List of decisions, settlements, judicial reviews and appeals

HRTO Final Decisions

Grounds

Braithwaite, Illingworth v. The Attorney General for Ontario and the Chief Coroner
(complaint successful, appeal filed by respondents in the Divisional Court)

association

Cugliari v. Telefficiency Corporation, Clubine (complaint successful)

race

Forrester v. Regional Municipality of Peel, Police Services Board
(complaint successful)

sex

Hogan, Stonehouse, A.B., McDonald v. Ministry of Health and Long-Term Care
(complaint partially successful; appeal filed by Commission in the Divisional Court)

disability, sex

Iness v. Caroline Co-operative Housing Inc., Canada Mortgage and Housing Corporation
(complaint successful – appeal filed by respondents in the Divisional Court)

receipt of public assistance

Jackson v. M. Butler Insurance Brokers Ltd., Butler
(complaint successful)

disability

Lestage v. Rénozone Express Inc., Labre
(complaint successful)

disability

Modi v. Paradise Fine Foods Ltd., Aycha, Omarbach
(complaint successful)

creed, ethnic origin, place of origin

Murchie a.k.a. McIntyre v. JB’s Mongolian Grill, Conyers, McQueen, Odd
(complaint successful)

sex, harassment, reprisal

Pridham v. En-Plas Inc., Rosario
(complaint successful)

disability

Tweedle v. Orlick Industries Limited, Paduano
(complaint dismissed)

sex, sexual solicitation, harassment, reprisal

Further HRTO Decisions

Grounds

Stephens, Symister v. Lynx Industries Inc., Schram, Morris
(decision vacating earlier decision on costs)

colour, race

Iness v. Caroline Co-operative Housing Inc., Canada Mortgage and Housing Corporation
(explanatory aspect of final decision)

receipt of public assistance

McKinnon v. Her Majesty the Queen in Right of Ontario (Ministry of Correctional Services), Geswaldo, Simpson, James, Hume
(further decision on remedy and on report of the 3^rd party consultants to the HRTO)

race, ancestry, ethnic origin, harassment

Naraine v. Ford Motor Company and The Ford Motor Company of Canada Limited
(quantum of damages)

race

Glover v. 571566 Ontario Inc. o/a Cadillac Tavern, Perin Jr., Perin Sr.
(refusal to reopen on the merits in light of binding settlement )

sex, sexual solicitation, reprisal

Glover v. 571566 Ontario Inc. o/a Cadillac Tavern, Perin Jr., Perin Sr.
(confirmation of settlement )

sex, sexual solicitation, reprisal

Interim HRTO Decisions

Grounds

Altenburg et al. v. Johnson Controls Limited – Partnership and Johnson Control Inc.
(request for adjournment)

disability

Arzem et al. v. Her Majesty the Queen in Right of Ontario
(as represented by the Minister of Community and Social Services, the Minister of Education, and the Minister of Children and Youth Services) (2 int. decisions: adding school boards as respondents; and, constitutional challenge to definition of age in the Code)

disability

Barker, Malkowski, Simser v. Alliance Atlantis Cinemas, Cineplex Galaxy LP & Famous Players, a division of Viacom Canada Inc. (now Cineplex Entertainment LP), Universal Studios Canada Inc., AMC Entertainment International Inc., and Rainbow Centre Cinemas Inc.
(motion for production)

disability

Brown v. Trebas Institute Ontario Inc., Hood, Schreiner, Brandt, Bulmer
(3 int. decisions: 1. unreported decision re production of documents; 2. request for adjournment & compliance of decision #1; and, decision on remaining respondents and request for adjournment)

disability

Chard v. Newton
(2 unreported decisions re filing of materials)

sex

Chornyi v. Trus Joist, a Division of Weyerhaeuser, Argue
(2 int. decisions: Tribunal’s jurisdiction - amending corporate name, removing personal respondent; and, decision on production)

disability

Domingues v. Fortino, Varbaro
(allowing for written hearing)

sex, sexual solicitation

Earhart v. Nutritional Management Services Limited, Thompson, Burns, Lyonnais
(admission of evidence)

sex, sexual harassment, reprisal

Giguere v. Popeye Restaurant, Landry
(adding ground of discrimination)

