Ken Bhattacharjee

Human rights application deferred pending conclusion of concurrent grievance proceeding regarding employment termination.

The applicant filed a human rights application alleging that his employment was terminated because of his disability.

Prior to filing the application, his union had filed a grievance regarding the termination, which was referred to arbitration.

The applicant requested that the Tribunal defer the application pending the conclusion of the grievance proceeding.

The respondent opposed deferral, arguing that the grievance did not raise human rights issues and that the Tribunal must first determine if the application was timely.

The Tribunal granted the deferral, finding that the grievance and application both related to the termination, raising the possibility of inconsistent decisions, and that the Tribunal has discretion to determine the order in which issues are considered.

Darrell Hicks v. Hamilton-Wentworth District School Board, 2016 HRTO 1091

Lori Mishibinijima

12 cases2010–2017

Ken Bhattacharjee

Human rights applications consolidated; preliminary dismissal denied as LTB did not address discrimination allegations.

The applicants filed separate human rights applications alleging discrimination in housing by the respondents.

The respondents requested preliminary dismissal under s. 45.1 of the Human Rights Code, arguing that prior Landlord and Tenant Board proceedings dealt with the substance of the applications.

The Tribunal consolidated the applications to avoid a multiplicity of proceedings.

The Tribunal dismissed the respondents' request for preliminary dismissal, finding that the Landlord and Tenant Board orders did not address the allegations of discrimination.

Monahan v. Cook, 2016 HRTO 1086

Lauri Reesor

26 cases2010–2026

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioAug 12, 2016

Human rights application against a bank dismissed for lack of provincial jurisdiction.

The applicant filed a human rights application alleging employment discrimination against the Canadian Imperial Bank of Commerce.

The respondent argued the application should be dismissed as banking falls under federal jurisdiction.

The Tribunal agreed, noting that under s. 91(15) of the Constitution Act, 1867, banking is within federal jurisdiction.

The application was dismissed for lack of jurisdiction.

Atwijiyor v. Canadian Imperial Bank of Commerce, 2016 HRTO 1076

Matthew Curtis

6 cases2015–2017

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioAug 11, 2016

Human rights application deferred pending conclusion of concurrent WSIB proceeding regarding the same workplace injury.

The applicant filed a human rights application alleging discrimination with respect to employment because of a disability following a workplace injury.

The respondent requested that the Tribunal defer the application pending the conclusion of an ongoing WSIB proceeding regarding the same injury.

The Tribunal found that deferral was the most fair, just, and expeditious way to proceed, given the clear overlap in facts and issues and the potential for inconsistent findings.

The application was deferred pending the conclusion of the WSIB proceeding.

Seto Soo-Hoo v. Drakkar & Partners Inc., 2016 HRTO 1065

Ken Bhattacharjee

Human rights application deferred pending conclusion of respondent's bankruptcy proceeding.

The applicant filed a human rights application against the respondent.

The respondent subsequently filed for bankruptcy, triggering an automatic stay of proceedings under section 69 of the Bankruptcy and Insolvency Act.

After the applicant confirmed she did not intend to bring a motion in court to lift the stay, the Tribunal, on its own initiative, deferred consideration of the application under section 45 of the Human Rights Code pending the conclusion of the bankruptcy proceeding.

Kitsis v. Di-Cut Industries Ltd., 2016 HRTO 1061

Ken Bhattacharjee

Practising Law - Employed33 cases2007–2025

Request to change summary hearing format from teleconference to in-person or in writing denied.

The applicant requested that an upcoming summary hearing, scheduled to proceed by teleconference, be held in-person or in writing.

The Tribunal denied the request, finding no compelling reason to depart from the standard practice of holding summary hearings by teleconference.

Katherine Lin v. Jin Cheng, 2016 HRTO 1060

Cheryl Ellison

Ken Bhattacharjee

Practising Law - Employed18 cases2010–2016

Deferred human rights application reactivated following conclusion of Social Benefits Tribunal proceeding; summary hearing denied.

The applicant filed a Request for an Order During Proceedings to reactivate her deferred human rights application following the conclusion of a proceeding before the Social Benefits Tribunal.

The respondent did not take a position on the reactivation but filed a Request for Summary Hearing.

The Tribunal granted the applicant's request to reactivate the application, finding she complied with Rules 14.3 and 14.4.

The Tribunal denied the respondent's Request for Summary Hearing without reasons, pursuant to Rule 19A.5.

Mira Freidin v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services, 2016 HRTO 1059

Individual respondents removed from human rights application; request to amend application with new allegations denied.

The applicant filed a human rights application alleging discrimination and reprisal regarding a request for a medical leave of absence following her maternity leave.

The respondents requested the removal of three individual management staff as respondents.

The applicant requested to amend her application to add new allegations regarding a subsequent return to work process.

The Tribunal granted the request to remove the individual respondents, finding the corporate respondent was fully liable and capable of remedying any infringement.

The Tribunal denied the applicant's request to amend the application, finding the new allegations were different in nature and would cause significant delay to the scheduled hearing.

Breau v. Halton (Regional Muncipality), 2016 HRTO 1055

Christian Vernon

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioAug 3, 2016

Human rights application dismissed as untimely; waiting for union grievance did not justify filing delay.

