SOME OF HER ARBITRATION GOALS & DECISIONS
Ms. Chotalia has written decisions and conducted complex hearings. She has arbitrated cases in the capacity of Chairperson, Canadian Human Rights Tribunal; Bencher, Law Society of Alberta; Member, Canadian Human Rights Tribunal.
She has been invited to share her skills with lawyers and adjudicators at high profile conferences such as The Federated Press and The Canadian Institute.
She has been invited to share her skills with lawyers and adjudicators at high profile conferences such as The Federated Press and The Canadian Institute.
Chairperson, Canadian Human Rights Tribunal
ACCESS TO JUSTICE
Agreed Facts and Access to Justice
"Through active pre-hearing case management and exploration of the issues with counsel at the opening of the hearing, a number of facts were agreed to by both counsel. This agreement of facts expedited the hearing which presumably resulted in a direct cost benefit to the parties in reduced legal fees. This is particularly important given the decision of Canada (Attorney General) v. Mowat, 2009 FCA 309 (CanLII), 2009 FCA 309 in which the Federal Court of Appeal held that the Tribunal does not have the jurisdiction to award legal fees to successful Complainants, and given that there is no provision for awarding legal fees to Respondents or unsuccessful Complainants. The agreement also focused the hearingfor the Tribunal and resulted in a reduced number of issues. Also, the medical evidence of both the general practitioner and the neurologist was entered
without the need to subpoena these doctors, who were reluctant to attend the hearing, and thereby saved both parties
monies that would likely have been expended to cover the costs to have them testify. Instead, theaffidavit of Ms. Roopnarine's family physician was tendered for the truth of its contents and BMO waived its right to cross-examine him. Finally, the parties agreed that only two witnesses would testify: Ms. Roopnarine and Ms. Khan."
Roopnarine v. Bank of Montreal, 2010 CHRT 5 Para 35
"Prehearing conferences resulted in the shortening of a case anticipated to take 2 or more weeks to1 week. The agreement of facts and narrowing of the issues at the inquiry further expedited the hearing such that it took 2 days of hearing time."
Breast v. Whitefish Lake First Nation, 2010 CHRT 10
Encouragement of Settlement - Cultural Sensitivity
" I encouraged the parties to reach a settlement outside of the hearing process given that the complaint was lodged by a First Nation member against his First Nation. Unfortunately, a settlementwas not reached. However, I acknowledge and thank both counsel for making attempts to facilitate a settlement throughout this hearing."
Breast v. Whitefish Lake First Nation, 2010 CHRT 10 (para 24 & 25)
Concise & Focussed Hearings & Concise Expeditious Reasons
Decision Writing - Writing a Decision Summary For Use as a Table of Contents
“Under 25 Model” for decisions – under 25 page decisions when possible making factual findings (no recitation of evidence) - concise recitation of law and application of law to facts; concise remedies
Breast v. Whitefish Lake First Nation, 2010 CHRT 10 & Roopnarine v. Bank of Montreal, 2010 CHRT 5 (See Annual Report, CHRT, paragraphs re: "Access to Justice")
Process Mediation - Innovation
Case Management of complex cases to resultant decisions avoiding potential of lengthy litigation using parallel innovative process mediation by another Member / Mediator
FNCFCS et Al. v. Attorney GeneraL of Canada, 2011 CHRT 4
Mediation- Arbitration Combination to serve the interests of the parties at their request
Oher
Berberi v. Attorney General of Canada 2011 CHRT 23
Agreed Facts and Access to Justice
"Through active pre-hearing case management and exploration of the issues with counsel at the opening of the hearing, a number of facts were agreed to by both counsel. This agreement of facts expedited the hearing which presumably resulted in a direct cost benefit to the parties in reduced legal fees. This is particularly important given the decision of Canada (Attorney General) v. Mowat, 2009 FCA 309 (CanLII), 2009 FCA 309 in which the Federal Court of Appeal held that the Tribunal does not have the jurisdiction to award legal fees to successful Complainants, and given that there is no provision for awarding legal fees to Respondents or unsuccessful Complainants. The agreement also focused the hearingfor the Tribunal and resulted in a reduced number of issues. Also, the medical evidence of both the general practitioner and the neurologist was entered
without the need to subpoena these doctors, who were reluctant to attend the hearing, and thereby saved both parties
monies that would likely have been expended to cover the costs to have them testify. Instead, theaffidavit of Ms. Roopnarine's family physician was tendered for the truth of its contents and BMO waived its right to cross-examine him. Finally, the parties agreed that only two witnesses would testify: Ms. Roopnarine and Ms. Khan."
Roopnarine v. Bank of Montreal, 2010 CHRT 5 Para 35
"Prehearing conferences resulted in the shortening of a case anticipated to take 2 or more weeks to1 week. The agreement of facts and narrowing of the issues at the inquiry further expedited the hearing such that it took 2 days of hearing time."
Breast v. Whitefish Lake First Nation, 2010 CHRT 10
Encouragement of Settlement - Cultural Sensitivity
" I encouraged the parties to reach a settlement outside of the hearing process given that the complaint was lodged by a First Nation member against his First Nation. Unfortunately, a settlementwas not reached. However, I acknowledge and thank both counsel for making attempts to facilitate a settlement throughout this hearing."
Breast v. Whitefish Lake First Nation, 2010 CHRT 10 (para 24 & 25)
Concise & Focussed Hearings & Concise Expeditious Reasons
Decision Writing - Writing a Decision Summary For Use as a Table of Contents
“Under 25 Model” for decisions – under 25 page decisions when possible making factual findings (no recitation of evidence) - concise recitation of law and application of law to facts; concise remedies
Breast v. Whitefish Lake First Nation, 2010 CHRT 10 & Roopnarine v. Bank of Montreal, 2010 CHRT 5 (See Annual Report, CHRT, paragraphs re: "Access to Justice")
Process Mediation - Innovation
Case Management of complex cases to resultant decisions avoiding potential of lengthy litigation using parallel innovative process mediation by another Member / Mediator
FNCFCS et Al. v. Attorney GeneraL of Canada, 2011 CHRT 4
Mediation- Arbitration Combination to serve the interests of the parties at their request
Oher
Berberi v. Attorney General of Canada 2011 CHRT 23
Bencher, Law Society of Alberta
Law Society of Alberta v. J.D. 2009 LSA 17 (CanLII)
Professional conduct and sanction
Law Society of Alberta v J.D. 2008 LSA 17 (CanLII)
Breach of standard of disclosure; sanction - reprimand and the imposition of an order for costs
Law Society of Alberta v J.H. 2009 LSA 17 (CanLII)
Professional Conduct - Standard and burden of proof
Law Society of Alberta v F.B. 2009 LSA 27 (CanLII)
Professional conduct and sanction
Professional conduct and sanction
Law Society of Alberta v J.D. 2008 LSA 17 (CanLII)
Breach of standard of disclosure; sanction - reprimand and the imposition of an order for costs
Law Society of Alberta v J.H. 2009 LSA 17 (CanLII)
Professional Conduct - Standard and burden of proof
Law Society of Alberta v F.B. 2009 LSA 27 (CanLII)
Professional conduct and sanction