association

Greenhorn v. 621509 Ontario Inc. o/a Belleville Dodge Chrysler Jeep, Belch
(motion to add respondent)

sex, sexual harassment

Ishabid v. Fitzgerald, (d.b.a. Personal Touch Janitorial Services
(unreported decision re amendment of respondent name)

ancestry, race, reprisal

Lestage v. Rénozone Express Inc., Labre
(2 int. decisions, both on request for written hearing)

disability

Nassiah v. Peel Regional Police Services Board, Elkington
(motion for production and qualification of expert witness)

race

Nelson v. Lakehead University, Dodgastar, Phillip
(particulars, production)

age

OHRC v. 571566 Ontario Inc. o/a Cadillac Tavern, 1528433 Ontario Ltd. c.o.b. Cadillac Tavern, Perin Jr., Perin Sr.
(request to add party to breach of settlement complaint )

sex, sexual solicitation, reprisal

Romano v. 1577118 Ontario Inc. o/a La Luna by the Lake Restaurant, Piemontese
(request for written hearing)

sex, sexual solicitation

Seguin v. Great Blue Heron Charity, Thompson, Balfour, Anderson, Smoke, Woodcock
(unreported decision re adjournment)

sex

Sicheri v. Her Majesty the Queen in Right of the Province of Ontario as represented by The Ministry of Community and Social Services Windsor-Essex Children’s Aid Society
(preliminary issues involving notice of constitutional question)

disability, family status

Sinclair, Craig, Fawcett, Coubrough, Gordon, Faysal v. General Motors Defence, a division of General Motors of Canada Limited
(3 int. decisions on interventions)

citizenship, place of origin

Tubbs v. Universal Workers Union, Labourers’ International Union of North America, Avero, Quinn, Dionisio
(reconsideration of previous decision on production)

colour, race

Wang v. York Regional Police Services, Muir, Graham.
(production issue)

ancestry, ethnic origin, race

HRTO Settlements

Grounds

Abel, Provo K., Provo R., Middleton v. Royal Steter Ltd. o/a Burger King Restaurants of Canada Inc. Cosby

colour, race

Alfaleh v. Meadowlands Preschool Inc., Payne-Tate, Currie

disability

Altenburg, Brehm, Chail, Delarge, Dunbar, Hein, Herold, Hewer, Kaufman, Knott, Lamba, Lang, Lupton, Maerten, McMahon, Phillips, Ridell, Rollerman, Schlotzhauer, Swan, Thomas, Tiemens, Tullock, Van Arkel, Waldron v. Johnson Controls Limited (Partnership) and Johnson Control Inc.

disability

Amid (now Bakeshlou) v. 3458954 Canada Inc. (c.o.b. Infotel Publications), Tasopoulos, Dienesch

race, ethnic origin

Amoah v. G4S Cash Services (Canada) Ltd., Maloney

colour, race

Anwar, Nasir, Malik, Sheikh, Tariq, v. Choice Taxi Inc., Leishman, McMurray, Thompson, Leishman, Blanchard, Brunet, Duperron, Vervoort, Ayotte, Jerou, St. Denis, Simpson, Anderson, Menzies, Nakic, Huygen, Sauvé, St. Denis, Lalonde, MacInnes

citizenship, colour, ethnic origin, place of origin, race

Canadian Auto Workers, National Union and its Local 1325 et al. v. Johnson Controls Limited

disability

Brasch v. Medi+Plus #503 (Gascoigne’s), Munshaw

sex

Burman v. Mister Keys Limited o/a Key Man Engravable, Gins

sex

Carr-Kartash v. Main Street Daycare Services Inc., Simpson

disability

Christie v. Waterloo Regional Police Services

disability

Dadas v. Priszm Brands

disability

Deacon, Huber v. Metro Credit Union Limited (now Alterna Savings and Credit Union Limited), First Canadian Title

marital status, sexual orientation

Delsey v. City Chevrolet Ltd., Payne, Burroughs

disability

Desai Y., Desai V., Desai M., Desai P., v. Del Condominium Rentals Inc.

ancestry, citizenship, ethnic origin, place of origin

DiGiacomo v. University Health Network

disability

Donnan v. Investors Group Financial Services Inc., Carson

sex, reprisal

Dran v. Paramount Canada’s Wonderland Inc.

