Ena Chadha is a vice-chair at the Human Rights Tribunal of Ontario with 867 decisions on record from 2008 to 2014. Key areas include human rights, employment and labour law, administrative law.

What tribunal does Ena Chadha sit on?

Ena Chadha sits on the Human Rights Tribunal of Ontario.

What areas of law does Ena Chadha decide?

Ena Chadha's most common areas include Human Rights (867 decisions), Employment and Labour Law (371 decisions), Administrative Law (238 decisions). Ena Chadha has handled 867 decisions across 10 areas.

How many decisions has Ena Chadha made?

Ena Chadha has 867 decisions on record from 2008 to 2014.

Who frequently appears before Ena Chadha?

Representatives who frequently appear before Ena Chadha include Self-represented, Patrick James, Mandy Eason.

/Adjudicator

minicounsel

Ena Chadha — Vice-Chair

Human Rights

Employment and Labour Law

Administrative Law

Other Tribunals

Landlord and Tenant

Workplace Safety and Insurance Law

Bankruptcy and Insolvency Law

Workers' Compensation

Health Law

Family and Matrimonial Law

Ena Chadha

Vice-Chair·Human Rights Tribunal of Ontario·Since 2008

867

cases · 7 yrs · HRTO

Trial

Motion

Costs

Appeal

Sentencing

Vice-chair· 700Vice-chair· 103Adjudicator· 35Vice-Chair· 16Adjudicator· 7Human Rights Tribunal of Ontario· 2Vice-Chair· 2Vice Chair· 1

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 20, 2010

Request for reconsideration dismissed as applicant merely disagreed with original findings and provided no new evidence.

The applicant requested reconsideration of a decision dismissing her human rights application due to a delay of over seven years.

The applicant argued she was in a state of shock following her termination and unaware of the human rights process.

The Tribunal dismissed the request, finding that the applicant merely disagreed with the original conclusions and failed to establish any of the criteria for reconsideration under Rule 26.5 of the Rules of Procedure.

Gayathri Seetharam v. Iogen Corporation, 2010 HRTO 1900

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 16, 2010

Motion to dismiss under s. 45.1 denied as ESA decision did not address human rights issues.

The respondents requested that the human rights application alleging discrimination on the basis of disability be dismissed under section 45.1 of the Human Rights Code.

They argued that an Employment Standards Act (ESA) decision, which found the applicant was properly terminated for cause, appropriately dealt with the substance of the application.

The Tribunal denied the request, finding that the ESA decision focused on termination and severance pay and did not consider the human rights issues of discrimination, harassment, and accommodation.

Cartledge v. SKL4EVR Ltd., 2010 HRTO 1891

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 16, 2010

Individual respondent removed from human rights application; parties directed to provide submissions on preliminary issues.

The applicant filed a human rights application alleging discrimination and reprisal against himself and his wife.

The organizational respondent requested the removal of the individual respondent, dismissal of parts of the application due to delay, and dismissal for failing to make out a prima facie case.

The Tribunal ordered the removal of the individual respondent, noting the organizational respondent assumed responsibility for his actions.

The Tribunal also directed the parties to provide written submissions on consolidation with another pending application, delay, section 53(8) of the Code, and whether a prima facie case was established.

Peikang Dai v. Presbytery of East Toronto, 2010 HRTO 1879

Application against interprovincial employer dismissed for federal jurisdiction; claim against provincial insurer proceeds.

The applicant filed a human rights application alleging discrimination on the basis of sex (pregnancy) against her employer, Brinks Canada Limited, and the insurance provider, Great West Life.

Brinks requested that the application against it be dismissed for lack of jurisdiction, arguing it is a federally-regulated interprovincial transportation undertaking.

The Tribunal agreed, finding Brinks falls under the exclusive jurisdiction of the Canadian Human Rights Commission, and dismissed the application against the employer.

However, the Tribunal found it retained jurisdiction over the provincially-regulated insurance provider regarding the denial of disability benefits.

Craig v. Brinks Canada, 2010 HRTO 1875

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 10, 2010

Human rights application allowed to proceed past preliminary stage despite late filing due to addiction treatment.

