Leslie Reaume

HRTOHuman Rights Tribunal of OntarioOct 22, 2012

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

The applicant filed an application alleging discrimination with respect to services because of race, colour, ancestry, place of origin, citizenship, ethnic origin, and association.

The applicant failed to attend the scheduled hearing.

The Tribunal dismissed the application as abandoned.

Thondhlana v. Ottawa Police Services Board, 2012 HRTO 1989

Leslie Reaume

HRTOHuman Rights Tribunal of OntarioOct 15, 2012

Human rights application deferred pending the resolution of an ongoing related union grievance.

The applicant filed a human rights application under section 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Defer the application because a related grievance dealing with the same subject-matter was ongoing.

Only the respondents filed submissions, confirming the grievance was active.

To avoid concurrent proceedings and the possibility of inconsistent decisions, the Tribunal deferred the application pending the conclusion of the grievance and arbitration procedure.

Kathleen Gillis v. City of Greater Sudbury, Michael Gringorten, Nick Benkovich, Karen Matthies, and Kevin Fowke, 2012 HRTO 1956

Marie MacDonald

1 case2012–2012

Leslie Reaume

HRTOHuman Rights Tribunal of OntarioOct 15, 2012

Human rights application alleging discrimination and reprisal in medical services dismissed for no reasonable prospect of success.

The applicant, who self-identifies as having mental health problems, alleged discrimination and reprisal by the respondents in the provision of medical services and the handling of her subsequent complaints.

The respondents requested that the application be dismissed for having no reasonable prospect of success.

The Tribunal found that the applicant could not point to evidence demonstrating a link between the respondents' actions and her disability, nor could she substantiate her allegations of reprisal.

The application was dismissed as having no reasonable prospect of success.

Macanovic v. Mount Sinai Board of Directors, 2012 HRTO 1954

Leslie Reaume

Human rights application deferred pending resolution of related Employment Standards Act claim.

The applicant filed a human rights application alleging discrimination in employment on the basis of sex (pregnancy).

The Tribunal considered whether to defer the application pending the resolution of a related claim under the Employment Standards Act.

Finding that the factual circumstances were identical and the potential remedies overlapped, the Tribunal deferred the application to avoid the risk of inconsistent findings.

Currie v. Charm Diamond Centres, 2012 HRTO 1920

Leslie Reaume

Human rights application deferred pending the resolution of a related ongoing grievance proceeding.

The applicant filed an application alleging discrimination with respect to employment because of disability.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of a related grievance dealing with the same subject matter.

The applicant did not oppose the deferral.

The Tribunal ordered the application deferred to avoid the possibility of inconsistent decisions on facts or law, noting the applicant could request to reactivate the application within 60 days after the conclusion of the grievance proceeding.

Donald Mills v. Anishinabek Police Service and John Syrette, 2012 HRTO 1911

Robert B. Budd

5 cases1994–2012

Leslie Reaume

Applicant ordered to provide copies of arguably relevant documents within 15 days pursuant to Rule 16.

The respondents brought a Request for Order during Proceedings regarding the applicant's failure to comply with disclosure requirements under Rule 16 of the Tribunal's Rules of Procedure.

The applicant had provided a list of arguably relevant documents but not the copies.

The Tribunal ordered the applicant to provide copies of all arguably relevant documents within 15 days, warning that failure to comply could result in the exclusion of evidence at the hearing.

Patricia Constance Bird v. Toronto Hostels Training Centre and Ruth Gillson, 2012 HRTO 1910

Leslie Reaume

Request for reconsideration denied as it was an attempt to reargue the case.

The applicant requested a reconsideration of a Tribunal decision that dismissed his application following a summary hearing.

The applicant argued that the summary hearing process was discriminatory based on his disability and disagreed with the adjudicator's interpretation of the facts.

The Tribunal found that the applicant was given ample opportunity to present his case and that the request was merely an attempt to reargue the case.

The request for reconsideration was denied.