creed

Duran v. Ontario Corporation No. 000621753, Grocery Ventures (Westway) Inc. v. Mallia, Galati

age, ancestry, citizenship, disability, ethnic origin, place of origin

Faiz v. Harper Detroit Diesel Limited, Teodoro, Strathern, Dibiasio

disability

Frampton v. Regency Care Corp. o/a The Waterford, Paradine, Scully

disability

Garrelhas v. ICE Consultants Inc., Bain, Wright

disability

Gault v. The Canadian Corps of Commissionaires (Great Lakes), Kedzierski

disability

Goselin v. General Motors of Canada Limited, Bos, Bantam

disability

Goulet v. Her Majesty the Queen in Right of Ontario as represented by the Attorney General, Hayashi

sex

Graziano v. K.A.S. Personal Services Inc.

disability

Henriquez, Reyes, Mills, Viglianti v. General Motors Defense, a division of General Motors of Canada Limited

citizenship, place of origin

Hill v. Orion Bus Industries Ltd., Haswell

disability, age

Hogan v. Durham Regional Police Services, Gibson

sex

Ishabid v. Fitzgerald (c.o.b. Personal Touch Janitorial Services)

ancestry, race, reprisal

Jakubcova v. Pusateri’s Ltd. o/a Pusateri’s Fine Foods, Quesenberry, Mastroianni

sex

Joseph v. Wray Energy Controls Ltd. o/a Energy Management Systems, Gibson, McKinnon

ancestry, colour, race, sex

Kalintsis v. Stone Tile International Inc., Sherman, Hesse, Bencimol

disability, sex

Kerr v. Howard Family Shelter, Hyman, Ford, Smith, Summerfield, Gordon, Latchford, Watt, Trautmann, Pearson, Yorke, Caine-Comrie, O’Donohue

race

Khan v. The Carpet Department Inc., Shears, Metcalfe

disability

Kiessling v. The Corporation of the Town of Kirkland Lake, Day

disability, family status, harassment

Kinsella v. York Condominium Corporation No. 3

disability

Kurrek v. Ministry of Health and Long-Term Care and Ontario Medical Association

sex

Larocque v. 943118 Ontario Inc. o/a Bank Street Hyundai, Clouthier

disability

Lecky v. CPI Plastics Group Ltd., Lindsay

colour, race

Logan v. Cerase Holdings Limited, Cerase

age, colour, family status, marital status, place of origin, race, sex

Loisel v. The Niagara Regional Police Service

disability

Lyons, Westwood, v. City of Toronto and Toronto Professional Fire Fighters Association – Local 3888

age

MacDonald v. Royal Ottawa Health Care Group and Brookfield Lepage Johnson Controls

disability

Malkowski v. Ontario Association of Former Parliamentarians

disability

McGregor v. John Bruce Village Co-operative

association, family status, marital status, sex

McKay v. Bardoel

family status

McKinnon v. Ontario Public Service Employees Union, Casselman, Sellick, Dewar, Spencer, Kielty

reprisal

Medwid v. The Brick Warehouse LP (formerly known as The Brick Warehouse Corporation), Viveiros

sex, sexual solicitation, reprisal

M M v. Roberts/Smart Centre

disability

Morton/Roberts v. National Hockey League, Van Hellemond

age

Niyongabo and Ndayrubaha v. Dollco Printing, Moreau

race

Okbat v. On-Line Film Services Inc., Fox, Hall

ethnic origin

Othmer v. Cornerstone Courier Inc., Green

sex, reprisal

Passarelli v. Yacobi

sex, family status

Perritt v. Standard Life Mutual Funds Ltd., Standard Life Assurance Company, Lombardi, Mitchell

disability

Pisano-Costa v. Pure Simple Beatury Inc., Eng

place of origin, sex, harassment

Poff v. 706877 Ontario Inc. o/a Pinnacle Property Management

disability

Potter v. Serrador A., Serrador P.