The applicant filed an application alleging employment discrimination on the basis of disability nine days after the one-year limitation period under section 34 of the Human Rights Code had expired.

The Tribunal issued a Notice of Intent to Dismiss due to delay.

The applicant submitted that the delay was incurred in good faith because he was in a six-month addiction treatment program with limited access to the outside world.

The Tribunal applied the 'plain and obvious' test and found it was not plain and obvious that the delay was not incurred in good faith.

The Tribunal directed that the application be served on the respondent, leaving the final determination on jurisdiction for a later stage.

Jeff Servos v. Brantford Police Service, 2010 HRTO 1857

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 9, 2010

Tribunal declined to defer human rights application pending WSIB proceeding as issues did not substantially overlap.

The applicant filed a human rights application alleging discrimination in employment on the basis of disability following a work-related injury and subsequent layoff.

The Tribunal issued a Notice of Intent to Defer the application pending the resolution of a related WSIB proceeding.

The applicant opposed deferral, arguing the WSIB matter dealt with benefits termination rather than the alleged failure to accommodate and discriminatory layoff.

The respondent did not seek deferral.

The Tribunal found that the substance of the application was not the subject of the WSIB proceeding and declined to defer the matter.

David Vey v. Reliable Wood Shavings Limited, 2010 HRTO 1851

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 9, 2010

Respondent given 14 days to file a response before Tribunal proceeds without notice.

The applicant filed a human rights application alleging employment discrimination based on ancestry and ethnic origin.

The respondent failed to file a response within the required 35 days.

The Tribunal issued an interim decision warning the respondent that failure to file a response within 14 days could result in the Tribunal proceeding without further notice and deeming the respondent to have accepted the allegations.

Millage v. Williams Consulting, 2010 HRTO 1847

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 9, 2010

Tribunal declines to dismiss late-filed application at preliminary stage, finding delay may have been in good faith.

The applicant filed a human rights application alleging employment discrimination on the basis of race and ethnic origin, claiming she resigned due to discrimination and that the respondents interfered with a prospective employment offer.

The Tribunal issued a Notice of Intent to Dismiss because the application was filed more than one year after the last alleged incident.

The applicant submitted that the delay was incurred in good faith, as she believed she could raise these issues in her earlier, timely-filed complaint and transition application.

The Tribunal found it was not plain and obvious that the delay was not incurred in good faith, and directed that the application be served on the respondents to allow them to address the issue.

Shawnett Rowe v. 416 Community Support for Women and Rosie Smythe, 2010 HRTO 1845

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 9, 2010

Requests to add employer and union as respondents to human rights application granted.

The applicant filed a human rights application alleging discrimination on the basis of disability regarding overtime assignment against his manager.

The applicant subsequently requested to add his employer and his union as respondents.

Applying the Tribunal's test for adding respondents, the adjudicator found that the allegations could support a Code violation by the proposed respondents, there were compelling reasons to include them, and it would be fair to do so.

The requests to add the employer and union were granted.

Rastin v. Electro-Motive Canada, 2010 HRTO 1793

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 9, 2010

Human rights application dismissed as abandoned after applicant failed to respond to Notice of Intent to Dismiss.

The applicant filed an application under section 34 of the Human Rights Code.

The Tribunal issued a Notice of Intent to Dismiss, advising that the application appeared to be outside its jurisdiction and inviting written submissions.

The applicant failed to respond to the Notice within the required timeframe.

Consequently, the Tribunal deemed the application abandoned and dismissed it.

Michael Francis v. Woodbine Entertainment Group, 2010 HRTO 1794

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 8, 2010

Tribunal directs submissions on whether purchaser of business should be added as a respondent.

The applicant filed a human rights application alleging age discrimination after her employment was terminated following the sale of the McDonald's restaurant where she worked.

The predecessor employer advised that its assets were sold to Dendres Corporation, who subsequently sought clarification of its status.

The Tribunal directed Dendres Corporation and the parties to file submissions on whether the application can proceed against the specific restaurant location and whether Dendres Corporation should be added as a respondent, applying the factors from Smyth v. Toronto Police Services Board.