The applicant requested to reactivate his deferred human rights Application following the dismissal of his Duty of Fair Representation complaint at the OLRB.

The respondent requested that the Application be dismissed on a preliminary basis because it was filed outside the one-year time limit under section 34(1) of the Human Rights Code.

The Tribunal granted the reactivation but ultimately dismissed the Application, finding that the last alleged incident of discrimination occurred upon termination, making the Application late.

The Tribunal further held that the delay was not incurred in good faith, as waiting for the union grievance process to conclude did not justify failing to file a timely human rights Application.

Whittingham v. Metro Ontario Inc., 2016 HRTO 1027

Robert Whitmore

1 case2016–2016

John Fraser

3 cases2015–2016

Ken Bhattacharjee

Practising Law - Employed20 cases2005–2017

Tribunal grants request to add individual respondent to human rights application alleging sexual harassment.

The applicant filed an application alleging discrimination and sexual harassment against her employer.

After retaining counsel, she brought a Request for an Order During Proceedings to add a lead hand and a co-worker as individual respondents.

Applying the three-part test from Smyth, the Tribunal granted the request to add the lead hand, noting specific allegations against him, minimal prejudice, and the potential need for a specific remedial order.

The request to add the co-worker was deferred because the request had not been properly delivered to him.

Pamela King v. TMF Foods Ltd. and Jeff Porter, 2016 HRTO 1016

Patricia Matusiak

Ken Bhattacharjee

Individual respondent removed from human rights application; request for summary hearing denied.

The applicant filed a human rights application alleging employment discrimination based on race, sex, and family status against the Toronto Transit Commission and an individual respondent.

The respondents requested the removal of the individual respondent and a summary hearing.

As the applicant did not respond, the Tribunal granted the request to remove the individual respondent.

The request for a summary hearing was denied without reasons, pursuant to the Tribunal's Rules of Procedure.

Ogbonna v. Toronto Transit Commission, 2016 HRTO 1015

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJul 25, 2016

Tribunal consolidates human rights applications and adds a respondent, but denies request to add new discrimination allegations.

The applicants, who were tenants in a rental house, filed human rights applications alleging discrimination based on age and association.

They brought requests for orders during the proceeding to consolidate the applications, add a respondent, and amend the applications.

The Tribunal granted the request to consolidate the applications, finding common issues of fact and law and no prejudice.

The Tribunal also granted the request to add the respondents' father as a respondent, as there were allegations that could support a finding he violated the Code.

However, the Tribunal denied the applicants' request to add a new allegation of discrimination due to delay and unfairness to the respondents, though it permitted the applicants to rely on the underlying facts as evidence for their original allegations.

Sweeney-Tobin v. Ganeshalingam, 2016 HRTO 972

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJul 21, 2016

Request to reactivate deferred application denied due to failure to comply with Tribunal rules.

The applicant filed a Request for an Order During Proceedings to reactivate her deferred human rights application.

The Tribunal previously directed the applicant to re-file her request in compliance with Rules 14.3 and 14.4, as she had failed to provide the status of other proceedings, copies of decisions, or proper delivery to the respondent.

The applicant failed to respond to the Case Assessment Direction or re-file her request.

Consequently, the Tribunal denied the request to reactivate the deferred application.

Nasrin Gholamipour-Barmakiz v. University Health Network, 2016 HRTO 960

Anne Posno

Practising Law - Employed8 cases1996–2025

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJul 19, 2016

Tribunal grants request to audio record hearing continuation but denies transcript and adjournment requests.

The applicant requested accommodations for his disability-related needs during the hearing process, including audio recording of the continuation of the hearing, a transcript of the previous hearing days, directions to respondent's counsel regarding cross-examination, and an order for early submission of evidence.

The applicant also requested an adjournment.

The Tribunal ordered that the continuation of the hearing be audio recorded but denied the request for a transcript as the previous days were not recorded.

The Tribunal noted that directions regarding cross-examination had already been given and complied with, and that disclosure obligations had been met.

The request for an adjournment was dismissed.

Dolny v. College of Massage Therapists of Ontario, 2016 HRTO 943

Wesley Jamieson

4 cases2016–2017

Christopher Sinal

7 cases2013–2018

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJul 11, 2016

Human rights application dismissed as untimely because applicant failed to establish delay was incurred in good faith.

The applicant filed a human rights application alleging discrimination by her employer.

The respondent requested the application be dismissed on a preliminary basis because it was filed outside the one-year time limit under section 34(1) of the Human Rights Code.

The Tribunal found that the last alleged incident of discrimination occurred before September 22, 2014, making the September 28, 2015 application untimely.

The Tribunal also found that the applicant failed to establish that her delay was incurred in good faith, as her explanations regarding an abusive relationship, financial hardship, and unstable health were vague and did not explain her inability to file on time.

The application was dismissed.

Vincenza Mastroianni v. Siskinds LLP, 2016 HRTO 906

Ken Bhattacharjee

In Private Practice2 cases2016–2017

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

The Tribunal previously issued an Interim Decision requiring the applicant to confirm whether she intended to bring a motion in court to lift a stay of proceedings against the respondent franchisee.

The applicant failed to respond by the deadline.