race, ethnic origin

Pukas v. Halton District School Board, Bartnicki, Trigg

disability

Raguin v. Overcomers of Sudbury Inc., Lamarre, Base, Craig

marital status

Reynolds v. Toronto Transit Commission

disability

Richards v. Enbridge Home Services, a division of Enbridge Services Inc., Fortin

disability

Rill v. Kashruth Council of Canada, Levin

creed

Roberts v. Beatrice House, Chaisson

sex, sexual orientation

Robinson v. CHEP Canada Inc., Paterson, Adlam

colour, ethnic origin, place of origin, race, reprisal

Scarth v. Dolco Printing

disability, creed, reprisal

Schneider v. Gesco Industries, Dudomaine, Moncik, and Mandrake Management Consultants Inc., Jay

age

Shehab v. Citadel General Assurance Company

creed, ethnic origin

Sparks v. Martin House Corporation, Gatten

sex

Spyropoulos v. Don Mills Dental Office, Kodama

disability, family status

St. Croix v. Marvin Starr Pontiac Buick Cadillac Inc., Starr, Staley, Tekneian, Holbiski, Starr

sex, sexual harassment, sexual solicitation

Styles v. Mason Windows Limited, Proctor, Carly, Mason

harassment, colour, place of origin, race

Szkok v. Senior Link, Lipsett, McGowan

disability

Teehan v. Meadowbrook Golf and Country Club Association

sex

Van Gorp v. Her Majesty the Queen in right of Ontario as represented by the Minister of Transportation

disability

Vancamp v. 548465 Ontario Inc., Williams

sexual orientation, harassment

Wilson v. Char-Mar Developments Inc. o/a Pelee Island Hotel and Pub, Pingue, Derring

ancestry, perceived disability

Superior Court of Justice

Grounds

In the matter of the proposal of Century Circuits Inc. of the City of Toronto in the Province of Ontario (decision in bankruptcy court)

colour, place of origin, race

Divisional Court (Appeal)

Grounds

Quereshi v. OHRC and Board of Education for the City of Toronto and Central High School of Commerce and AG
(damages reduced but appeals and cross-appeals otherwise dismissed)

race, creed, sex, age

OHRC v. Lynx Industries Inc., Schram, Morris
(HRTO decision on reopening appeal regarding costs dismissed on consent – settlement reached re costs)

race, colour

Divisional Court (JR)

Grounds

Baldassaro v. OHRC and The City of Toronto
(application dismissed)

disability

Hamilton Street Railway Company, London Transit Commission, Toronto Transit Commission, and Transit Windsor v. OHRC
(application dismissed)

special programs

Jazairi v. OHRC
(application dismissed)

race

Malkowski v. OHRC and her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing
(application dismissed)

disability

Weyerhaeuser Company Limited c.o.b. as Trus Joist v. OHRC and Chornyj
(application granted, leave to appeal to Ontario Court of Appeal filed Mar. 23/07)

disability

Tubbs v. Universal Workers Union, Labourers Int’l Union of North America, Local 183, Avero, Quinn, Dionisio
(decision on costs)

race, colour

Court of Appeal

Grounds

Keays v. Honda Canada Inc.
(intervention and submissions on merits; leave to appeal to the Supreme Court of Canada granted)

disability

Jazairi v. OHRC
(motion for leave denied)

race

Losier v. OHRC
(motion for leave denied)

disability, sex, reprisal

McLean v. OHRC and Peel Regional Police Services Board
(motion for leave denied)

race

Supreme Court of Canada

Grounds

Tranchemontagne v. Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children’s Services, and between Werbeski v. Director of the Ontario Disability Support Program of the Ministry of Community, Family and Children’s Services
(OHRC as intervener, OHRC's position on appeal upheld – appeal granted)

disability

Losier v. OHRC
(2 motions for leave to appeal denied)

disability, sex, reprisal

Council of Canadians with Disabilities v. Via Rail Canada Inc., Canadian Transportation Agency, Canadian Human Rights Commission, Ontario Human Rights Commission, Commission des droits de la personne et des droits de la jeunesse, Manitoba Human Rights Commission, Saskatchewan Human Rights Commission, Transportation Action Now, Alliance for Equality of Blind Canadians, Canadian Association for Community Living, Canadian Hard of Hearing Association, Canadian Association of Independent Living Centres and Disabled Women’s Network Canada
(OHRC as intervener- OHRC's position on appeal upheld, appeal granted)

disability

Publications
Ontario

Web Site

Plain Language Documents

Aboriginal People & the Ontario Human Rights Code (available in English, French, Cree, Mohawk, Ojibway) (12/05)

