Andrew MaeCounsel
1 appearance

for Nadine Dobro, Catherine Lyons, Kasha McDougall, Melissa Maya, Jessica Wake and Aldene Thomas

Glenn ChuCounsel
1 appearance

for Ontario Public Service Employees Union

Richard BlairCounsel
1 appearance

for Paragon Security

David WhittenCounsel
1 appearance
Daniel ChodosCounsel
1 appearance

for Rogers Communications Inc.

Kent ThomsonCounsel
1 appearance

for Terra Nova Transport Ltd.

Heather CameronCounsel
1 appearance

for Thames Emergency Medical Services

Paula RusakCounsel
1 appearance

for The Active Group

Robert DowhanCounsel
1 appearance

for the Affected Parties

Susan CrawfordCounsel
1 appearance

for the Affected Party

Vicky RamsayCounsel
2 appearances
Victoria HannahUnion representative
1 appearance
John GormanUnion representative
1 appearance
Helen NowakCounsel
1 appearance
Derron VernonUnion representative
1 appearance
Adrienne LiangCounsel
1 appearance
John EvansCounsel
1 appearance
Katrina PeddleCounsel
1 appearance
Thom YachninCounsel
1 appearance

for the Affected Person

Adrienne LiangUnion representative
1 appearance

for the Amherstburg Police Association

Jeffrey HewittCounsel
1 appearance

for the Amherstburg Police Service Board

Edward PosliffCounsel
1 appearance

for the Applicant

Christine LundyAgent
8 appearances
Anne MarsdenSelf-represented
8 appearances
Kate HughesCounsel
6 appearances
Esther del Carmen Mancebo-MunozSelf-represented
6 appearances
Brenda CulbertCounsel
6 appearances
Prakash MurugesanSelf-represented
5 appearances
Jordan LesterCounsel
5 appearances
Solomon FaganSelf-represented
5 appearances
Nadia LambekCounsel
5 appearances
M.D.Self-represented
4 appearances
Cecil NormanAgent
4 appearances
Wade PoziomkaCounsel
4 appearances
Donald WilliamsSelf-represented
4 appearances
Dan GonderAgent
3 appearances
David FreeSelf-represented
3 appearances
Clara MathesonCounsel
3 appearances
Nicole SimesCounsel
3 appearances
Vincent SinclairSelf-represented
3 appearances
Jamillah MensahAgent
3 appearances
Mohit BaliSelf-represented
3 appearances

for the Applicants

David WrightCounsel
3 appearances
Catherine Gleason-MercierCounsel
2 appearances
Anton BonniciSelf-represented
2 appearances
Christine GeneraoSelf-represented
1 appearance
Grace VaccarelliCounsel
1 appearance
Jane LettonCounsel
1 appearance
Lisa TrianoCounsel
1 appearance
Mindy NobleCounsel
1 appearance
Roger LoveCounsel
1 appearance
Anton BonniciAgent
1 appearance
Cecilia MonaghanSelf-represented
1 appearance
Chris PereraSelf-represented
1 appearance

for the Canadian Soccer Association

Sean HernCounsel
2 appearances
Joseph ArvayCounsel
2 appearances
Catherine Boies ParkerCounsel
1 appearance

for the Complainant

Anne MarinSelf-represented
3 appearances
Suzanne HunchukSelf-represented
1 appearance
Terry EdwardsSelf-represented
1 appearance
Donna GlazewskiSelf-represented
1 appearance
Donna SalmSelf-represented
1 appearance
Emanuel NavaSelf-represented
1 appearance
Eric FroudeSelf-represented
1 appearance
Glenn HedrichSelf-represented
1 appearance
Jason LockwoodSelf-represented
1 appearance
Jo-Ann MacConnellSelf-represented
1 appearance
John JacksonSelf-represented
1 appearance
Karen DaweSelf-represented
1 appearance
Lisa ZukSelf-represented
1 appearance
Michael GrahamSelf-represented
1 appearance
Ritva SaundersAgent
1 appearance
Salnave Saint-BonheurSelf-represented
1 appearance
Sarah HormuzSelf-represented
1 appearance
Stephen PennellSelf-represented
1 appearance

for the County of Renfrew Ontario Works and United Counties of Leeds and Grenville Ontario Works

