Loretta Mikus

Sheila Block

Reva Landau

Peter Israel

Geri Sanson

E. Polak

Aubrey Golden

HRTODissenting0 cases1993–1995

Ruth Hartman

Loretta Mikus

HRTOMajority (Wrote the majority reasons)0 cases1993–2016

Frederick Zemans

HRTOConcurring0 cases1993–1994

HRTOHuman Rights Tribunal of OntarioOct 22, 1993

Board of Inquiry lacks jurisdiction where Commission fails to fulfill statutory duty to attempt settlement.

The respondents brought preliminary motions to dismiss human rights complaints regarding the display and sale of pornographic magazines in convenience stores.

The primary motion argued that the Board of Inquiry lacked jurisdiction because the Human Rights Commission failed to fulfill its statutory obligation to endeavour to effect a settlement before requesting the appointment of a board.

The majority of the Board agreed, finding that the Commission's failure to make satisfactory settlement efforts was a breach of a mandatory condition precedent, rendering the Board without jurisdiction to proceed.

The motions to dismiss on the merits and on constitutional grounds were dismissed as premature.

Findlay v. Mike's Smoke and Gifts (No. 4), 1993 CanLII 16461 (ON HRT)

Walter Fox

Sheila Block

Reva Landau

Peter Israel

Geri Sanson

E. Polak

Aubrey Golden

Ruth Hartman

Loretta Mikus

Frederick Zemans

HRTOHuman Rights Tribunal of OntarioApr 29, 1993

Motion for pre-hearing disclosure of human rights investigation and conciliation records dismissed as privileged and premature.

The respondents in a human rights complaint regarding the display of pornographic magazines brought a preliminary motion seeking full disclosure of the Commission's investigation notes, conciliation records, and other documents.

The Board of Inquiry dismissed the motion, holding that there is no pre-hearing discovery in human rights proceedings.

The respondents are only entitled to 'reasonable information' of the allegations against them under section 8 of the Statutory Powers Procedure Act.

Furthermore, notes and correspondence relating to conciliation are privileged to encourage open settlement discussions.

Findlay v. Mike's Smoke and Gifts (No. 2), 1993 CanLII 16454 (ON HRT)

Walter Fox

Sheila Block

Reva Landau

Peter Israel

Geri Sanson

E. Polak

Aubrey Golden

Ruth Hartman

Loretta Mikus

Frederick Zemans

HRTOHuman Rights Tribunal of OntarioApr 27, 1993

Applicants granted amicus curiae intervener status to make submissions in sex discrimination inquiry.

In a human rights complaint alleging that the display and sale of pornographic magazines in convenience stores discriminates against women, 31 organizations applied for interested party status.

The Board of Inquiry held that the Human Rights Code does not permit adding the applicants as full parties.

However, the Board granted the applicants intervener status as amicus curiae, allowing them to make written submissions at the conclusion of the case, with the possibility of oral argument or calling evidence if deemed helpful and non-prejudicial.

Findlay v. Mike's Smoke and Gifts (No. 1), 1993 CanLII 16430

Counsel for the Commission

Tony GriffinCounsel
1 appearance
Sharon Ffolkes-AbrahamsCounsel
1 appearance
Jennifer ScottCounsel
1 appearance

Counsel for the Complainant

Paul OsierCounsel
1 appearance

Counsel for the Ontario Human Rights Commission

J. ScottCounsel
1 appearance

Counsel for the Respondent Four Star Variety

Peter IsraelCounsel
1 appearance

Counsel for the Respondent Mike's Smoke and Gifts

Walter FoxCounsel
1 appearance

Counsel for the Respondents

Michael MauroCounsel
1 appearance
Graydon SheppardCounsel
1 appearance
T. O'FlahertyCounsel
1 appearance

for Playboy Enterprises Inc.

Aubrey GoldenCounsel
4 appearances

for the Canadian Civil Liberties Association

E. PolakCounsel
3 appearances
Sheila BlockCounsel
3 appearances

for the Commission

Sharon Ffolkes-AbrahamsCounsel
1 appearance

for the Complainant P. Findlay

Reva LandauCounsel
3 appearances

for the Employer

Lucy NealAgent
8 appearances
Ferina MurjiCounsel
5 appearances
George ParrisCounsel
4 appearances
Cathy PhanCounsel
4 appearances
Glenn ChristieCounsel
3 appearances
Suneel BahalCounsel
3 appearances
Fateh SalimCounsel
3 appearances
Gurjit BrarCounsel
3 appearances
Alison RentonCounsel
3 appearances
Kevin DorganCounsel
2 appearances
Ann FowlerAgent
2 appearances
Caroline CohenCounsel
2 appearances
Jennifer RichardsCounsel
2 appearances
Jonathan RabinovitchCounsel
2 appearances
Kylie HumphreysAgent
2 appearances
Lisa CompagnoneCounsel
2 appearances
Michael BriscoeAgent
2 appearances
Peter DailleboustCounsel
2 appearances
Roslyn BaichooCounsel
2 appearances
Simon HeathCounsel
2 appearances