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

Virgin Elgin v. 2112412 Ontario Incorporated o/a Bagel World Thornhill, 2016 HRTO 890

Russell Groves

Rachel Goldenberg

7 cases2013–2022

Ken Bhattacharjee

Application for contravention of settlement dismissed after applicant failed to attend preliminary hearing.

The applicant filed an Application for Contravention of Settlement against the respondents.

A preliminary hearing was scheduled to determine whether the Application should be dismissed.

The applicant failed to attend the teleconference hearing despite receiving notice.

The Tribunal proceeded in his absence, removed two respondents who were not parties to the settlement, and dismissed the Application as abandoned.

Said v. IIWI Foods Inc., 2016 HRTO 889

Katherine Ford

9 cases2008–2022

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJun 21, 2016

Human rights application dismissed as abuse of process due to prior binding settlement and release.

The applicant filed a human rights application alleging reprisal, despite having previously signed Minutes of Settlement and a full and final Release resolving an earlier application against the same respondents.

The applicant argued the settlement should be set aside due to fraudulent misrepresentation, financial pressure, and depression.

The Tribunal found the settlement terms clear and unambiguous, rendering extrinsic evidence inadmissible.

The Tribunal also found insufficient evidence of economic duress or lack of capacity.

The application was dismissed as an abuse of process for attempting to re-litigate settled issues.

Joe Panchyshyn v. Canadian Base Operators and Black & McDonald Limited, 2016 HRTO 835

Saron Gebresellassi

Suspended7 cases2016–2023

Kevin Sherkin

In Private Practice1 case2016–2016

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJun 10, 2016

Human rights application against franchisor dismissed as it lacked day-to-day control over bankrupt franchisee.

The applicant alleged racial discrimination when she was denied the ability to sit and drink her coffee at a Bagel World franchise.

The franchisee subsequently went bankrupt, and the applicant sought to hold the franchisor vicariously liable.

The Tribunal held a summary hearing to determine if the application against the franchisor had a reasonable prospect of success.

Finding that the franchise agreement and evidence demonstrated the franchisor did not exercise substantial control over the day-to-day operations or employees of the franchisee, the Tribunal concluded the franchisor could not be held vicariously liable under section 46.3(1) of the Human Rights Code.

The application against the franchisor was dismissed.

Elgin v. 2112412 Ontario Incorporated o/a Bagel World Thornhill, 2016 HRTO 791

Dan Palayew

10 cases1995–2016

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJun 7, 2016

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

The applicant filed an application under section 34 of the Human Rights Code but failed to attend the scheduled teleconference summary hearing.

After waiting the standard 30 minutes, the Tribunal proceeded in the applicant's absence and dismissed the application as abandoned.

Hicks v. Borden Ladner Gervais LLP, 2016 HRTO 771

Applicant

Mike NaraineSelf-represented
2 appearances
John InglisSelf-represented
1 appearance
Ralph MazeSelf-represented
1 appearance
Tom RabaSelf-represented
1 appearance
Mario HawcoSelf-represented
1 appearance
Stanley DombroskieSelf-represented
1 appearance
Barbara HoekstraSelf-represented
1 appearance
Richard ToderanSelf-represented
1 appearance
Henry DelaneySelf-represented
1 appearance
Angela OlaskiSelf-represented
1 appearance
Paul RadoiSelf-represented
1 appearance
Marcio CabralSelf-represented
1 appearance
Michael HarveySelf-represented
1 appearance
Stephanie de KoningSelf-represented
1 appearance
Steven GerredSelf-represented
1 appearance
Ruth CameronSelf-represented
1 appearance
Emile WickhamSelf-represented
1 appearance
Jeffrey KiersSelf-represented
1 appearance
Sharna SugarmanSelf-represented
1 appearance
S.D.Self-represented
1 appearance

Counsel

Peigi RossCounsel
2 appearances
Cathy PhanCounsel
1 appearance
Paula M. RusakCounsel
1 appearance
Cheryl EllisonCounsel
1 appearance
Thomas A. StefanikCounsel
1 appearance
John-Paul AlexandrowiczCounsel
1 appearance
Nadia ChandraCounsel
1 appearance
Stephanie M. RamsayCounsel
1 appearance
Elizabeth TraynorCounsel
1 appearance
Joseph GriffithsCounsel
1 appearance
David M. GoodmanCounsel
1 appearance
Caroline V. (Nini) JonesCounsel
1 appearance
Tyler InksterCounsel
1 appearance
Lily HarmerCounsel
1 appearance
Elizabeth CowieCounsel
1 appearance
Patricia MatusiakCounsel
1 appearance

Counsel for Applicant

Ernest GuisteCounsel
1 appearance

Counsel for Respondents

Jennifer FantiniCounsel
1 appearance

Counsel for the Respondents

Leola PonCounsel
1 appearance

for Altis Human Resources (Ottawa) Inc.

Cindy SpenceAgent
1 appearance

for Andorra Building Maintenance Ltd.