Stephen MenardCounsel
1 appearance

for the Fédération Internationale de Football Association

Jérôme ValckeAgent
2 appearances

for the Interested Party

Brian GreenspanAgent
1 appearance
Adrienne LiangCounsel
1 appearance

for the Interested Party, Medisys

Brian GreenspanCounsel
1 appearance

for the International Olympic Committee

Ronald SlaghtCounsel
1 appearance

for the Intervener, Office of the Employer Adviser

David BorwickAgent
1 appearance

for the intervenor

Michael GlocknerAgent
1 appearance

for the Intervenor

Dean ArdronCounsel
3 appearances
Anne CummingCounsel
2 appearances
Robert WhillansCounsel
1 appearance
Adrian JakibchukCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Danny KastnerCounsel
1 appearance
Denise WorkunSelf-represented
1 appearance
Don PyperCounsel
1 appearance
Marisa PollockCounsel
1 appearance
Sue LottCounsel
1 appearance
Sunil GurmukhCounsel
1 appearance

for the Ministry of Community and Social Services

Yashoda RanganathanCounsel
1 appearance

for the Ontario Cycling Association and Cycling Canada Cyclisme

Albert FormosaCounsel
1 appearance
Macdonald AllenCounsel
1 appearance

for the Ontario Public Service Employees Union

Adrienne LiangCounsel
1 appearance

for the Proposed Intervenor

Daniel AttwellCounsel
1 appearance
Sid KnowlesSelf-represented
1 appearance

for the Proposed Respondent

Susan McCorquodaleCounsel
2 appearances
Bryan A. CarrollCounsel
1 appearance
Joanna RainbowCounsel
1 appearance

for the Proposed Respondent BFI Constructors Ltd.

Christopher LaneCounsel
1 appearance

for the Proposed Respondent Carmen Sacco

Ramon V. AndalCounsel
1 appearance

for the Proposed Respondent Construction Opportunities Development Council Inc.

Anna Maria MoscardelliAgent
1 appearance

for the Proposed Respondent/Intervenor

Joshua PhillipsCounsel
1 appearance

for the Proposed Respondent Sears Canada Inc.

Stephanie WhiteCounsel
1 appearance

for the Proposed Respondents SimpsonWigle LLP, John M. Wigle and Firdaus H. Walele

Firdaus WaleleCounsel
1 appearance

for the Proposed Respondent The Active Group

Robert W. DowhanCounsel
2 appearances

for the Regional Municipality of Peel Police Services Board

Patricia G. MurrayCounsel
1 appearance
Lynda BordeleauCounsel
1 appearance

for the respondent

Dan GuttmanCounsel
5 appearances
Robert CharneyCounsel
1 appearance

for the Respondent

Daniel GuttmanCounsel
6 appearances
Brandin O’ConnorCounsel
5 appearances
Julie O’DonnellCounsel
5 appearances
Dan GuttmanCounsel
5 appearances
Lucy SiracoCounsel
4 appearances
Chantelle BrysonCounsel
4 appearances
Randy AiCounsel
4 appearances
David GourlayCounsel
3 appearances
Jodi Gallagher HealyCounsel
3 appearances
Leah SimonCounsel
3 appearances
John FieldCounsel
3 appearances
Stephanie YoungCounsel
3 appearances
Yola VentrescaCounsel
3 appearances
Robert EdwardsCounsel
3 appearances
Lorenzo LisiCounsel
3 appearances
Scott WilliamsCounsel
3 appearances
Matthew DemeoCounsel
3 appearances
Adrienne CoutoCounsel
3 appearances
Robert CharneyCounsel
3 appearances
Patricia MurrayCounsel
2 appearances

for the Respondent and Proposed Respondents SimpsonWigle LLP, John M. Wigle and Firdaus H. Walele

Firdaus WaleleCounsel
1 appearance

for the Respondent Angelo Costa

Kevin McGivneyCounsel
1 appearance
Naomi CallaCounsel
1 appearance

for the Respondent Association des enseignantes et des enseignants de l’Ontario

Lise LeducCounsel
1 appearance

for the Respondent Association des enseignantes et des enseignants franco-ontariens

Lise LeducCounsel
1 appearance

for the Respondent Board of Directors of the Halton Condominium Corporation No. 41

K. C. WysynskiCounsel
1 appearance

for the Respondent CA-DO Mart Limited

Heather CameronCounsel
1 appearance

for the Respondent Canadian Electrocoating Ltd.