Elaine Chedore v. McBoyco Limited, McDonald’s (Brock Location), Matt Staples and Mike Michlik, 2010 HRTO 1839

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 2, 2010

Human rights application dismissed as abandoned after applicant failed to respond to jurisdictional concerns.

The applicant filed a human rights application alleging discrimination in employment based on sex and marital status.

The Tribunal issued a notice of intent to dismiss, noting the application appeared to be filed outside the one-year limitation period and lacked specific allegations regarding marital status.

The applicant was directed to provide written submissions on jurisdiction but failed to respond.

Consequently, the Tribunal deemed the application abandoned and dismissed it.

Pedrita Delvo v. Robert Lowery, 2010 HRTO 1813

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 2, 2010

Human rights application dismissed for being filed nearly eight years after the limitation period expired.

The applicant filed a human rights application alleging discrimination in employment on the basis of race and ethnic origin, nearly eight years after her employment was terminated.

The Tribunal issued a Notice of Intent to Dismiss because the application was filed beyond the one-year limitation period under section 34(1) of the Human Rights Code.

The applicant argued the delay was due to her ignorance of her legal rights and being in a state of shock.

The Tribunal found that ignorance of the law without a reason for failing to make inquiries does not constitute good faith under section 34(2).

The application was dismissed as the Tribunal lacked jurisdiction.

Gayathri Seetharam v. Iogen Corporation, 2010 HRTO 1811

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 2, 2010

Human rights application dismissed as abandoned after applicant failed to attend mediation or respond to Tribunal.

The applicant filed an application under the Human Rights Code.

The Tribunal scheduled a mediation, which the applicant failed to attend without notice.

The Tribunal subsequently directed the applicant to confirm her intentions regarding the application, warning that failure to respond would result in the application being deemed abandoned.

The applicant did not respond.

The Tribunal deemed the application abandoned and dismissed it.

Fatiha Khaldi v. SNC-Lavalin Nic. and Margaret Boughs, 2010 HRTO 1806

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 1, 2010

Tribunal narrowed scope of human rights application and directed submissions on delay and deferral.

The applicant filed a human rights application alleging discrimination and reprisal by the university and campus police.

The Tribunal issued an interim decision narrowing the scope of the application to the social area of services and specific prohibited grounds, finding no nexus to employment, contracts, creed, or age.

The Tribunal also directed the parties to provide written submissions on whether the application should be dismissed for delay or deferred pending concurrent civil and criminal proceedings.

Aberdeen v. University of Toronto, 2010 HRTO 1804

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioSep 1, 2010

Tribunal ordered further submissions to determine if a binding settlement agreement was reached.

The applicant filed a human rights application alleging discrimination in employment.

The parties engaged in settlement discussions and the applicant signed a release, but later returned the respondents' settlement cheque because it was not received by her specified deadline.

The respondents requested early dismissal of the application on the basis of the signed release.

The Tribunal issued an interim decision ordering the respondents to file a complete Response and directing both parties to provide written submissions on whether a binding settlement was reached under section 45.9(1) of the Human Rights Code.

Bazaes v. West Janitorial, 2010 HRTO 1795

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioAug 31, 2010

Human rights application dismissed for lack of jurisdiction as no Code ground was alleged.

The applicant filed an application alleging reprisal in employment, citing unfair treatment, job transfers, and demotion.

The respondent requested an early dismissal on the basis that the application failed to allege discrimination on any protected ground under the Human Rights Code.

The Tribunal found that the applicant did not allege that the mistreatment occurred because she attempted to claim or enforce her rights under the Code.

As the Tribunal does not have general jurisdiction over employment unfairness outside of Code violations, the application was dismissed for lack of jurisdiction.

Loretta Russell v. McDonald’s Restaurants of Canada Limited, 2010 HRTO 1786

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioAug 31, 2010

Human rights application dismissed as abandoned after the applicant failed to respond to Tribunal directions.

The applicant filed an application alleging discrimination in services, goods, facilities, and contracts.

The respondents filed a Request to Dismiss.

