Mark Hart

HRTOHuman Rights Tribunal of OntarioJan 16, 2014

Human rights application dismissed; employment changes were due to operational needs, not age or disability.

The applicant, an Early Childhood Assistant, alleged discrimination in employment on the basis of age and disability after her hours were reduced and her employment was ultimately terminated.

She also alleged that the personal respondent made discriminatory age-related comments, creating a poisoned work environment.

The Tribunal found that the reduction in hours and termination were legitimately based on operational changes due to the implementation of full-day kindergarten and the applicant's failure to register as an Early Childhood Educator.

The Tribunal also rejected the applicant's evidence regarding the alleged discriminatory comments, finding her testimony lacked credibility and reliability, and preferred the evidence of the personal respondent.

The application was dismissed.

Ledford v. Friendly Times Child Care Centre, 2014 HRTO 70

Mark Hart

Reconsideration request denied; no reasonable apprehension of bias or error in summary hearing test found.

The applicant requested reconsideration of a previous Tribunal decision that dismissed certain aspects of her human rights application following a summary hearing.

She argued the adjudicator demonstrated a reasonable apprehension of bias and applied an incorrect legal test.

The Tribunal dismissed the reconsideration request, finding no reasonable apprehension of bias and concluding that the original decision correctly applied the 'reasonable prospect of success' standard for summary hearings.

The applicant's request to defer the matter pending judicial review was also denied as premature.

Taucar v. The University of Western Ontario, 2014 HRTO 63

Mark Hart

Request for reconsideration denied because the underlying decision allowing an amended response was not final.

The applicant requested reconsideration of an interim decision that allowed the respondents to file an amended response, and asked that the reconsideration be heard by a different Vice-chair.

The adjudicator declined to recuse himself, finding no reasonable apprehension of bias in reconsidering his own decision.

The request for reconsideration was denied because the underlying decision was an interim decision, not a final decision that disposed of any central issues, as required by Rule 26.1 of the Tribunal's Rules of Procedure.

The Tribunal also admonished the parties regarding their uncivil communications and the improper sharing of without prejudice settlement discussions.

Moore v. Ferro & Company, 2014 HRTO 62

Mark Hart

HRTOHuman Rights Tribunal of OntarioJan 8, 2014

Contravention of settlement application dismissed due to lack of evidence of confidentiality breach.

The applicant filed a Contravention of Settlement Application alleging that the respondent breached the confidentiality provision of their Minutes of Settlement.

The applicant claimed that a Facebook post by a third party and an internal email sent by the respondent to its management team constituted breaches.

The Tribunal found no evidentiary basis to support the allegation that the Facebook post referred to the settlement or was communicated by the respondent.

The Tribunal also found that the internal email did not disclose the Minutes of Settlement.

The application was dismissed.

James LeClair v. Deplaedt Enterprises Limited, 2014 HRTO 29

Stacey Ball

Mark Hart

HRTOHuman Rights Tribunal of OntarioDec 20, 2013

Respondents permitted to amend Response shortly before hearing as no substantial prejudice or undue delay found.

The respondents brought a request to amend their Response shortly before the scheduled hearing of a human rights application alleging employment discrimination.

The applicant objected, citing the late timing and arguing the request should be barred by analogy to the one-year limitation period for filing applications under s. 34(2) of the Human Rights Code.

The Tribunal allowed the amendment, finding that the proposed changes largely provided particulars of matters already raised, could have been included in witness statements, and would not cause substantial prejudice or undue delay to the proceedings.

Moore v. Ferro & Company, 2013 HRTO 2106

Mark Hart

HRTOHuman Rights Tribunal of OntarioDec 18, 2013

Adjournment request denied; high volume of business work is not an extraordinary circumstance.

The respondent requested an adjournment of the scheduled hearing, citing an overwhelming volume of work in its disaster recovery business due to recent flooding.

The applicant opposed the request.

The Tribunal denied the request, finding that being busy with work does not constitute an extraordinary circumstance required to justify an adjournment under the Tribunal's Practice Direction, especially given the late notice.

Bonifacio v. Tristar Disaster Recovery Inc., 2013 HRTO 2096

Mark Hart

HRTOHuman Rights Tribunal of OntarioDec 13, 2013

Human rights application dismissed as abandoned after applicant failed to confirm attendance at hearing.

The applicant failed to comply with pre-hearing obligations under the Tribunal's Rules of Procedure and did not respond to a Case Assessment Direction.

After a request for an adjournment was denied, the applicant was ordered to confirm her intention to attend the scheduled hearing.

When the applicant failed to provide this confirmation by the deadline, the Tribunal cancelled the hearing and dismissed the application as abandoned.

Lam v. Suncor Energy Products, 2013 HRTO 2068

Jane Gooding

15 cases2009–2018

Mark Hart

HRTOHuman Rights Tribunal of OntarioDec 11, 2013

Request to dismiss or defer human rights application due to WSIB proceedings denied.

The respondents requested that the human rights application alleging discrimination in employment based on disability be dismissed under s. 45.1 of the Code, arguing that the substance of the application had been appropriately dealt with by the WSIB.

Alternatively, the respondents requested a deferral pending the completion of WSIB proceedings.

The Tribunal denied both requests, finding that the WSIB decisions did not address the substance of the human rights allegations, such as the failure to accommodate the applicant in her pre-injury position or adverse differential treatment.

The Tribunal also declined to defer the matter, as the ongoing WSIB appeals were not relevant to the issues before the Tribunal.

Johnson v. Hamilton-Wentworth District School Board, 2013 HRTO 2054

Mark Hart

HRTOHuman Rights Tribunal of OntarioDec 6, 2013

Adjournment request denied and evidentiary sanctions imposed for failure to comply with pre-hearing directions.

The applicant requested an adjournment of the scheduled hearing due to unforeseen family matters but failed to provide further details when directed by the Tribunal.

The respondents opposed the request.

The Tribunal denied the adjournment, finding no exceptional circumstances to justify it at a late stage.

Additionally, due to the applicant's failure to comply with a Case Assessment Direction regarding pre-hearing obligations, the Tribunal ordered that she would not be permitted to call witnesses other than herself or introduce documents at the hearing.

The applicant was also directed to confirm her attendance by a specified date, failing which the application would be dismissed as abandoned.

