Chodha v. The Workplace Safety and Insurance Board
Pardeep Chodha
Law Firm / Organization
Self Represented
The Workplace Safety and Insurance Board
Law Firm / Organization
Workplace Safety and Insurance Board
Lawyer(s)

Erin Callery

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:

  1. 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.
  2. 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.
  3. 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.

 

Superior Court of Justice - Ontario
CV-16-00559038; CV-19-00630388
Insurance law
$ 500
Defendant