Jeanine WattCounsel
1 appearance

for the Respondent CIBC Mortgages Inc.

John FieldCounsel
1 appearance

for the Respondent Conseil des écoles publiques de l’Est de l’Ontario

Sébastien LorquetCounsel
2 appearances

for the Respondent Controlex Corporation

Jonathan RichardsonCounsel
1 appearance

for the Respondent Danny Weill

Suzy KauffmanCounsel
1 appearance

for the Respondent Davis Henderson Limited Partnership

Allyson M. FischerCounsel
1 appearance

for the Respondent Davis Henderson Limited Partnership by its general partner Davis Henderson G.P. Inc.

Allyson M. FischerCounsel
1 appearance

for the Respondent Fédération Internationale de Football Association

Jérôme ValckeAgent
1 appearance

for the Respondent Gestion Rodaki Inc.

Louise MorelCounsel
1 appearance

for the Respondent Halton Condominium Corporation No. 41

K.C. WysynskiCounsel
2 appearances

for the Respondent Heidi Kessler and Intervenor Canadian Union of Public Employees, Local 4400

Tim GleasonCounsel
1 appearance

for the Respondent International Olympic Committee

Ronald SlaghtCounsel
1 appearance

for the Respondent Laura Borden

Laura BordenSelf-represented
1 appearance

for the Respondent, London Life Insurance Company

Sonya ClarkCounsel
1 appearance

for the Respondent Manna Foods Inc.

Anita LandryCounsel
1 appearance

for the Respondent McDonald’s Restaurants of Canada Limited

Robert BayneCounsel
1 appearance

for the Respondent mdBriefcase Inc.

Mark FletcherCounsel
1 appearance

for the Respondent Ministry of Finance

Pauline KwanCounsel
1 appearance

for the Respondent MS Employment Consultants Ltd.

Jasmin MarcosAgent
1 appearance

for the Respondent Nelligan O’Brien Payne LLP

Susanne SviergulaCounsel
1 appearance

for the Respondent Ontario Public Service Employees Union

Danny KastnerCounsel
1 appearance

for the Respondent Peter Nguyen

Jean-Pierre UngCounsel
1 appearance

for the Respondent Raheel Irfan

Tyler InksterCounsel
2 appearances

for the Respondent Rogers Blue Jays Baseball Partnership dba Toronto Blue Jays Baseball Club

Arlen SternbergCounsel
1 appearance

for the Respondent Rouge Valley Co-operative Homes Inc.

Kiel ArdalCounsel
1 appearance

for the Respondent Royal Ottawa Health Care Group

Michelle O’BonsawinCounsel
1 appearance

for the Respondents

Amandi EsonwanneCounsel
6 appearances
Angela RaeCounsel
5 appearances
Robert EdwardsCounsel
3 appearances
Lucy SiracoCounsel
3 appearances
Kathryn BirdCounsel
2 appearances
Kerri KitchuraCounsel
2 appearances
Keri WilsonCounsel
2 appearances
Carolyn DunlopCounsel
2 appearances
Maria KotsopoulosCounsel
2 appearances
Mélissa LacroixCounsel
2 appearances
M. Elizabeth KeenanCounsel
2 appearances
Rita BairosAgent
2 appearances
Vincent PanettaCounsel
2 appearances
Robert AtkinsonCounsel
2 appearances
Gerald J. GriffithsCounsel
2 appearances
Christian VernonCounsel
2 appearances
David SpearsCounsel
1 appearance
Dean AdemaCounsel
1 appearance
Douglas SulmanCounsel
1 appearance
Drago BanjavcicAgent
1 appearance