Lam v. Suncor Energy Partnership Products, 2013 HRTO 2031

Stacey Ball

Mark Hart

HRTOHuman Rights Tribunal of OntarioNov 28, 2013

Tribunal orders mutual document production regarding hiring process and mitigation in discrimination claim.

The applicant, a foreign-trained lawyer, alleged discrimination and reprisal in the hiring process at the respondent law firm.

In this interim decision, the Tribunal addressed multiple requests for orders regarding document production.

The Tribunal ordered the respondents to produce unredacted CVs, cover letters, and interview notes for candidates hired or interviewed for the relevant positions, as well as organizational charts and job advertisements.

The Tribunal also ordered the applicant to produce financial statements relating to his law practice for mitigation purposes, but denied the respondents' requests for the applicant's medical records and academic transcripts.

Moore v. Ferro & Company, 2013 HRTO 1972

Christine O’Donohue

4 cases2010–2014

Mark Hart

HRTOHuman Rights Tribunal of OntarioNov 5, 2013

Request to dismiss human rights application based on prior WSIB decision denied.

The applicant alleged that the respondent failed to accommodate her disability, resulting in her termination.

The respondent requested dismissal of the application under s. 45.1 of the Human Rights Code, arguing that a prior WSIB decision finding the employer had not violated its cooperation obligations appropriately dealt with the substance of the application.

The Tribunal denied the request, finding that the WSIB decision did not provide any remedy or financial stake for the applicant and that it would not be in accordance with the parties' reasonable expectations for the WSIB decision to extinguish the applicant's human rights claims.

The Tribunal also ordered the respondent to produce various documents and information arguably relevant to the applicant's allegations.

McMurter v. Goodyear Canada Inc., 2013 HRTO 1858

Arthur Tarasuk

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 31, 2013

Request for further disclosure of medical records denied as applicant did not claim medical impact for earlier period.

The respondent requested further disclosure of the applicant's medical records pre-dating December 2011, arguing that the applicant's allegations of discrimination and harassment extended back to 2009.

The Tribunal dismissed the request, finding that the applicant was not relying on any medical evidence to support a claim for remedy arising out of alleged Code violations prior to December 2011, and there was no indication of prior psychiatric issues that would warrant further disclosure.

Vetharaniyam v. Timothy J. Tallon Sales Inc., 2013 HRTO 1841

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 25, 2013

Successful job candidate granted intervenor status in human rights application seeking instatement to his position.

The applicant filed a human rights application alleging discrimination in employment after being unsuccessful in a job competition.

The successful candidate requested intervenor status because the applicant sought instatement to the position he currently occupies.

The Tribunal granted the request, allowing the successful candidate to intervene to protect his personal interests.

Syed Hussain v. Ottawa Police Services Board, 2013 HRTO 1808

Leslie Frattolin

3 cases2012–2013

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 24, 2013

Tribunal orders production of co-worker performance metrics to assess whether termination for poor performance was pretextual.

The applicant, who alleged discrimination in employment on the basis of disability, brought a Request for Order seeking production of performance metrics for all employees on the respondent's campaign for June and July 2011.

The respondent argued the request was overly broad and irrelevant, maintaining the applicant was terminated during her probationary period for failing to meet performance metrics.

The Tribunal granted the request, finding the metrics arguably relevant to the applicant's ability to challenge the respondent's stated non-discriminatory reasons for termination and to assess whether they were a pretext for discrimination.

Ashley Cassat v. Sutherland Global Services Canada ULC, 2013 HRTO 1794

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 23, 2013

Tribunal awards $2,000 for age discrimination after finding age was a factor in employment termination.

The applicant, an 18-year-old high school graduate, alleged that he was subjected to age-related comments by the personal respondent and ultimately lost his employment because of his age.

The Tribunal found that the personal respondent made several age-related comments, including telling the applicant to hide his age from other trainees.

Although the Tribunal found that the predominant reason for the applicant's termination was the respondent's concern about his language skills, the applicant's age was at least a factor in the ending of his employment.

The Tribunal ordered the respondents to pay $2,000 as compensation for injury to dignity, feelings, and self-respect, and ordered the personal respondent to complete an online human rights course.

Mohammed Irfan Ahmed v. Jirah Networks Inc., 2013 HRTO 1786

Jennifer Richards

82 cases2007–2019

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 18, 2013

Age discrimination application dismissed as applicant's evidence regarding manager's alleged ageist comment lacked credibility.

The applicant alleged age discrimination in employment, specifically claiming her manager stated he was only comfortable mentoring younger employees.

Following a summary hearing that dismissed other allegations, an in-person hearing was held solely on this comment.

The Tribunal conducted a detailed credibility assessment and found the applicant's evidence unreliable due to inconsistencies in her notes, timelines, and the unlikelihood of an experienced human resources manager making such an explicitly ageist comment without subsequent action by the director.

The application was dismissed.

Johnson v. Ontario (Government Services), 2013 HRTO 1767

Tribunal partially dismisses human rights complaints at summary hearing but allows 'paranoid' comment allegation to proceed.

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

The Tribunal held a summary hearing to determine whether certain complaints should be dismissed for having no reasonable prospect of success.

The Tribunal dismissed the allegation that a respondent breached the Code by communicating directly with the applicant, finding no evidence that the respondent knew this violated an accommodation need.

The Tribunal also dismissed allegations regarding a short deadline and extension request.

However, the Tribunal allowed the allegation regarding a 'paranoid' comment to proceed and declined to remove the personal respondent.

Certain irrelevant paragraphs of the application were struck.

Taucar v. University of Western Ontario, 2013 HRTO 1725

Arthur Tarasuk

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 4, 2013

Tribunal orders partial production of applicant's medical records and respondent's harassment notes in discrimination claim.

In an application alleging workplace discrimination and harassment based on multiple grounds including disability, both parties filed requests for the production of documents.

The respondent sought the applicant's medical and psychological records, arguing she put her mental health at issue.

The Tribunal ordered the applicant to produce medical records from December 2011 onwards, balancing her privacy interests with the respondent's right to answer the case.

The applicant sought production of a letter, a security video, and harassment notes.

The Tribunal ordered the respondent to inquire about and produce the harassment notes if found, but could not order production of the letter and video as the respondent stated they no longer existed.

Vetharaniyam v. Timothy J. Tallon Sales Inc., 2013 HRTO 1678

Patricia Murray

26 cases1997–2017

Kenneth Hughes

3 cases2013–2014

Mark Hart

HRTOHuman Rights Tribunal of OntarioSep 30, 2013

Applicant ordered to provide further particulars regarding alleged discriminatory comments in workplace harassment claim.