Michael AlexanderCounsel
1 appearance

for Baywood Homes

Michael A. CohenCounsel
1 appearance

for Beck Taxi Limited

Carl PetersonCounsel
1 appearance
Lauren Chang MacLeanCounsel
1 appearance

for both Applicants

Taleh HuseynovSelf-represented
1 appearance

for Bruce Johnston

Melany FranklinCounsel
1 appearance

for Dr. Victor Wai-Lee Chiu

Yashoda RanganathanCounsel
1 appearance

for himself

Felix MillienSelf-represented
1 appearance
Irfan ButtSelf-represented
1 appearance

for Hurley Corporation, Joe Cunha, Evelyn Hewitt, and Manny Silva

Gavin ClingbineAgent
1 appearance

for IIWI Foods Inc. and Gordon Macleod

Rachel GoldenbergCounsel
1 appearance

for Jodie Huber and Rick Pereira

Kumail KarimjeeCounsel
1 appearance

for Linda Tougas HR Consulting Inc. and Linda Tougas

Dan PalayewCounsel
1 appearance

for Loblaws Inc., Respondent

Gordon FitzgeraldCounsel
1 appearance

for Margaret Laurence Housing Co-operative, Julie Murphy, Debbie August-Moffat, Stephen English, Raymond Ouellet, Mark Smith, Napoleon Mulsa, Dum Siziba, and Lisa Forestell

Luke J. SaitesCounsel
1 appearance

for McDonald’s Restaurants of Canada Limited

Russell GrovesCounsel
1 appearance

for Regional Tourism Organization Four Inc. and David Peacock

Christopher McClellandCounsel
1 appearance

for Robert Half International

James D. HeeneyCounsel
1 appearance

for Service Employees International Union Local 2, Brewery, General & Professional Workers’ Union

Bruce PriceCounsel
1 appearance

for Sherilyn Koenig

Jerry RasoCounsel
1 appearance

for Simerra Property Management Inc. and Simcoe Standard Condominium Corporation No. 338

James B. TausendfreundCounsel
1 appearance

for Sunnybrook Health Sciences Centre

Maria McDonaldCounsel
1 appearance

for the Affected Organization

Martin CerquaUnion representative
1 appearance

for the Affected Party

Natasha De MennaCounsel
1 appearance

for the Applicant

Trevor SmithAgent
7 appearances
Self-representedSelf-represented
6 appearances
Mary Jane CampigottoCounsel
5 appearances
Margaret WaySelf-represented
4 appearances
Christine LundyAgent
4 appearances
Victoria ShenCounsel
3 appearances
Collin DolnySelf-represented
3 appearances
Andrea AndersonSelf-represented
3 appearances
Christine LongtinSelf-represented
3 appearances
Susan DevoeSelf-represented
3 appearances
Selwyn PietersSelf-represented
3 appearances
S.D.Self-represented
3 appearances
Melissa MarkCounsel
3 appearances
Cecil NormanAgent
3 appearances
Sean FlahertyCounsel
2 appearances
Corey ChandlerSelf-represented
2 appearances
Clara MathesonCounsel
2 appearances
Ernst GoetzeSelf-represented
2 appearances
Najeem EbrahimiAgent
2 appearances
Richard ClarkeSelf-represented
2 appearances

for the Applicants

Barbara HoekstraSelf-represented
2 appearances
Sharan BasranCounsel
1 appearance
Bradley TruaxAgent
1 appearance
Nicholas MiniganSelf-represented
1 appearance
Shawn WestonAgent
1 appearance
Eric LettsCounsel
1 appearance
Donna WilsonSelf-represented
1 appearance
Patrick JamesCounsel
1 appearance
John DoneCounsel
1 appearance
Lori MishibinijimaCounsel
1 appearance

for the Canadian Union of Public Employees, Local 79

J. James NymanCounsel
1 appearance

for The Christian Reformed Church in North America – Canada Corporation, The Christian Reformed Church in North America, and Classis Hamilton

Sean JacksonCounsel
1 appearance

for the Intervenor

Susan BallantyneCounsel
1 appearance
Laurie KentCounsel
1 appearance
Michael McCrearyCounsel
1 appearance
Howard GoldblattCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Devon PaulCounsel
1 appearance
Pavle MasicCounsel
1 appearance

for the Ontario Nurses' Association

Colin JohnsonCounsel
1 appearance

for the Ontario Public Service Employees Union

Ed HolmesCounsel
1 appearance

for the Proposed Intervenor

Katherine FerreiraCounsel
1 appearance

for the Proposed Respondent

Elyse MallinsCounsel
1 appearance

for the Respondent

Nancy Jammu-TaylorCounsel
6 appearances
Sari SpringerCounsel
4 appearances
Daniel McDonaldCounsel
4 appearances
Erin PorterCounsel
3 appearances
Thomas StefanikCounsel
3 appearances
Carita PereiraCounsel
2 appearances
Christopher BurkettCounsel
2 appearances
Saba ZiaCounsel
2 appearances
Sean JacksonCounsel
2 appearances
Jordana JosephCounsel
2 appearances
Adrian MiedemaCounsel
2 appearances
Andrea YorkCounsel
2 appearances
Samantha ThorntonAgent
2 appearances
Matthew OrchardCounsel
1 appearance
C. April StewartAgent
1 appearance
Lucy SiracoCounsel
1 appearance
Shaheynoor TalukderCounsel
1 appearance
Lorraine PorCounsel
1 appearance
Roy FilionCounsel
1 appearance
Robert J. AtkinsonCounsel
1 appearance

for the Respondent 1243564 Ontario Limited o/a Total Scrap Management

Suzanne PorterCounsel
1 appearance

for the Respondent Andrea Sequeira

Nicole ChrolaviciusCounsel
1 appearance

for the Respondent Andriy Tsurkan

Andriy TsurkanSelf-represented
1 appearance

for the Respondent Anthony Hutchinson

Anthony HutchinsonSelf-represented
1 appearance

for the Respondent Bombardier Transportation Canada Inc.