for the Respondents Brian Etheridge and Anita Etheridge

Anita EtheridgeAgent
1 appearance

for the Respondents Centre for Addiction and Mental Health and Sehwan Oh

Jacqueline LukshaCounsel
1 appearance

for the Respondents Ontario Cycling Association and Cycling Canada Cyclisme

Albert FormosaCounsel
1 appearance

for the Respondent St. Joseph’s Health Centre Toronto

Stephanie YoungCounsel
1 appearance

for the Respondent St. Michael’s Hospital

Naomi CallaCounsel
1 appearance

for the Respondent Teamsters Local 879

Michael KlugCounsel
1 appearance

for the Respondent The Active Group

Robert DowhanCounsel
2 appearances

for the Respondent The Athletic Club (Trainyards) Inc.

Brian MacDonaldCounsel
1 appearance

for the Respondent Ticketmaster Canada LP

Stuart SvonkinCounsel
1 appearance

for the Respondent Toronto District School Board

Andrew ZabrovskyCounsel
1 appearance

for the Respondent Toronto Police Services Board

Heather CrispCounsel
1 appearance

for the Respondent Union Cycliste Internationale

Nicolas ValticosCounsel
1 appearance

for the Respondent Waterloo Regional Police Services Board

Gary MelansonCounsel
1 appearance

for the Respondent Weston Bakeries Ltd.

Kate DeardenCounsel
1 appearance

for the Third Party

Emtiaz BalaCounsel
1 appearance
Nansy GhobrialCounsel
1 appearance

for the Union Cycliste Internationale

Caroline (Nini) JonesCounsel
2 appearances
Jesse EldersCounsel
1 appearance

for the University of Western Ontario

Barry BrownCounsel
1 appearance

for the Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for the World Anti-Doping Agency

Brian GoverCounsel
1 appearance
Pamela HrickCounsel
1 appearance

for Toronto Police Services Board

Michele BradyCounsel
1 appearance

for United Food and Commercial Workers Local 1000A

Elichai ShaffirCounsel
1 appearance

for Yvonne Galley

Harry BlackCounsel
1 appearance

litigation guardian for the Applicant

Ashisha PersaudAgent
1 appearance

Representative

Glynis NicholsonSelf-represented
1 appearance

Respondent

Adrien IafrateCounsel
1 appearance
John AlabiSelf-represented
1 appearance
Justin HeimpelCounsel
1 appearance
Landon YoungCounsel
1 appearance
Nini JonesCounsel
1 appearance
Thomas McRaeCounsel
1 appearance

Respondent Liquor Control Board of Ontario

Justin DiggleCounsel
1 appearance

Respondent Ontario Public Service Employees Union

Richard BlairCounsel
1 appearance

Respondents

Jonathan SchofieldAgent
1 appearance

Self-represented

Donald WilliamsSelf-represented
1 appearance
John GallagherSelf-represented
1 appearance
Zoran BackovicSelf-represented
1 appearance

761

Decisions

Years active

Tribunals

12.5

cases/mo

HRTO761(100%)

Decision types

motion

730

trial

/Adjudicator

Jo-Anne Pickel — Adjudicator

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Workplace Safety and Insurance Law

Bankruptcy and Insolvency Law

Landlord and Tenant

Health Law

Criminal and Quasi-Criminal Law

Family and Matrimonial Law

Jo-Anne Pickel

Adjudicator·Human Rights Tribunal of Ontario·Since 2012

761

cases · 6 yrs · HRTO

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 592Adjudicator· 80Vice-chair· 69Adjudicator· 18Vice- Chair· 1Vice-présidente· 1

Jo-Anne Pickel

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

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

The Tribunal wrote to the applicant requesting her intentions with respect to proceeding with the application, warning that failure to respond could result in the application being deemed abandoned.

The applicant did not respond by the specified deadline.

As a result, the Tribunal dismissed the application as abandoned.

Rahima Nabizadeh v. Pita Land, 2017 HRTO 1347

Jo-Anne Pickel

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

The applicant filed an application under the Human Rights Code but subsequently failed to respond to multiple communications from the Tribunal and the respondents.