In an application alleging discrimination in employment based on ancestry, place of origin, ethnic origin, and disability, the respondent requested orders for particulars and the production of medical documents.

The Tribunal ordered the applicant to provide specific details regarding the alleged discriminatory comments, including dates, times, locations, and context, within 14 days.

The Tribunal also directed both parties to disclose arguably relevant medical documents once received from the respective medical providers and insurers.

Sarah Brown v. Stikeman Elliott LLP, 2013 HRTO 1639

David Patacairk

Practising Law - Employed51 cases2009–2017

Mark Hart

HRTOHuman Rights Tribunal of OntarioSep 19, 2013

Tribunal orders notice to incumbent and partial production of demographic data in hiring discrimination claim.

The applicant filed a human rights application alleging discrimination on multiple grounds after being unsuccessful in a competition for an Evaluation and Research Coordinator position.

In this interim decision, the Tribunal addressed notice to the incumbent and the applicant's requests for document production.

The Tribunal ordered the respondent to provide formal notice to the incumbent, as the applicant sought instatement to the position.

The Tribunal denied the applicant's request for records of candidates who were not interviewed, finding them irrelevant, but ordered the production of available demographic data for the applicant pool and any policies governing the recruitment process.

Syed Hussain v. Ottawa Police Services Board, 2013 HRTO 1582

Applicant

Philton MooreSelf-represented
1 appearance
Jenny DeGoeySelf-represented
1 appearance
Derek FranciscoSelf-represented
1 appearance
Mark RobertsSelf-represented
1 appearance
Viktoriya StepanovaSelf-represented
1 appearance
Raywatie BaldeoSelf-represented
1 appearance
Bright (Zeguo) QiuSelf-represented
1 appearance

assisted the Applicant

Michael CraigAgent
1 appearance

Counsel

Naomi LoewithCounsel
1 appearance
E.C. Carla ZabekCounsel
1 appearance
Jayson RiderCounsel
1 appearance
Kelly HarbridgeCounsel
1 appearance
Darrell KloezeCounsel
1 appearance
William McDowellCounsel
1 appearance
Woodward McCaigCounsel
1 appearance
Daniel McDonaldCounsel
1 appearance
Fateh SalimCounsel
1 appearance
Sheryl JohnsonCounsel
1 appearance
Timothy LawsonCounsel
1 appearance
Woodward McKaigCounsel
1 appearance
Roger MillsCounsel
1 appearance
Leslie McIntoshCounsel
1 appearance
Michael M. MillerCounsel
1 appearance
Michelle WongCounsel
1 appearance

Counsel for Dr. Erik Paidra

Anne PosnoCounsel
1 appearance

Counsel for Lakeridge Health Corporation

Shane SmithCounsel
1 appearance

Counsel for Novopharm Limited, Gail Lucyk and Halima Khan

Angela RaeCounsel
1 appearance

Counsel for the Applicant

Cynthia MackenzieCounsel
1 appearance

Counsel for the Intervener

Daniel McDonaldCounsel
1 appearance

Counsel for the Respondent

Daniel McDonaldCounsel
1 appearance

counsel for the respondents

Mark EllisCounsel
1 appearance

Counsel for the Respondents

Clarisa WaldmanCounsel
1 appearance
Niki LunquistCounsel
1 appearance
Cathy PikeCounsel
1 appearance

for 2117392 Ontario Inc., William Farmer and Brandon Farmer

Tanya WalkerCounsel
1 appearance

for A.A. Property Management & Associates Inc.

Edmond PriftiAgent
1 appearance

for A.C.

P.S.-C.Self-represented
1 appearance

for Andy Carson

Paula Soares-CarsonSelf-represented
1 appearance

for Anthony Piazza and Maria Perry

Naomi CallaCounsel
1 appearance

for Arista Homes Limited

Michael CooperCounsel
1 appearance

for Bata Limited (Canada Corporation No. 678234-5)

Leslie TennenbaumCounsel
2 appearances

for Bata Limited (now known as Athletes World Limited)

Connie ReeveCounsel
1 appearance

for Brian Edwards

Grace SkowronskiAgent
1 appearance
Aaron WudrickCounsel
1 appearance

for Canadian Auto Workers Local 199

Keith OsborneUnion representative
1 appearance

for Canadian Union of Public Employees and its Local 997 and Lynn Raback

Devon PaulCounsel
1 appearance

for Centennial College

Nancy FisherAgent
1 appearance

for Communications, Energy & Paperworkers Union, Local 324 and George Smith

Denis EllicksonCounsel
2 appearances

for Corporation of the Municipality of Chatham-Kent

Colin OsterbergCounsel
1 appearance

for Dr. Anita Grewal

Fred TranquilliCounsel
1 appearance

for D.S.

L.S.Self-represented
1 appearance

for Dufferin-Peel Catholic District School Board, Herman Viloria and John Lezon

Nadya TymochenkoCounsel
2 appearances

for Dylan Sigrist

Lori SigristSelf-represented
1 appearance

for Gary Clarke, Jeff Gillies, Joseph Rapai, Terry Grand, Anne Kavelaars, Evelyn Paparella, Tamare Nugent, Des Desalaiz

Melanie A. WarnerCounsel
1 appearance

for General Motors of Canada Limited

David BannonCounsel
1 appearance

for Georgina Watts

Victoria ShenCounsel
1 appearance

for Halton Condominium Corporation #77, J & W Condominium Management Ltd., and Don Rowatt

Karen KisielCounsel
1 appearance

for Hamilton Police Service and Troy Ashbaugh

Marco VisentiniCounsel
1 appearance

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

Chris DonszelmannCounsel
1 appearance

for Her Majesty the Queen in Right of Ontario as represented by the Minister of Education

Karen InselbacherCounsel
1 appearance

for Her Majesty the Queen in right of Ontario as represented by the Ministry of Community Safety and Correctional Services, Theren Beecroft and Kent Milligan

Christina DonszelmannCounsel
1 appearance

for Her Majesty the Queen in right of Ontario as Represented by the Ministry of Education and Training, Intervenor

Karen InselsbacherCounsel
1 appearance

for himself

Dean de LottinvilleSelf-represented
1 appearance
Douglas MooreSelf-represented
1 appearance
Michael BradtSelf-represented
1 appearance
Paul SharmaSelf-represented
1 appearance

for Joe Ramos

Louis StrezosCounsel
1 appearance

for Jose Pratas

Laura JoyCounsel
1 appearance
Greg McGivernCounsel
1 appearance

for Justicia for Migrant Workers

Grace VaccarelliCounsel
1 appearance

for Kevin Cote, David Lenchuk and Stan Belza

Joanne MulcahyCounsel
2 appearances

for London District Catholic School Board

Eric M. RoherCounsel
1 appearance

for March of Dimes Canada

Lee HardingAgent
1 appearance

for McMaster Association of Part-Time Students

Suzan FraserCounsel
1 appearance

for McMaster Students Union Inc.