Michael HorvatCounsel
1 appearance

for the Respondent Brant Artillery Gunners Club Incorporated

Michael WhiteCounsel
1 appearance

for the Respondent Canadian Union of Public Employees and its Local 133

Mona StaplesCounsel
1 appearance

for the Respondent Cotton Inc.

Bradley J. TroupCounsel
1 appearance

for the Respondent DTZ Canada Incorporated

William T. MaccoCounsel
1 appearance

for the Respondent ECE Distribution Ltd. o/a Branded Merchandise and Proposed Respondent Cooney Promotions Inc.

John A. AnnenCounsel
1 appearance

for the Respondent George Cole

Raj AnandCounsel
1 appearance

for the Respondent Giuseppe Alessandro

Richard KestenAgent
1 appearance
Tom GagovskiAgent
1 appearance

for the Respondent Henry Rivas

Crista ReaCounsel
1 appearance

for the Respondent Hudson Bay Company

Maria KotsopoulosCounsel
1 appearance

for the Respondent Loblaw Companies Limited

Zoe KingCounsel
1 appearance

for the Respondent Michael Burns

Daniel CondonCounsel
1 appearance

for the Respondent Office of the Independent Police Review Director

Jean C.H. IuCounsel
1 appearance

for the Respondent R.A. Centre

Andrew ListerCounsel
1 appearance

for the Respondent Right at Home Realty Inc. Brokerage

Michael WeberAgent
1 appearance

for the Respondent Rohan Chinniah

Philip KlumakCounsel
1 appearance

for the Respondent Russian Student Association (RSA) at University of Toronto

Valentin SotovAgent
1 appearance

for the Respondent Ryder Truck Rental Canada Ltd.

Andrew BrattCounsel
1 appearance

for the Respondents

Lyne LavergneCounsel
3 appearances
John-Paul AlexandrowiczCounsel
3 appearances
Brian SilvaCounsel
2 appearances
Nick StilloSelf-represented
2 appearances
Omo AkintanCounsel
2 appearances
Bruce DormanSelf-represented
2 appearances
Geneviève DebanéCounsel
2 appearances
William BourneSelf-represented
2 appearances
Elaine BourneSelf-represented
2 appearances
Leola PonCounsel
1 appearance
Glenn ChristieCounsel
1 appearance
Laura K. WilliamsCounsel
1 appearance
David TurnerCounsel
1 appearance
Richard WilliamsSelf-represented
1 appearance
Andrew PorterCounsel
1 appearance
Pranavan GaneshalingamSelf-represented
1 appearance
Peter OsborneCounsel
1 appearance
Andrew CooperSelf-represented
1 appearance
Brennagh SmithCounsel
1 appearance
Allison TaylorCounsel
1 appearance

for the Respondent Service Employees International Union Local 1 Canada

Helen NowakCounsel
1 appearance

for the Respondent Service Employees International Union Local 2, Brewery, General & Professional Workers’ Union

Bruce PriceCounsel
1 appearance

for the Respondents Fanshawe College of Applied Arts and Technology, Scott Dart, and Jeff Low

David FosterCounsel
1 appearance

for the Respondents Imrana Jeoffrey and James Hanson

Vicky SattaCounsel
1 appearance

for the Respondents Michael McInnis and Constantina Tsilimigras

Jeffrey AndrewCounsel
1 appearance
Andrew MacIsaacCounsel
1 appearance

for the Respondents The Algonquin College of Applied Arts and Technology, Cynthia Poulin, Amandah Selvey, Reuben Helder, Louise Cowley, and Marjan Ghannad

Chris RutherfordCounsel
1 appearance

for the Respondents The Governing Council of the University of Toronto and Vera Bril

Sari SpringerCounsel
1 appearance

for the Respondents The Regional Municipality of York Police Services Board, Andrew Burford, Olena Duff, Carley Nisbett, John Parker, Chris Palmer, Darren Hodskins, Ron Peever, Barbara Sanders, Brad Plummer, and Cathy Mathews

Anthony DeianaCounsel
1 appearance

for the Respondent Stuart Schoeman

Matthew A. FisherCounsel
1 appearance

for the Respondent TD Bank Group

Pierre BitzAgent
1 appearance

for the Respondent Teamsters Canada Rail Conference – Division 660

Laura ReaumeAgent
1 appearance

for the Respondent The College of Physicians and Surgeons of Ontario

Michelle GibbsCounsel
1 appearance

for the Respondent The Corporation of the City of Niagara Falls

Mark MasonCounsel
1 appearance

for the Respondent The Governing Council of the University of Toronto

Sari SpringerCounsel
2 appearances

for the Respondent The TDL Group Corporation

James D. HeeneyCounsel
1 appearance

for the Respondent Thunder Bay Police Association

Katie RowenCounsel
1 appearance

for the Respondent Thunder Bay Police Services Board

Robert EdwardsCounsel
1 appearance

for the Respondent Toronto Police Services Board

David GourlayCounsel
1 appearance
Antonella CeddiaCounsel
1 appearance

for the Respondent Unifor

Mike ArmstrongAgent
1 appearance

for the Respondent United Food and Commercial Workers Union Canada, Local 175

Marcia BarryCounsel
1 appearance
Erin WallaceCounsel
1 appearance

for the Respondent University Health Network

Naomi MargoCounsel
1 appearance

for the Respondent Voysus Group Inc.