Nana Kow Kuffuor v. Carleton University, 2012 HRTO 1909

Sharon Duffy

9 cases2009–2014

Leslie Reaume

HRTOHuman Rights Tribunal of OntarioOct 5, 2012

Human rights application deferred pending completion of related grievance proceeding to avoid inconsistent decisions.

The respondent requested to defer the human rights application alleging disability discrimination pending the completion of a related grievance proceeding.

The Tribunal found that the grievance and the application were based on the same facts and issues.

To avoid the possibility of inconsistent decisions, the Tribunal granted the request and deferred the application.

Franco D’Eramo v. Toronto Catholic District School Board, 2012 HRTO 1897

Leslie Reaume

HRTOHuman Rights Tribunal of OntarioOct 4, 2012

Reconsideration granted where applicant did not receive notice of direction before application was dismissed.

The applicant requested a reconsideration of a Tribunal decision that dismissed her human rights application as abandoned for failing to comply with a Case Assessment Direction.

The applicant submitted that she did not receive a copy of the direction.

The Tribunal granted the request for reconsideration, finding that the applicant was entitled to notice that her application was vulnerable to dismissal, and directed the Registrar to schedule a one-day hearing.

Sohiala Khaksar v. International Clothiers, 2012 HRTO 1887

Leslie Reaume

Request for reconsideration of timeliness dismissal denied as conference call was unnecessary.

The applicant filed a request for reconsideration of a decision that dismissed his human rights application for timeliness.

The applicant argued he was entitled to have a conference call rescheduled.

The Tribunal found that the applicant had been directed to respond to the timeliness issue in writing, and a conference call was unnecessary after the application was dismissed on that basis.

The request for reconsideration was denied.

Campbell v. Papa Larry’s Restaurant, 2012 HRTO 1877

Leslie Reaume

Practising Law - Employed24 cases2012–2024

Human rights application deferred pending resolution of related small claims court action.

The applicant filed a human rights application alleging discrimination in housing on the basis of race and ethnic origin.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of a related small claims court action initiated by the applicant, which dealt with the same subject matter except for one incident.

As the parties did not file submissions opposing the deferral, the Tribunal ordered the application deferred to avoid concurrent proceedings and the possibility of inconsistent decisions.

Farenga v. Wilson-Blanchard Property Management, 2012 HRTO 1882

Nadia Laeeque

Leslie Reaume

Human rights application deferred pending the outcome of a related criminal proceeding.

The respondents requested an order to defer the human rights application pending the outcome of a related criminal proceeding involving the applicant.

The Tribunal found that deferral was appropriate because the legal issues in both proceedings arose out of the same factual circumstances, the applicant consented to the deferral, and proceeding concurrently would risk inconsistent findings.

The application was deferred.

MacQueen v. Ontario (Attorney General), 2012 HRTO 1880

Arthur Tarasuk

5 cases1994–2013

Leslie Reaume

Human rights application dismissed because the employee failed to disclose his learning disability to the employer.

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

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

The applicant acknowledged that he did not inform the respondent employer of his learning disability when he requested more time to learn tasks during his training period.

The Tribunal found that because the applicant failed to disclose his disability, there was no evidence connecting the employer's actions to a prohibited ground under the Code.

The application was dismissed for having no reasonable prospect of success.

Barnes v. Bruce Stone Enterprises Ltd., 2012 HRTO 1879

Tribunal removes most individual respondents but retains manager alleged to have engaged in personal discriminatory conduct.

The applicant filed a human rights application alleging discrimination in employment based on disability.

The Tribunal held a summary hearing to determine whether the application should be dismissed against the WSIB and an individual respondent, and whether other individual respondents should be removed.

On consent, the application was dismissed against the WSIB and one individual, and other individual respondents were removed.

However, the Tribunal declined to remove the applicant's manager as a personal respondent, finding that he was alleged to have engaged in personal conduct for which the organizational respondent might be vicariously liable, but which it did not endorse.