Derek CollinsCounsel
1 appearance

for McMaster University

George AvraamCounsel
1 appearance
Dina MaxwellCounsel
1 appearance
Lisa StamCounsel
1 appearance

for Metro Ontario Inc. and Rick Crean

Charles RobertsonCounsel
1 appearance

for Nigel Thomas

Joanne MulcahyCounsel
1 appearance

for Olymel S.E.C. / L.P. and Michel Boudreault

Stephen BernardoCounsel
1 appearance

for Ontario Human Rights Commission

Christine ElwellCounsel
1 appearance
Tony GriffinCounsel
1 appearance

for Paul Step

Self-representedSelf-represented
1 appearance

for Peel Regional Police Services Board and Jeff Duffield

Lauri WallCounsel
1 appearance
Patricia MurrayCounsel
1 appearance

for Presteve Foods Ltd.

Gino MorgaCounsel
1 appearance

for Shelley Kiewning

Theodore ScollieCounsel
2 appearances

for Sonja Bata

Ronald J. McCloskeyCounsel
1 appearance

for Special Education Tribunal, Intervenor

Lucy McSweeneyCounsel
1 appearance

for the Affected Parties Hamilton Police Service and Troy Ashbaugh

Marco VisentiniCounsel
1 appearance

for the Affected Parties The City of Hamilton and Linda Blake-Evans

Byrdena MacNeilCounsel
1 appearance

for the Affected Party

W. Gordon SteinbergCounsel
1 appearance
Jorge HurtadoCounsel
1 appearance
Brian HumphreyUnion representative
1 appearance

for the Affected Party Davies Bagambiire

Davies BagambiireSelf-represented
1 appearance

for the Affected Party Kevin Robinson

Kevin RobinsonSelf-represented
1 appearance

for the Affected Party The Ontario Ombudsman

Jean-Frédéric HübschCounsel
1 appearance

for The AIDS Network

Kevin RobinsonCounsel
1 appearance

for the Applicant

Self-representedSelf-represented
6 appearances
Cecil NormanAgent
5 appearances
Philton MooreSelf-represented
5 appearances
Johnson AzigaSelf-represented
5 appearances
Glen MorrisonAgent
4 appearances
Mathew BlakelySelf-represented
4 appearances
Robert LeeSelf-represented
4 appearances
Sandra BartonCounsel
4 appearances
Allison TaylorCounsel
4 appearances
Wade PoziomkaCounsel
3 appearances
Osborne BarnwellCounsel
3 appearances
C.R.E.Self-represented
3 appearances
Hugh ScherCounsel
3 appearances
Edelgard MahantSelf-represented
3 appearances
Rosario BoncoriSelf-represented
3 appearances
Julie WilsonSelf-represented
3 appearances
Sharmaine HallCounsel
3 appearances
Roshika WilliamsSelf-represented
3 appearances
Selwyn PietersCounsel
3 appearances
Randy KingSelf-represented
3 appearances

for the Applicants

Glen MorrisonAgent
1 appearance
Oksana LevkivskaSelf-represented
1 appearance
Elita McAdamSelf-represented
1 appearance
Bradley ThomsonAgent
1 appearance
Niki LundquistCounsel
1 appearance
Yuriy GrygorchukSelf-represented
1 appearance
Richard VellaSelf-represented
1 appearance
Debbie DraganitsCounsel
1 appearance
Ayoob KhanAgent
1 appearance
Sunil GurmukhCounsel
1 appearance
Self-representedSelf-represented
1 appearance
Mary Ellen McIntyreCounsel
1 appearance
Victor PakSelf-represented
1 appearance
Brenda CulbertCounsel
1 appearance

for the Applicants Durrell Claybourn and Dave Ferguson

Bruce BestCounsel
1 appearance

for The City of Hamilton and Linda Blake-Evans

Dennis PerlinCounsel
1 appearance

for the Commission

Prabhu RajanCounsel
8 appearances
Monmi GoswamiCounsel
4 appearances
Bay RyleyCounsel
2 appearances
Christine ElwellCounsel
2 appearances
Melanie ShulmanCounsel
1 appearance
Anthony GriffinCounsel
1 appearance
Sheena ScottCounsel
1 appearance
Cathy PikeCounsel
1 appearance
Tony GriffinCounsel
1 appearance

for the Complainant

Tamara JosephCounsel
3 appearances
Roger RoweCounsel
3 appearances
Selwyn PietersCounsel
2 appearances
Brian KampeSelf-represented
2 appearances
Martha MacKinnonCounsel
2 appearances
Avvy Yao-Yao GoCounsel
1 appearance
Lee Ann ChapmanCounsel
1 appearance
Barbara Boldt-MacPhersonSelf-represented
1 appearance
Greg GoodridgeSelf-represented
1 appearance
Self-representedSelf-represented
1 appearance
Randy KingSelf-represented
1 appearance
Doug LundySelf-represented
1 appearance
Megan Evans-MaxwellCounsel
1 appearance

for the Complainant A.C.

P.S-C.Self-represented
1 appearance

for the Complainant Andy Carson

Paula Soares-CarsonAgent
1 appearance

for the Complainant D.S.

L.S.Self-represented
1 appearance

for the Complainant Dylan Sigrist

Lori SigristAgent
1 appearance

for the Complainants S. and W.