Kashif RazaAgent
1 appearance

for the Respondent West Park Healthcare Centre

Sarah EvesCounsel
1 appearance

for the Respondent William Blair

Adam GuyCounsel
2 appearances
Lisa CabelCounsel
1 appearance
Naomi CallaCounsel
1 appearance
Melany FranklinCounsel
1 appearance

for the Toronto Catholic District School Board, Desi Smulan and Rose Balmbra

Paul MatthewsCounsel
1 appearance

for the Toronto Police Services Board

David GourlayCounsel
1 appearance
Antonella CeddiaCounsel
1 appearance

for the Union

J. James NymanCounsel
1 appearance

for Thomas Gold Pettingill LLP

Lambert BoendersCounsel
1 appearance

for Toronto Cricket Skating and Curling Club

Assunta MazzottaCounsel
1 appearance

for Toronto Police Services Board, William Blair and Larry Sinclair

Ian SolomonCounsel
1 appearance

for United Food and Commercial Workers Canada, Local 1000A

Jeff AndrewCounsel
1 appearance

for United Food and Commercial Workers Union Canada, Local 175

Marcia BarryCounsel
1 appearance
Erin WallaceCounsel
1 appearance

for United Steelworkers Local 252G

Dale HoggUnion representative
1 appearance

for William Blair

Adam GuyCounsel
1 appearance
Naomi CallaCounsel
1 appearance

for William Blair, John Moreira and Wayne O’Riordan

Lisa CabelCounsel
1 appearance
Naomi CallaCounsel
1 appearance

on her own behalf

Katie ConnorSelf-represented
1 appearance

On her own behalf

Christine LongtinSelf-represented
1 appearance
Susan ShawSelf-represented
1 appearance
Manminder JagaitSelf-represented
1 appearance
Malika MounirSelf-represented
1 appearance
Kara FlanaganSelf-represented
1 appearance

On Her Own Behalf

Donna JennerSelf-represented
1 appearance
Joanne BlanchetteSelf-represented
1 appearance

On his own behalf

Raymond MortonSelf-represented
1 appearance
Frank QuattrociSelf-represented
1 appearance
Frank PaternoSelf-represented
1 appearance
Sona BaruaSelf-represented
1 appearance
Jason AndersonSelf-represented
1 appearance
John FlemingSelf-represented
1 appearance
Damola AlabiSelf-represented
1 appearance
Dawit TuquaboSelf-represented
1 appearance

On His Own Behalf

Raffaele (Ralph) CapocciSelf-represented
1 appearance
Sona BaruaSelf-represented
1 appearance
John LarkeSelf-represented
1 appearance
John FlemingSelf-represented
1 appearance

Representative

John VaccherAgent
1 appearance

Respondent

John FarantSelf-represented
1 appearance
Christine AshtonCounsel
1 appearance
Prabha HaranSelf-represented
1 appearance
Andrea DenovanCounsel
1 appearance

Respondent/Proposed Intervenor

Shaheen HiraniCounsel
1 appearance

Respondents

William S. CookCounsel
1 appearance

Self-represented

Kelly McNultySelf-represented
1 appearance
Mira FreidinSelf-represented
1 appearance
Leonardo GaluegoSelf-represented
1 appearance

567

Decisions

Years active

Tribunals

5.2

cases/mo

HRTO567(100%)

Decision types

motion

508

trial

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Landlord and Tenant

Bankruptcy and Insolvency Law

Workplace Safety and Insurance Law

Real Estate Law

Corporate/Commercial Law

Workers' Compensation

Ken Bhattacharjee

Vice-Chair·Human Rights Tribunal of Ontario·Since 2008

567

cases · 10 yrs · HRTO

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 424Adjudicator· 94Vice-chair· 32Vice-Chair· 10Adjudicator· 7

Jane Gooding

15 cases2009–2018

Ken Bhattacharjee

Human rights application deferred pending conclusion of concurrent grievance proceeding regarding employment termination.

The applicant filed a human rights application alleging that his employment was terminated because of his disability.

Prior to filing the application, his union had filed a grievance regarding the termination, which was referred to arbitration.

The applicant requested that the Tribunal defer the application pending the conclusion of the grievance proceeding.

The respondent opposed deferral, arguing that the grievance did not raise human rights issues and that the Tribunal must first determine if the application was timely.

Darrell Hicks v. Hamilton-Wentworth District School Board, 2016 HRTO 1091

Lori Mishibinijima

12 cases2010–2017

Ken Bhattacharjee

Human rights applications consolidated; preliminary dismissal denied as LTB did not address discrimination allegations.

The applicants filed separate human rights applications alleging discrimination in housing by the respondents.

