Background:
- Incident: Chodha injured in 2014, received and later lost WSIB benefits, which he successfully appealed.
- Claims: Privacy breach, conspiracy, Charter violations, Human Rights Code breaches, WSIA violations, bad faith, aggravated/punitive damages.
Decision: Summary judgment granted, no genuine issues requiring trial.
Key Points:
- Summary Judgment Principles:
- Enhance access to justice with fair, timely, and cost-effective adjudication.
- Judge to determine if genuine issue requires a trial based on evidence presented.
- Factual Background:
- Injury in 2014, benefits terminated due to alleged non-cooperation, reinstated after appeal.
- Lost USB containing non-sensitive documents, no evidence of misuse.
- Legal Analysis:
- Exclusive Jurisdiction: WSIB’s decisions fall under its exclusive jurisdiction per WSIA.
- Privacy Claim: No statutory cause of action for breach of privacy.
- Conspiracy Claim: No evidence of WSIB intending to harm or engaging in unlawful activities.
- Charter Claims: No cruel/unusual punishment (s.12) or discrimination (s.15).
- Economic Interference: No actionable wrong by WSIB; lacks jurisdiction over wage disputes.
- WSIA Breach: No statutory cause of action; appeals process working as intended.
- Mental Suffering: No evidence of outrageous conduct or provable injury.
- Human Rights Code: No substantiated discrimination.
Costs:
- Awarded to WSIB: $250 per action, total $500.
Conclusion:
- Actions Dismissed: No genuine issues requiring trial found; all claims against WSIB dismissed.