Cynthia WilkeyCounsel
1 appearance
Lesli BisgouldCounsel
1 appearance

for The Corporation of the County of Lambton

David CribbsCounsel
1 appearance

for the Financial Services Commission of Ontario

Padraic RyanCounsel
1 appearance
Reesha HoseinCounsel
1 appearance

for the Independent Electricity System Operator

Pamela HofmanCounsel
1 appearance

for the Intervenor

Jessica DowlingCounsel
1 appearance
Jerry RasoCounsel
1 appearance
Alanna MihaljCounsel
1 appearance
Sunil GurmukhCounsel
1 appearance
Elizabeth NurseCounsel
1 appearance
Andrew ReynoldsCounsel
1 appearance
Nini JonesCounsel
1 appearance
Alycia ShawCounsel
1 appearance
Denise CooneyCounsel
1 appearance
Monica MulvahillUnion representative
1 appearance
Tina LieCounsel
1 appearance
Debra McKennaCounsel
1 appearance
Roberto HenriquezCounsel
1 appearance
Devon PaulCounsel
1 appearance
Gavin LeebUnion representative
1 appearance
Rana ArbabianCounsel
1 appearance
Bill ColeAgent
1 appearance
Caroline (Nini) JonesCounsel
1 appearance
Howard GoldblattCounsel
1 appearance

for the Intervenor Independent Police Review Director

Jean IuCounsel
1 appearance

for the Intervenor Justicia for Migrant Workers

Grace VaccarelliCounsel
2 appearances

for the Intervenor Ontario Human Rights Commission

Cathy PikeCounsel
1 appearance
Sunil GurmukhCounsel
1 appearance

for the Intervenor Regional Municipality of Peel Police Services Board

Patricia MurrayCounsel
1 appearance

for the Intervenors African Canadian Legal Clinic, Metro Toronto Chinese & Southeast Asian Legal Clinic and South Asian Legal Clinic of Ontario

Virginia NelderCounsel
1 appearance
Avvy Yao-Yao GoCounsel
1 appearance

for the Intervenor Toronto Civic Employees’ Union, Local 416 (CUPE)

Ryan GoldvineUnion representative
1 appearance

for the Ontario Human Rights Commission

Christine ElwellCounsel
2 appearances
Sheena ScottCounsel
1 appearance
Raj DhirCounsel
1 appearance
Tony GriffinCounsel
1 appearance
Cathy PikeCounsel
1 appearance

for the Ontario Secondary School Teachers Federation

Heather AldenCounsel
1 appearance

for the Proposed Non-Party Intervenor

Caroline V. (Nini)_ JonesCounsel
1 appearance

for the proposed Respondents

Sarah WrightCounsel
1 appearance
Bruce EllisCounsel
1 appearance
Robin BasuCounsel
1 appearance

for The Regional Municipality of York Police Services Board, Matthew Ma and Reynaldo Corpuz

Sharon DuffyCounsel
1 appearance

for the Respondent

Patricia MurrayCounsel
4 appearances
John W. WoonCounsel
4 appearances
Paula RusakCounsel
3 appearances
Brenda BowlbyCounsel
3 appearances
Rachel SilverCounsel
3 appearances
Rosanne GiuliettiCounsel
3 appearances
Andrea RiskCounsel
3 appearances
Michael FailesCounsel
3 appearances
Richard CharneyCounsel
3 appearances
Sheila MacKinnonCounsel
2 appearances
Vilija YcasAgent
2 appearances
David PatacairkCounsel
2 appearances
Michele WrightCounsel
2 appearances
David GourlayCounsel
2 appearances
Daniel ChodosCounsel
2 appearances
Glenn ChristieCounsel
2 appearances
Matthew CurtisCounsel
2 appearances
Elizabeth Ann MartensSelf-represented
2 appearances
Arthur TarasukCounsel
2 appearances
Jennifer FantiniCounsel
2 appearances

for the Respondent, Acclaim Ability Management Inc.

Carolyn JohnstonCounsel
1 appearance
Peter StraszynskiCounsel
1 appearance

for the Respondent and Proposed Party

Frances R. GallopCounsel
1 appearance

for the Respondent Bata Limited (now known as Athletes World Limited)

Connie ReeveCounsel
1 appearance

for the Respondent Canadian Auto Workers, Local 199

Keith OsborneUnion representative
1 appearance

for the Respondent Canadian Business College

Syed Ali Mazher JafferyAgent
1 appearance

for the Respondent Canadian Union of Public Employees, Local 416

Michael McCrearyCounsel
1 appearance
Michael MazzucaCounsel
1 appearance

for the Respondent Dr. Anita Grewal

Fred TranquilliCounsel
1 appearance

for the Respondent Dr. Sameer D’Souza

Matthew SammonCounsel
1 appearance

for the Respondent Durham Catholic District School Board

Dolores BarbiniCounsel
1 appearance

for the Respondent Durham Children’s Aid Society

Helen MurphyCounsel
1 appearance

for the Respondent Durham Regional Police Services Board

Ian JohnstoneCounsel
1 appearance
Angela KhouryCounsel
1 appearance

for the Respondent Elementary Teachers Federation of Ontario

Christine DaviesCounsel
1 appearance

for the Respondent Engel and Associates Professional Corporation

Bruce EngelCounsel
1 appearance

for the Respondent Ford Motor Company of Canada Limited

Anna AbbottCounsel
1 appearance
Carli GutmanCounsel
1 appearance

for the Respondent General Motors of Canada Limited

David BannonCounsel
1 appearance

for the Respondent Gravel Charest Fisher Law Firm

Allan O’BrienCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as Represented by the Minister of Community Safety and Correctional Services (Ontario Provincial Police)

Jinan KubursiCounsel
1 appearance
Marnie CorboldCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Minister of Finance (Financial Services Commission of Ontario)

Larissa EassonCounsel
1 appearance

for the Respondent Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services (Family Responsibility Office)

Kristen KizoffCounsel
1 appearance

for the Respondent Her Majesty the Queen in right of Ontario as represented by the Ministry of Health and Long-Term Care

William GeorgasCounsel
1 appearance

for the Respondent Hospital for Sick Children

Melanie WarnerCounsel
1 appearance

for the Respondent Humber College Institute of Technology & Advanced Learning

Catherine PetersCounsel
1 appearance

for the Respondent Huronia Area Aboriginal Assistance Corporation o/a Huronia Area Aboriginal Management Board

Kent ElsonCounsel
1 appearance

for the Respondent Joseph Brant Hospital

Dolores BarbiniCounsel
1 appearance

for the Respondent Joyce Phillips

Colin YoungmanCounsel
1 appearance

for the Respondent Labourers’ International Union of North America, Local 183

Virginia NelderCounsel
1 appearance
Robert GibsonCounsel
1 appearance

for the Respondent Legal Aid Ontario

Carolyn PadgettCounsel
1 appearance
Andrea DanonCounsel
1 appearance

for the Respondent Liquor Control Board of Ontario (LCBO)

S. Jodi Gallagher-HealyCounsel
1 appearance

for the Respondent Mahle Filter Systems Canada ULC

Stephanie RamsayCounsel
1 appearance

for the Respondent Mazerolle & Lemay Law Firm

Denis CadieuxCounsel
1 appearance

for the Respondent Ontario Provincial Police

Amal ChaudryCounsel
1 appearance

for the Respondent Presteve Foods Ltd.