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Age Discrimination: Your Rights & Responsibilities (7/03)

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Female Genital Mutilation: Questions and Answers (available in English, French, Amharic, Arabic, Somali, Swahili) (8/99)

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√ (English & French only)

Guide to the Human Rights Code (5/99)

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Guide to Mediation Services (5/97)

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Guide to Releases with Respect to Human Rights Complaints (5/06)

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Hiring: Your Rights & Responsibilities ^[*] (11/01)

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Hiring? A Human Rights Guide (3/99)

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Human Rights at Work (1/04)

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Human Rights in Ontario: A Complainant’s Guide (available in English/French; Bengali, Chinese, Gujarati, Hindi, Punjabi, Somali, Spanish, Tagalog, Tamil, Urdu, Vietnamese) (7/00)

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If You Receive a Human Rights Complaint – A Respondent’s Guide (5/99)

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Pregnancy and Breastfeeding (11/01)

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Ontario Human Rights Commission – Complaint Process Service Guide (3/07)

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Pregnancy – Before, During and After: Know Your Rights (5/99)

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Protecting Religious Rights (1/00)

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Racial Harassment: Your Rights & Responsibilities * (11/01)

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Racial Slurs and Harassment and Racial Jokes (6/96)

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The Commission: What you need to know * (11/01)

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Sexual Harassment: Your Rights & Responsibilities * (11/01)

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Sexual Harassment and Other Comments or Actions About a Person’s Sex (11/96)

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Sexual Orientation: Your Rights & Responsibilities (11/01)

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Policies and Guidelines

Guidelines on Accessible Education (9/04)

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Guidelines for collecting data on enumerated grounds under the Code (9/03)

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Guidelines on Special Programs (11/97)

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Policy and Guidelines on Disability and the Duty to Accommodate (11/00)

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Policy and Guidelines on Discrimination Because of Family Status (4/07)

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Policy and Guidelines on Racism and Racial Discrimination (6/05)

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Policy on Creed and the Accommodation of Religious Observances (10/96)

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Policy on Discrimination Against Older Persons Because of Age (2/07)

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Policy on Discrimination and Harassment Because of Gender Identity (3/00)

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Policy on Discrimination and Harassment Because of Sexual Orientation (1/06)

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Policy on Discrimination and Language (6/96)

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Policy on Discrimination Because of Pregnancy and Breastfeeding (10/01)

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Policy on Drug and Alcohol Testing (9/00)

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Policy on Employment-Related Medical Information (6/96)

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Policy on Female Genital Mutilation (FGM) (11/00)

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Policy on Height and Weight Requirements (6/96)

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Policy on HIV/AIDS Related Discrimination (11/96)

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Policy on Requiring a Driver’s Licence as a Condition of Employment (6/96)

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Policy on Scholarships and Awards (7/97)

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Policy on Sexual Harassment & Inappropriate Gender-Related Comments and Conduct (9/96)

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Other Publications

Annual Reports

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Developing Procedures to Resolve Human Rights Complaints Within your Organization (6/96)

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Human Rights Code

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Human Rights Code Card (11” x 17”)

Contact the Commission

Human Rights Policy in Ontario (2001)

Contact CCH Canadian Ltd.
90 Sheppard Avenue East Suite 300, Toronto, ON M2N 6X1
Toll Free: 1-800-268-4522 E-mail: cservice@cch.ca

2006-07
Printed
Estimates

Revised
Budget
Mar. 31, 2007

Actual
Expenditure
Mar. 31, 2007

2006-07
Year-End Variance

$

% of Revised
Budget

Salaries & Wages

9,966.8

10,378.4

10,378.4

411.6

(3.97)

Employee Benefits

1,247.9

1,187.1

1,187.1

(60.8)

5.12

Other Direct Operating
Expenses (ODOE)

2,208.7

2,031.3

2,031.3

177.4

8.73

TOTAL EXPENSES

13,423.4

13,596.8

13,596.8

173.4

(1.28)