The respondents requested preliminary dismissal under s. 45.1 of the Human Rights Code, arguing that prior Landlord and Tenant Board proceedings dealt with the substance of the applications.

The Tribunal consolidated the applications to avoid a multiplicity of proceedings.

The Tribunal dismissed the respondents' request for preliminary dismissal, finding that the Landlord and Tenant Board orders did not address the allegations of discrimination.

Monahan v. Cook, 2016 HRTO 1086

Lauri Reesor

26 cases2010–2026

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioAug 12, 2016

Human rights application against a bank dismissed for lack of provincial jurisdiction.

The applicant filed a human rights application alleging employment discrimination against the Canadian Imperial Bank of Commerce.

The respondent argued the application should be dismissed as banking falls under federal jurisdiction.

The Tribunal agreed, noting that under s. 91(15) of the Constitution Act, 1867, banking is within federal jurisdiction.

The application was dismissed for lack of jurisdiction.

Atwijiyor v. Canadian Imperial Bank of Commerce, 2016 HRTO 1076

Matthew Curtis

6 cases2015–2017

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioAug 11, 2016

Human rights application deferred pending conclusion of concurrent WSIB proceeding regarding the same workplace injury.

The applicant filed a human rights application alleging discrimination with respect to employment because of a disability following a workplace injury.

The respondent requested that the Tribunal defer the application pending the conclusion of an ongoing WSIB proceeding regarding the same injury.

The Tribunal found that deferral was the most fair, just, and expeditious way to proceed, given the clear overlap in facts and issues and the potential for inconsistent findings.

The application was deferred pending the conclusion of the WSIB proceeding.

Seto Soo-Hoo v. Drakkar & Partners Inc., 2016 HRTO 1065

Ken Bhattacharjee

Human rights application deferred pending conclusion of respondent's bankruptcy proceeding.

The applicant filed a human rights application against the respondent.

The respondent subsequently filed for bankruptcy, triggering an automatic stay of proceedings under section 69 of the Bankruptcy and Insolvency Act.

Kitsis v. Di-Cut Industries Ltd., 2016 HRTO 1061

Ken Bhattacharjee

Practising Law - Employed33 cases2007–2025

Request to change summary hearing format from teleconference to in-person or in writing denied.

The applicant requested that an upcoming summary hearing, scheduled to proceed by teleconference, be held in-person or in writing.

The Tribunal denied the request, finding no compelling reason to depart from the standard practice of holding summary hearings by teleconference.

Katherine Lin v. Jin Cheng, 2016 HRTO 1060

Cheryl Ellison

Ken Bhattacharjee

Deferred human rights application reactivated following conclusion of Social Benefits Tribunal proceeding; summary hearing denied.

The applicant filed a Request for an Order During Proceedings to reactivate her deferred human rights application following the conclusion of a proceeding before the Social Benefits Tribunal.

The respondent did not take a position on the reactivation but filed a Request for Summary Hearing.

The Tribunal granted the applicant's request to reactivate the application, finding she complied with Rules 14.3 and 14.4.

The Tribunal denied the respondent's Request for Summary Hearing without reasons, pursuant to Rule 19A.5.

Mira Freidin v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services, 2016 HRTO 1059

Wade Poziomka

55 cases2011–2017

Amanda Lawrence

9 cases2014–2016

Ken Bhattacharjee

Practising Law - Employed18 cases2010–2016

Individual respondents removed from human rights application; request to amend application with new allegations denied.

The applicant filed a human rights application alleging discrimination and reprisal regarding a request for a medical leave of absence following her maternity leave.

The respondents requested the removal of three individual management staff as respondents.

The applicant requested to amend her application to add new allegations regarding a subsequent return to work process.

The Tribunal granted the request to remove the individual respondents, finding the corporate respondent was fully liable and capable of remedying any infringement.

The Tribunal denied the applicant's request to amend the application, finding the new allegations were different in nature and would cause significant delay to the scheduled hearing.

Breau v. Halton (Regional Muncipality), 2016 HRTO 1055

Christian Vernon

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioAug 3, 2016

Human rights application dismissed as untimely; waiting for union grievance did not justify filing delay.

The applicant requested to reactivate his deferred human rights Application following the dismissal of his Duty of Fair Representation complaint at the OLRB.

The respondent requested that the Application be dismissed on a preliminary basis because it was filed outside the one-year time limit under section 34(1) of the Human Rights Code.

The Tribunal granted the reactivation but ultimately dismissed the Application, finding that the last alleged incident of discrimination occurred upon termination, making the Application late.

The Tribunal further held that the delay was not incurred in good faith, as waiting for the union grievance process to conclude did not justify failing to file a timely human rights Application.

Whittingham v. Metro Ontario Inc., 2016 HRTO 1027

Robert Whitmore

1 case2016–2016

John Fraser

3 cases2015–2016

Ken Bhattacharjee

Practising Law - Employed20 cases2005–2017

Tribunal grants request to add individual respondent to human rights application alleging sexual harassment.

The applicant filed an application alleging discrimination and sexual harassment against her employer.

After retaining counsel, she brought a Request for an Order During Proceedings to add a lead hand and a co-worker as individual respondents.

The request to add the co-worker was deferred because the request had not been properly delivered to him.