Gino MorgaCounsel
2 appearances

for the Respondent Royal LePage Partners Realty Inc.

Al KrochAgent
1 appearance

for the Respondents

John BellCounsel
7 appearances
Catherine PetersCounsel
5 appearances
Stacey BallCounsel
5 appearances
Sheila MacKinnonCounsel
5 appearances
Andrea RiskCounsel
3 appearances
Robert BaldwinCounsel
3 appearances
Grant BowersCounsel
3 appearances
Lior SamfiruCounsel
3 appearances
Harry KopytoAgent
2 appearances
Daniel LublinCounsel
2 appearances
Glenn ChuCounsel
2 appearances
Patty MurrayCounsel
2 appearances
Daniel McDonaldCounsel
2 appearances
Christopher RiggsCounsel
2 appearances
Firdaus WaleleCounsel
2 appearances
Soma Ray-EllisCounsel
2 appearances
John-Paul AlexandrowiczCounsel
2 appearances
David StrashinCounsel
2 appearances
Glorie AlfredCounsel
2 appearances
Barry BrownCounsel
2 appearances

for the Respondents Alliance Youth Services Inc., Steve Catney and Ed Barron

Robert FernandesCounsel
1 appearance

for the Respondents Children’s Aid Society of Toronto, Carol Manak and Pam Dawe

Ryan ConlinCounsel
1 appearance

for the Respondents City of Toronto and Sandra Cuff

Darragh MeagherCounsel
1 appearance

for the Respondents David Hurst and Maggie Lalande

Denyse BouletCounsel
1 appearance

for the Respondents Dr. Michael Weinstein and Dr. Christopher Parshuram

Kasia CzajkowskiCounsel
1 appearance
Sarah CormanCounsel
1 appearance

for the Respondents Durham Regional Police Services Board and Sara Foote

David CowlingCounsel
1 appearance

for the Respondent Sean Logan

Shaheen HiraniCounsel
1 appearance

for the Respondent Securitas Canada Limited

Daniel McDonaldCounsel
1 appearance

for the Respondent Sheridan College Institute of Technology and Advanced Learning

Patricia MurrayCounsel
1 appearance

for the Respondents Her Majesty the Queen in right of Ontario as represented by the Ministry of Community Safety and Correctional Services, Theren Beecroft and Kent Milligan

Tina EarlCounsel
1 appearance

for the Respondents Ministry of Community and Social Services, Hazel Romaine and Jermyne Graham

Geoffrey BakerCounsel
1 appearance

for the Respondents Olivieri Foods Inc. and Cathy Martin

Dan ShieldsCounsel
1 appearance

for the Respondent Sonja Bata

Sara BeheshtiCounsel
1 appearance
Ronald J. McCloskeyCounsel
1 appearance

for the Respondents Ontario Public Service Employees Union, Susan Quinn, Natalie Lachapelle, Anita Fulford, Marian Chipchase and Dan Dean

Danny KastnerCounsel
1 appearance

for the Respondents Toronto Police Service and Toronto Police Services Board

Andrea DenovanCounsel
1 appearance
Robert BaldwinCounsel
1 appearance

for the Respondents Work Able Centres Inc. and Louise Korhonen

Thomas StefanikCounsel
1 appearance

for the Respondent The Corporation of the City of Windsor

Patrick BrodeCounsel
1 appearance

for the Respondent The Great West Life Assurance Company

Susan McCorquodaleCounsel
1 appearance

for the Respondent The Regional Municipality of Peel Police Services Board

Patty MurrayCounsel
1 appearance

for the Respondent, The Regional Municipality of Waterloo Police Services Board

Daina SearchCounsel
1 appearance
Don JarvisCounsel
1 appearance

for the Respondent The Young Women’s Christian Association of Hamilton

Timothy DugganCounsel
1 appearance

for the Respondent Tony Dionisio

Tony DionisioSelf-represented
1 appearance

for the Respondent Toronto Community Housing Corporation

William LeMayCounsel
1 appearance

for the Respondent Trillium Lakelands District School Board

Carolyn KayCounsel
1 appearance

for the Respondent Trish Meekins

Andrew DruryCounsel
1 appearance

for the Respondent Unifor (formerly CAW), Local 1941

Mike ByrneUnion representative
1 appearance

for the Respondent University of New Brunswick

Clarence BennettCounsel
1 appearance

for the Respondent, Waterloo Regional Police Association

Nini JonesCounsel
1 appearance

for the Respondent William Osler Health Centre o/a Etobicoke General Hospital

Michele WarnerCounsel
1 appearance

for the Respondent Windsor Police Services Board

Mark NazarewichCounsel
1 appearance

for the Respondent York Regional Police Services Board

Anthony DeianaCounsel
1 appearance

for the Respondent YWCA Toronto

Frances GallopCounsel
1 appearance

for the Special Education Tribunal

Lucy McSweeneyCounsel
1 appearance

for The TDL Group Corp.

James HeeneyCounsel
1 appearance

for the Toronto Police Services Board

Rosanne GiuliettiCounsel
1 appearance

for the Waterloo Region District School Board

Veronica KennyCounsel
1 appearance

for Toronto Police Services Board

Andrea DenovanCounsel
1 appearance
David GourlayCounsel
1 appearance

for Trillium Lakelands District School Board

Nadine ZacksCounsel
1 appearance

for United Food & Commercial Workers Canada, Local Unions 175 & 633

Michael HancockCounsel
1 appearance

for William Blair

Sie-Wing KhowCounsel
1 appearance

for William Blair, B. Steed, M. Nunno, and M. Powell

Naomi CallaCounsel
1 appearance
Damian HornichAgent
1 appearance

for William Blair, Chief of Police for the City of Toronto

Jerome Wiley, Q.C.Counsel
2 appearances
George H. CowleyCounsel
1 appearance

for Workplace Safety and Insurance Board

Greg BullenCounsel
1 appearance

for York Condominium Corporation No. 365

Ashley WinbergCounsel
1 appearance

Litigation Guardian for Andy Carson

Paula Soares-CarsonSelf-represented
1 appearance

Litigation Guardian for Dylan Sigrist

Lori SigristSelf-represented
1 appearance

on behalf of the Respondent

Keith OsborneUnion representative
1 appearance

on her own behalf

Janet CoatesSelf-represented
2 appearances

On her own behalf

Svetlana WhiteSelf-represented
1 appearance
Cathy O’ReganSelf-represented
1 appearance
Charmaine MarshallSelf-represented
1 appearance
H. G.Self-represented
1 appearance
Farideh GhafourianSelf-represented
1 appearance
Barbara Boldt-MacPhersonSelf-represented
1 appearance

on her own behalf and as litigation guardian for L.M.