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

Webber v. Ontario (Community and Social Services), 2017 HRTO 1343

David Spears

7 cases2003–2017

Jo-Anne Pickel

Applicant ordered to disclose arguably relevant documents, including mitigation records, after failing to respond.

The applicant did not respond to the request.

Jimmy Talbot v. 927912 Ontario Limited o/a Orleans Fresh Fruit and Marlene Horne, 2017 HRTO 1342

Jo-Anne Pickel

Human rights application dismissed as abandoned after applicant failed to address bankruptcy stay.

The applicant filed a human rights application alleging discrimination.

The application was previously stayed due to the respondent filing for bankruptcy.

The applicant was directed to advise the Tribunal if she intended to bring a motion in the Superior Court of Justice to lift the stay.

The applicant failed to do so.

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

Victoria Korosec v. 1039480 Ontario Inc. o/a The Salon, 2017 HRTO 1334

Jo-Anne Pickel

Human rights application dismissed as untimely after six-year delay without a good faith explanation.

The applicant filed a human rights application six years after the termination of his employment.

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

The applicant provided no reasonable explanation for the delay, arguing only that he had pursued other claims including a grievance and a WSIB claim.

The Tribunal found that pursuing alternative recourses does not constitute a good faith reason for delay under section 34(2) of the Human Rights Code.

The application was dismissed as untimely.

Terry Lesperance v. The Corporation of the City of Windsor, 2017 HRTO 1333

Brian Greenspan

9 cases2004–2026

Angela Rae

Jo-Anne Pickel

Tribunal orders production of security company contact information but denies request for third-party lease agreement.

The Tribunal ordered the production of the security company's contact information, finding it arguably relevant to the issues in dispute.

However, the Tribunal dismissed the request for the lease agreement, finding it was not relevant to whether the respondents complied with their duty to accommodate.

Fagan v. Toronto Transit Commission, 2017 HRTO 1332

Jo-Anne Pickel

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

The applicant filed an application alleging discrimination against the respondent, which appeared to be a federally-regulated employer.

The Tribunal issued a Notice of Intent to Dismiss (NOID) requesting written submissions on jurisdiction.

The applicant failed to respond to the NOID by the deadline.

Consequently, the Tribunal dismissed the application as abandoned.

Ibrahim v. Capital One Canada, 2017 HRTO 1329

Angela Rae

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioOct 6, 2017

Adjournment of second hearing day granted due to procedural fairness concerns regarding teleconference accommodation.

The applicant, who is self-represented, requested an adjournment of the second day of his human rights hearing, citing disability and mobility issues supported by a medical letter.

The respondents opposed the request.

The Tribunal granted the adjournment, noting concerns about the procedural fairness of proceeding by teleconference.

The Tribunal also ordered the applicant to file a witness list and a detailed witness statement for himself, and outlined the procedure for requesting permission to self-record the hearing.

Solomon Fagan v. Toronto Transit Commission and Wheel-Trans, 2017 HRTO 1323

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioOct 5, 2017

Human rights application dismissed as abandoned after applicant failed to respond regarding respondent's bankruptcy stay.

The applicant filed an application alleging discrimination contrary to the Human Rights Code.

The applicant failed to respond within the required timeframe.

Consequently, the Tribunal dismissed the application as abandoned.

Jennifer Schober v. Artistic Home Renovations Ltd., 2017 HRTO 1310

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioOct 4, 2017

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

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

The Tribunal issued a Notice of Intent to Dismiss, noting the application appeared to be a duplicate of a previously dismissed application, and directed the applicant to file submissions.

The applicant failed to respond to the Notice.

Consequently, the Tribunal dismissed the application as abandoned.

Deborah Farr v. North Algona Wilberforce Township, 2017 HRTO 1305

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioOct 3, 2017

Human rights application dismissed as abandoned after applicant failed to attend mediation or respond to correspondence.

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

The applicant failed to attend a scheduled mediation and did not respond to a subsequent Registrar's Letter inquiring whether she intended to proceed with the application.

Consequently, the Tribunal dismissed the application as abandoned.

Robin Dewey v. Home Depot of Canada Inc. and Dorian Proulx, 2017 HRTO 1296

Kathryn Bird

In Private Practice43 cases2009–2026

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 29, 2017

Breach of settlement application dismissed; lifetime ban from retail stores upheld as unambiguous.