Pamela King v. TMF Foods Ltd. and Jeff Porter, 2016 HRTO 1016

Patricia Matusiak

Ken Bhattacharjee

Individual respondent removed from human rights application; request for summary hearing denied.

The applicant filed a human rights application alleging employment discrimination based on race, sex, and family status against the Toronto Transit Commission and an individual respondent.

The respondents requested the removal of the individual respondent and a summary hearing.

As the applicant did not respond, the Tribunal granted the request to remove the individual respondent.

The request for a summary hearing was denied without reasons, pursuant to the Tribunal's Rules of Procedure.

Ogbonna v. Toronto Transit Commission, 2016 HRTO 1015

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJul 25, 2016

Tribunal consolidates human rights applications and adds a respondent, but denies request to add new discrimination allegations.

The applicants, who were tenants in a rental house, filed human rights applications alleging discrimination based on age and association.

They brought requests for orders during the proceeding to consolidate the applications, add a respondent, and amend the applications.

The Tribunal granted the request to consolidate the applications, finding common issues of fact and law and no prejudice.

The Tribunal also granted the request to add the respondents' father as a respondent, as there were allegations that could support a finding he violated the Code.

Sweeney-Tobin v. Ganeshalingam, 2016 HRTO 972

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJul 21, 2016

Request to reactivate deferred application denied due to failure to comply with Tribunal rules.

The applicant filed a Request for an Order During Proceedings to reactivate her deferred human rights application.

The applicant failed to respond to the Case Assessment Direction or re-file her request.

Consequently, the Tribunal denied the request to reactivate the deferred application.

Nasrin Gholamipour-Barmakiz v. University Health Network, 2016 HRTO 960

Anne Posno

Practising Law - Employed8 cases1996–2025

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJul 19, 2016

Tribunal grants request to audio record hearing continuation but denies transcript and adjournment requests.

The applicant also requested an adjournment.

The Tribunal ordered that the continuation of the hearing be audio recorded but denied the request for a transcript as the previous days were not recorded.

The Tribunal noted that directions regarding cross-examination had already been given and complied with, and that disclosure obligations had been met.

The request for an adjournment was dismissed.

Dolny v. College of Massage Therapists of Ontario, 2016 HRTO 943

Wesley Jamieson

4 cases2016–2017

Christopher Sinal

7 cases2013–2018

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJul 11, 2016

Human rights application dismissed as untimely because applicant failed to establish delay was incurred in good faith.

The applicant filed a human rights application alleging discrimination by her employer.

The respondent requested the application be dismissed on a preliminary basis because it was filed outside the one-year time limit under section 34(1) of the Human Rights Code.

The Tribunal found that the last alleged incident of discrimination occurred before September 22, 2014, making the September 28, 2015 application untimely.

The application was dismissed.

Vincenza Mastroianni v. Siskinds LLP, 2016 HRTO 906

Ken Bhattacharjee

In Private Practice2 cases2016–2017

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

The Tribunal previously issued an Interim Decision requiring the applicant to confirm whether she intended to bring a motion in court to lift a stay of proceedings against the respondent franchisee.

The applicant failed to respond by the deadline.

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

Virgin Elgin v. 2112412 Ontario Incorporated o/a Bagel World Thornhill, 2016 HRTO 890

Russell Groves

Rachel Goldenberg

7 cases2013–2022

Ken Bhattacharjee

Application for contravention of settlement dismissed after applicant failed to attend preliminary hearing.

The applicant filed an Application for Contravention of Settlement against the respondents.

A preliminary hearing was scheduled to determine whether the Application should be dismissed.

The applicant failed to attend the teleconference hearing despite receiving notice.

The Tribunal proceeded in his absence, removed two respondents who were not parties to the settlement, and dismissed the Application as abandoned.

Said v. IIWI Foods Inc., 2016 HRTO 889

Katherine Ford

9 cases2008–2022

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJun 21, 2016

Human rights application dismissed as abuse of process due to prior binding settlement and release.

The applicant argued the settlement should be set aside due to fraudulent misrepresentation, financial pressure, and depression.

The Tribunal found the settlement terms clear and unambiguous, rendering extrinsic evidence inadmissible.

The Tribunal also found insufficient evidence of economic duress or lack of capacity.

The application was dismissed as an abuse of process for attempting to re-litigate settled issues.

Joe Panchyshyn v. Canadian Base Operators and Black & McDonald Limited, 2016 HRTO 835

Saron Gebresellassi

Suspended7 cases2016–2023

Kevin Sherkin

In Private Practice1 case2016–2016

Ken Bhattacharjee

HRTOHuman Rights Tribunal of OntarioJun 10, 2016

Human rights application against franchisor dismissed as it lacked day-to-day control over bankrupt franchisee.

The applicant alleged racial discrimination when she was denied the ability to sit and drink her coffee at a Bagel World franchise.

The franchisee subsequently went bankrupt, and the applicant sought to hold the franchisor vicariously liable.

The Tribunal held a summary hearing to determine if the application against the franchisor had a reasonable prospect of success.

The application against the franchisor was dismissed.

Elgin v. 2112412 Ontario Incorporated o/a Bagel World Thornhill, 2016 HRTO 791

Dan Palayew

10 cases1995–2016

Ken Bhattacharjee