E.M.Self-represented
1 appearance

on his own behalf

Craig BartonSelf-represented
1 appearance

On his own behalf

Kuralraj KulasingamSelf-represented
1 appearance
Stacy SweezeySelf-represented
1 appearance
Jerzy NatalukSelf-represented
1 appearance
Keith RamoutarSelf-represented
1 appearance
Kam Chong LiSelf-represented
1 appearance
Gary AtamanykSelf-represented
1 appearance
Timothy StevensSelf-represented
1 appearance
Guy BabineauSelf-represented
1 appearance
Rajoo MakhiSelf-represented
1 appearance
Paul ChukSelf-represented
1 appearance
Oscar MedranoSelf-represented
1 appearance
Lebert AlladiceSelf-represented
1 appearance
Greg GoodridgeSelf-represented
1 appearance

on their own behalf

J. B.Self-represented
1 appearance
E. B.Self-represented
1 appearance

Representative

Henry FreitagAgent
1 appearance

Respondents

Gail NeilsonSelf-represented
1 appearance
Douglas MooreSelf-represented
1 appearance

Respondents Ellen Helden and 1312788 Ontario Limited

Erin HallockCounsel
1 appearance

Self-represented

Henry FreitagSelf-represented
1 appearance

623

Decisions

Years active

Tribunals

5.1

cases/mo

HRTO623(100%)

Decision types

motion

511

trial

112

/Adjudicator

Mark Hart — Vice-Chair

Human Rights

Administrative Law

Employment and Labour Law

Other Tribunals

Landlord and Tenant

Bankruptcy and Insolvency Law

Health Law

Family and Matrimonial Law

Workers' Compensation

Mark Hart

Vice-Chair·Human Rights Tribunal of Ontario·Since 2007

623

cases · 11 yrs · HRTO

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 364Adjudicator· 92Vice-chair· 83Vice-Chair· 42Adjudicator· 23Vice-Chair· 11Vice-chair· 2Vice Chair· 1

Daniel Lublin

12 cases2012–2026

Mark Hart

HRTOHuman Rights Tribunal of OntarioJan 16, 2014

Human rights application dismissed; employment changes were due to operational needs, not age or disability.

The applicant, an Early Childhood Assistant, alleged discrimination in employment on the basis of age and disability after her hours were reduced and her employment was ultimately terminated.

She also alleged that the personal respondent made discriminatory age-related comments, creating a poisoned work environment.

The application was dismissed.

Ledford v. Friendly Times Child Care Centre, 2014 HRTO 70

Mark Hart

Reconsideration request denied; no reasonable apprehension of bias or error in summary hearing test found.

The applicant requested reconsideration of a previous Tribunal decision that dismissed certain aspects of her human rights application following a summary hearing.

She argued the adjudicator demonstrated a reasonable apprehension of bias and applied an incorrect legal test.

The applicant's request to defer the matter pending judicial review was also denied as premature.

Taucar v. The University of Western Ontario, 2014 HRTO 63

Mark Hart

Request for reconsideration denied because the underlying decision allowing an amended response was not final.

The applicant requested reconsideration of an interim decision that allowed the respondents to file an amended response, and asked that the reconsideration be heard by a different Vice-chair.

The adjudicator declined to recuse himself, finding no reasonable apprehension of bias in reconsidering his own decision.

The Tribunal also admonished the parties regarding their uncivil communications and the improper sharing of without prejudice settlement discussions.

Moore v. Ferro & Company, 2014 HRTO 62

Mark Hart

HRTOHuman Rights Tribunal of OntarioJan 8, 2014

Contravention of settlement application dismissed due to lack of evidence of confidentiality breach.

The applicant filed a Contravention of Settlement Application alleging that the respondent breached the confidentiality provision of their Minutes of Settlement.

The applicant claimed that a Facebook post by a third party and an internal email sent by the respondent to its management team constituted breaches.

The Tribunal found no evidentiary basis to support the allegation that the Facebook post referred to the settlement or was communicated by the respondent.

The Tribunal also found that the internal email did not disclose the Minutes of Settlement.

The application was dismissed.

James LeClair v. Deplaedt Enterprises Limited, 2014 HRTO 29

Stacey Ball

Mark Hart

HRTOHuman Rights Tribunal of OntarioDec 20, 2013

Respondents permitted to amend Response shortly before hearing as no substantial prejudice or undue delay found.

The respondents brought a request to amend their Response shortly before the scheduled hearing of a human rights application alleging employment discrimination.

The applicant objected, citing the late timing and arguing the request should be barred by analogy to the one-year limitation period for filing applications under s. 34(2) of the Human Rights Code.

Moore v. Ferro & Company, 2013 HRTO 2106

Mark Hart

HRTOHuman Rights Tribunal of OntarioDec 18, 2013

Adjournment request denied; high volume of business work is not an extraordinary circumstance.

The respondent requested an adjournment of the scheduled hearing, citing an overwhelming volume of work in its disaster recovery business due to recent flooding.

The applicant opposed the request.

Bonifacio v. Tristar Disaster Recovery Inc., 2013 HRTO 2096

Mark Hart

HRTOHuman Rights Tribunal of OntarioDec 13, 2013

Human rights application dismissed as abandoned after applicant failed to confirm attendance at hearing.

The applicant failed to comply with pre-hearing obligations under the Tribunal's Rules of Procedure and did not respond to a Case Assessment Direction.

After a request for an adjournment was denied, the applicant was ordered to confirm her intention to attend the scheduled hearing.