Ruddick-Scott v. Niagara Health System, 2012 HRTO 1862

Patrick Brode

26 cases1985–2023

Matthew Todd

15 cases2012–2023

Leslie Reaume

HRTOHuman Rights Tribunal of OntarioSep 27, 2012

Older discrimination allegations dismissed as out of time; recent racist comments permitted to proceed.

The applicant filed a human rights application alleging racial discrimination, harassment, and reprisal by his employer over several years.

The respondent requested dismissal of the application, arguing that most allegations were out of time or governed by the collective agreement.

The Tribunal found that the applicant failed to establish good faith for the delay in filing the older allegations.

However, the Tribunal permitted four recent allegations of racist comments to proceed, finding they constituted a series of incidents within the statutory time limit.

The matter was adjourned pending the outcome of a related application by a co-worker.

Louis Daniel Davis v. The Corporation of the City of Windsor, 2012 HRTO 1848

Denyse Boulet

13 cases2012–2026

Leslie Reaume

HRTOHuman Rights Tribunal of OntarioSep 26, 2012

Summary hearing dismissal denied; discrimination application regarding volunteer Cub leader position to proceed to full hearing.

The applicant, a disabled single mother, alleged discrimination on the basis of disability, sexual orientation, family status, or marital status after being denied a volunteer position as a Cub leader with Scouts Canada.

The Tribunal held a summary hearing to determine if the application had no reasonable prospect of success.

Finding that the applicant had presented circumstantial evidence and that the respondent possessed most of the relevant information regarding the denial, the Tribunal concluded it was premature to dismiss the application and ordered it to proceed to a full hearing.

Comrie v. Scouts Canada, 2012 HRTO 1834

Gurjit Brar

48 cases2008–2015

Leslie Reaume

HRTOHuman Rights Tribunal of OntarioSep 19, 2012

Human rights application alleging discrimination in WSIB benefit administration dismissed for no reasonable prospect of success.

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

He claimed the WSIB required him to provide a new medical note every 12 weeks to continue chiropractic treatment for a workplace injury, unlike individuals taking medication.

The Tribunal held a Summary Hearing and dismissed the application, finding that the allegations related to administrative issues associated with benefit continuation and not to the ground of disability under the Code.

The Tribunal concluded it does not have the general power to deal with alleged unfairness in benefit programs.

Waite v. Workplace Safety and Insurance Board, 2012 HRTO 1789

Leslie Reaume

HRTOHuman Rights Tribunal of OntarioSep 18, 2012

Summary hearing dismissed; pregnancy discrimination application to proceed to a full hearing.

The Tribunal held a summary hearing to determine whether the applicant's human rights application, alleging discrimination with respect to contracts because of sex (pregnancy), had no reasonable prospect of success.

The applicant alleged that her business partner took away responsibilities and refused to accommodate her need to rest during her pregnancy.

The respondent did not participate in the hearing.

The Tribunal found that the applicant's oral submissions clarified the basis for her application and the connection between her pregnancy and the respondent's conduct.

The Tribunal concluded that the application should proceed to a full hearing.

Anita Nijjer v. Cheryl Ann Brodie-Achaibar, 2012 HRTO 1762

Raj Anand

54 cases1981–2017

Leslie Reaume

HRTOHuman Rights Tribunal of OntarioSep 14, 2012

Human rights application against nursing college dismissed summarily for having no reasonable prospect of success.

The applicant, a nurse, filed a human rights application alleging discrimination on the basis of disability, age, and record of offences against the College of Nurses of Ontario and several individuals.

The allegations stemmed from a Fitness to Practise Committee hearing that resulted in the suspension of her certificate of registration due to a finding of incapacity related to bipolar disorder.

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

The Tribunal noted that adjudicative immunity protected the panel members, opposing counsel were not covered by the Code, and the applicant failed to point to evidence linking the College's actions to discriminatory stereotypes rather than its statutory mandate to assess competence.

Pidgeon v. College of Nurses of Ontario, 2012 HRTO 1712

Charles Gibson

3 cases2007–2012

Leslie Reaume