The applicant filed an application alleging the respondent breached their Minutes of Settlement when he was removed from the respondent's store.

The applicant argued the settlement did not impose a lifetime ban and that a one-year ban is the industry standard.

The application for contravention of settlement was dismissed.

Mukesh Chopra v. Aritzia LP, 2017 HRTO 1285

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 28, 2017

Request for interim remedy to halt eviction denied as eviction falls under Landlord and Tenant Board jurisdiction.

The applicant filed a Request for Interim Remedy seeking to halt her eviction, order the return of her rent deposit, and prevent further rent withdrawals.

The Tribunal denied the request, finding that it was unclear whether the application had a reasonable prospect of success in establishing a Code violation.

Furthermore, the Tribunal noted that the eviction process falls under the jurisdiction of the Landlord and Tenant Board, making it inappropriate for the Tribunal to intervene.

Joseph v. Cooperative d’habitation LaFontaine Inc., 2017 HRTO 1280

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 27, 2017

Request for teleconference hearing denied due to lack of medical evidence and need for credibility assessment.

The applicant requested that his human rights application hearing proceed by teleconference as an accommodation for his and his witness's disabilities.

The respondent opposed the request.

The Tribunal denied the request because the applicant failed to provide medical documentation supporting the need for accommodation.

Furthermore, the Tribunal noted that a teleconference would be inappropriate because the parties' differing versions of events require an in-person assessment of witness credibility.

Adam Kusinski v. Marvin Basar Pharmacy Ltd., 2017 HRTO 1277

Stephanie Young

9 cases2015–2020

Margot Blight

15 cases1993–2022

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 25, 2017

Tribunal orders production of one email but denies applicant's request for anonymization and publication ban.

The Tribunal granted the production request in part, ordering the respondent to produce one arguably relevant email regarding a vacation policy.

The Tribunal also issued directions limiting the applicant's voluminous communications with the Tribunal.

John Gallagher v. OCAD University, 2017 HRTO 1258

Angela Rae

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 21, 2017

Production request for trip history denied for lack of relevance; request for witness contact information granted.

The applicant in a human rights proceeding alleging discrimination based on disability filed production requests against the respondents and an interested party.

The Tribunal granted the request against the interested party, ordering it to disclose any known contact information for a security guard who was a potential witness to the events in question.

Fagan v. Toronto Transit Commission, 2017 HRTO 1244

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 19, 2017

Reconsideration of adjournment denial dismissed as the interim decision was not a final decision.

The applicant requested reconsideration of an interim decision that denied his request for an adjournment.

The Tribunal dismissed the request, finding that the interim decision was not a final decision subject to reconsideration under Rule 26.1 of the Tribunal's Rules of Procedure.

The Tribunal provided further directions regarding the submission of medical documentation and options for the applicant to participate in the hearing by videoconference or teleconference.

Fagan v. Toronto Transit Commission, 2017 HRTO 1226

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 11, 2017

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

The applicant filed an application alleging discrimination contrary to the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss (NOID) because the application appeared to be outside its jurisdiction and failed to identify specific acts of discrimination.

The applicant was granted an extension to respond to the NOID but failed to do so.

Consequently, the Tribunal dismissed the application as abandoned.

Charline Duret v. Villa Marconi and Gaitan Grondin, 2017 HRTO 1178

Mark Donald

5 cases2017–2023

Lisa Triano

In Private Practice16 cases2000–2025

Jo-Anne Pickel

HRTOHuman Rights Tribunal of OntarioSep 8, 2017

Personal respondent removed from human rights application as her individual conduct was no longer a central issue.

The personal respondent requested to be removed as a party to the human rights applications alleging discrimination and reprisal.

The Tribunal applied the factors from Sigrist and Persaud, noting that the only allegations where the personal respondent's conduct was a central issue had already been dismissed as untimely.

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

Coates v. Brock University, 2017 HRTO 1165

Gina Saccoccio Brannan

In Private Practice2 cases2008–2017

Jo-Anne Pickel