When the applicant failed to provide this confirmation by the deadline, the Tribunal cancelled the hearing and dismissed the application as abandoned.

Lam v. Suncor Energy Products, 2013 HRTO 2068

Jane Gooding

15 cases2009–2018

Mark Hart

HRTOHuman Rights Tribunal of OntarioDec 11, 2013

Request to dismiss or defer human rights application due to WSIB proceedings denied.

Alternatively, the respondents requested a deferral pending the completion of WSIB proceedings.

The Tribunal also declined to defer the matter, as the ongoing WSIB appeals were not relevant to the issues before the Tribunal.

Johnson v. Hamilton-Wentworth District School Board, 2013 HRTO 2054

Mark Hart

HRTOHuman Rights Tribunal of OntarioDec 6, 2013

Adjournment request denied and evidentiary sanctions imposed for failure to comply with pre-hearing directions.

The applicant requested an adjournment of the scheduled hearing due to unforeseen family matters but failed to provide further details when directed by the Tribunal.

The respondents opposed the request.

The Tribunal denied the adjournment, finding no exceptional circumstances to justify it at a late stage.

The applicant was also directed to confirm her attendance by a specified date, failing which the application would be dismissed as abandoned.

Lam v. Suncor Energy Partnership Products, 2013 HRTO 2031

Stacey Ball

Mark Hart

HRTOHuman Rights Tribunal of OntarioNov 28, 2013

Tribunal orders mutual document production regarding hiring process and mitigation in discrimination claim.

The applicant, a foreign-trained lawyer, alleged discrimination and reprisal in the hiring process at the respondent law firm.

In this interim decision, the Tribunal addressed multiple requests for orders regarding document production.

Moore v. Ferro & Company, 2013 HRTO 1972

Christine O’Donohue

4 cases2010–2014

Mark Hart

HRTOHuman Rights Tribunal of OntarioNov 5, 2013

Request to dismiss human rights application based on prior WSIB decision denied.

The applicant alleged that the respondent failed to accommodate her disability, resulting in her termination.

The Tribunal also ordered the respondent to produce various documents and information arguably relevant to the applicant's allegations.

McMurter v. Goodyear Canada Inc., 2013 HRTO 1858

Arthur Tarasuk

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 31, 2013

Request for further disclosure of medical records denied as applicant did not claim medical impact for earlier period.

Vetharaniyam v. Timothy J. Tallon Sales Inc., 2013 HRTO 1841

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 25, 2013

Successful job candidate granted intervenor status in human rights application seeking instatement to his position.

The applicant filed a human rights application alleging discrimination in employment after being unsuccessful in a job competition.

The successful candidate requested intervenor status because the applicant sought instatement to the position he currently occupies.

The Tribunal granted the request, allowing the successful candidate to intervene to protect his personal interests.

Syed Hussain v. Ottawa Police Services Board, 2013 HRTO 1808

Leslie Frattolin

3 cases2012–2013

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 24, 2013

Tribunal orders production of co-worker performance metrics to assess whether termination for poor performance was pretextual.

The respondent argued the request was overly broad and irrelevant, maintaining the applicant was terminated during her probationary period for failing to meet performance metrics.

Ashley Cassat v. Sutherland Global Services Canada ULC, 2013 HRTO 1794

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 23, 2013

Tribunal awards $2,000 for age discrimination after finding age was a factor in employment termination.

The applicant, an 18-year-old high school graduate, alleged that he was subjected to age-related comments by the personal respondent and ultimately lost his employment because of his age.

The Tribunal found that the personal respondent made several age-related comments, including telling the applicant to hide his age from other trainees.

The Tribunal ordered the respondents to pay $2,000 as compensation for injury to dignity, feelings, and self-respect, and ordered the personal respondent to complete an online human rights course.

Mohammed Irfan Ahmed v. Jirah Networks Inc., 2013 HRTO 1786

Jennifer Richards

82 cases2007–2019

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 18, 2013

Age discrimination application dismissed as applicant's evidence regarding manager's alleged ageist comment lacked credibility.

The applicant alleged age discrimination in employment, specifically claiming her manager stated he was only comfortable mentoring younger employees.

Following a summary hearing that dismissed other allegations, an in-person hearing was held solely on this comment.

The application was dismissed.

Johnson v. Ontario (Government Services), 2013 HRTO 1767

C.E. Taucar

5 cases2011–2017

Barry Brown

25 cases1983–2014

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 11, 2013

Tribunal partially dismisses human rights complaints at summary hearing but allows 'paranoid' comment allegation to proceed.

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

The Tribunal held a summary hearing to determine whether certain complaints should be dismissed for having no reasonable prospect of success.

The Tribunal also dismissed allegations regarding a short deadline and extension request.

However, the Tribunal allowed the allegation regarding a 'paranoid' comment to proceed and declined to remove the personal respondent.

Certain irrelevant paragraphs of the application were struck.

Taucar v. University of Western Ontario, 2013 HRTO 1725

Arthur Tarasuk

Mark Hart

HRTOHuman Rights Tribunal of OntarioOct 4, 2013

Tribunal orders partial production of applicant's medical records and respondent's harassment notes in discrimination claim.

In an application alleging workplace discrimination and harassment based on multiple grounds including disability, both parties filed requests for the production of documents.

The respondent sought the applicant's medical and psychological records, arguing she put her mental health at issue.

The Tribunal ordered the applicant to produce medical records from December 2011 onwards, balancing her privacy interests with the respondent's right to answer the case.

The applicant sought production of a letter, a security video, and harassment notes.

The Tribunal ordered the respondent to inquire about and produce the harassment notes if found, but could not order production of the letter and video as the respondent stated they no longer existed.

Vetharaniyam v. Timothy J. Tallon Sales Inc., 2013 HRTO 1678

Patricia Murray

26 cases1997–2017

Kenneth Hughes

3 cases2013–2014

Mark Hart

HRTOHuman Rights Tribunal of OntarioSep 30, 2013

Applicant ordered to provide further particulars regarding alleged discriminatory comments in workplace harassment claim.

The Tribunal ordered the applicant to provide specific details regarding the alleged discriminatory comments, including dates, times, locations, and context, within 14 days.

The Tribunal also directed both parties to disclose arguably relevant medical documents once received from the respective medical providers and insurers.

Sarah Brown v. Stikeman Elliott LLP, 2013 HRTO 1639

David Patacairk

Practising Law - Employed51 cases2009–2017

Mark Hart