for the Grievor

Elizabeth MitchellCounsel
2 appearances
David WrightCounsel
1 appearance
Irit KelmanCounsel
1 appearance
Julia NobleCounsel
1 appearance
Mary MacKinnonCounsel
1 appearance
Don MartinUnion representative
1 appearance

for the Ontario Human Rights Commission

Geri SansonCounsel
3 appearances

for the Respondent

William HayterCounsel
1 appearance

for the Respondent Four Star Variety

Peter IsraelCounsel
3 appearances

for the Respondent Mike's Smoke and Gifts

Walter FoxCounsel
3 appearances

for the Union

Scott AndrewsUnion representative
7 appearances
Ed HolmesCounsel
6 appearances
Gavin LeebCounsel
6 appearances
Jim MorrisonUnion representative
3 appearances
David WrightCounsel
3 appearances
Ian FellowsCounsel
3 appearances
Jim GilbertUnion representative
3 appearances
John BrewinCounsel
3 appearances
Lesley GilchristUnion representative
3 appearances
Ryan WhiteCounsel
3 appearances
George RichardsUnion representative
2 appearances
Jim PaulUnion representative
2 appearances
Tim MulhallUnion representative
2 appearances
Mark BarclayUnion representative
2 appearances
Mary MackinnonCounsel
2 appearances
Mary MacKinnonCounsel
2 appearances
Richard BlairCounsel
2 appearances
Seung ChiUnion representative
2 appearances
Indika ChandrasekaraUnion representative
2 appearances
Jane LettonCounsel
2 appearances

on her own behalf

Giovannina MartinieSelf-represented
1 appearance
Lynn GosselinSelf-represented
1 appearance

on his own behalf

Sam FedericoSelf-represented
1 appearance

on their own behalf

Angie WrightonSelf-represented
1 appearance
Gerda VidovicSelf-represented
1 appearance

Third Party

Stephan PoulinSelf-represented
1 appearance

Decisions

Years active

Tribunals

0.3

cases/mo

OGSB76(90%)

HRTO8(10%)

Decision types

motion

trial

costs

/Adjudicator

Loretta Mikus — Board of Inquiry

Employment and Labour Law

Human Rights

Administrative Law

Other Tribunals

Workers' Compensation

Loretta Mikus

Board of Inquiry·Human Rights Tribunal of Ontario·Since 1993

HRTO OGSB

cases · 24 yrs · OGSB, HRTO

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 72Vice Chair· 3Ontario Board of Inquiry· 3Vice-Chairperson· 1Board of Inquiry· 1Ontario Board of Inquiry· 1Board of Inquiry· 1Ontario Board of Inquiry· 1

T. O'Flaherty

1 case1994–1994

Sharon Ffolkes-Abrahams

22 cases1989–2009

Loretta Mikus

HRTO0 cases1993–2016

HRTOHuman Rights Tribunal of OntarioFeb 28, 1994

Aerobics instructor terminated due to pregnancy awarded special and general damages for human rights violation.

The complainant, an aerobics instructor, was terminated from her employment at the respondent ballet school shortly after informing the directors that she was pregnant.

The respondents claimed the termination was due to her refusal to modify her program and sign a legal waiver absolving the school of liability.

The Board of Inquiry found that the termination was a direct result of her pregnancy, constituting discrimination under the Human Rights Code.

The complainant was awarded special damages for lost wages and general damages for embarrassment and mental anguish.

Gosselin v. Kenora Ballet School, 1994 CanLII 18461

Walter Fox

Sheila Block

Reva Landau

Peter Israel

Geri Sanson

E. Polak

Aubrey Golden

HRTODissenting0 cases1993–1995

Ruth Hartman

Loretta Mikus

HRTOMajority (Wrote the majority reasons)0 cases1993–2016

Frederick Zemans

HRTOConcurring0 cases1993–1994

HRTOHuman Rights Tribunal of OntarioOct 22, 1993

Board of Inquiry lacks jurisdiction where Commission fails to fulfill statutory duty to attempt settlement.

The respondents brought preliminary motions to dismiss human rights complaints regarding the display and sale of pornographic magazines in convenience stores.

The motions to dismiss on the merits and on constitutional grounds were dismissed as premature.

Findlay v. Mike's Smoke and Gifts (No. 4), 1993 CanLII 16461 (ON HRT)

Walter Fox

Sheila Block

Reva Landau

Peter Israel

Geri Sanson

E. Polak

Aubrey Golden

Ruth Hartman

Loretta Mikus

Frederick Zemans

HRTOHuman Rights Tribunal of OntarioApr 29, 1993

Motion for pre-hearing disclosure of human rights investigation and conciliation records dismissed as privileged and premature.

The Board of Inquiry dismissed the motion, holding that there is no pre-hearing discovery in human rights proceedings.

The respondents are only entitled to 'reasonable information' of the allegations against them under section 8 of the Statutory Powers Procedure Act.

Furthermore, notes and correspondence relating to conciliation are privileged to encourage open settlement discussions.

Findlay v. Mike's Smoke and Gifts (No. 2), 1993 CanLII 16454 (ON HRT)

Walter Fox

Sheila Block

Reva Landau

Peter Israel

Geri Sanson

E. Polak

Aubrey Golden

Ruth Hartman

Loretta Mikus

Frederick Zemans