The Tribunal issued an interim decision requiring the applicant to provide written submissions on whether permitting the application to proceed would constitute an abuse of process.

The applicant failed to respond to the Tribunal's correspondence or file written confirmation by the required deadline.

Consequently, the Tribunal deemed the application abandoned and dismissed it.

S.D. v. Children’s Aid Society of Toronto, 2010 HRTO 1781

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioAug 30, 2010

Application dismissed for lack of jurisdiction as it duplicated a previously filed human rights complaint.

The applicant filed an application alleging discrimination on the basis of creed, claiming the respondents discriminatorily removed his church's religious denomination and his clergy status.

The respondents requested early dismissal, arguing the subject-matter was substantially the same as a complaint previously filed with the Ontario Human Rights Commission.

The Tribunal agreed, finding that the core allegations and remedies sought were identical to the prior complaint.

As a result, the Tribunal concluded it lacked jurisdiction under section 53(8) of the Human Rights Code and dismissed the application.

Mertick v. Office of the Registrar General, 2010 HRTO 1772

Jennifer Richards

82 cases2007–2019

Ena Chadha

HRTO0 cases2008–2014

HRTOHuman Rights Tribunal of OntarioAug 30, 2010

Human rights application deferred pending the conclusion of ongoing grievance arbitration concerning the same issues.

The applicant filed a human rights application alleging employment discrimination on the basis of race, ancestry, creed, and age.

The respondent requested that the Tribunal defer the application because the applicant had multiple ongoing grievances based on the same facts and issues.

The Tribunal found significant overlap between the application and the outstanding grievances, which primarily concerned unfair job competitions.

The Tribunal ordered the deferral of the application pending the conclusion of the grievance process, noting that grievance arbitrators have the power and responsibility to enforce human rights obligations.

McDonald v. Ontario (Environment), 2010 HRTO 1771

Page 36 of 44 (867 cases)

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for the Applicant

Self-representedSelf-represented
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Michael ChristiansonSelf-represented
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Cecil NormanAgent
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Mark WrightCounsel
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Melissa KronickCounsel
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Robert ChampagneCounsel
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for the Intervenor CAW Canada Local 4266

Mike ArmstrongUnion representative
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for the Intervenor Teamster Canada Rail Conference, Division 660

Denis EllicksonCounsel
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for the Ministry of Revenue, Ministry of Finance, Marion Crane, Helmut Zissert

Roslyn BachiooCounsel
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for the Proposed Respondent V.I.

V.I.Self-represented
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for The Regional Municipality of Peel

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for the Respondent

Tracy A. KayCounsel
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Donna PolgarCounsel
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Caroline V. JonesCounsel
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Michelle WrightCounsel
2 appearances
Adrienne CoutoCounsel
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Karen SargeantCounsel
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Roger R. MillsCounsel
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Paul MeierCounsel
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Carol VandenHoekCounsel
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Philip DayAgent
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Raquel ChisholmCounsel
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Michele WrightCounsel
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Daniel R. McDonaldCounsel
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for the Respondents The University of Western Ontario, Donne Penne and Lisa Ann Korab

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Michele WrightCounsel
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Ryan GoldvineUnion representative
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Paul D. MackCounsel
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for William Blair, Chief of Police

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Nancy Jummu-TaylorCounsel
1 appearance

Intervenor

Ryan GoldvineCounsel
1 appearance

On her own behalf

Gina CiampaSelf-represented
1 appearance
Cheryl McDonaldSelf-represented
1 appearance
Gayathri SeetharamSelf-represented
1 appearance
Anica VisicSelf-represented
1 appearance

On Her Own Behalf

Florips BajoucoSelf-represented
3 appearances
Caroline WedleySelf-represented
1 appearance
Melissa MarshallSelf-represented
1 appearance

On his own behalf

William ThomsonSelf-represented
1 appearance

On His Own Behalf

Gerrald StangretSelf-represented
1 appearance

Respondent

Brian GatienCounsel
1 appearance
Karen SargeantCounsel
1 appearance
Kevin D. SherkinCounsel
1 appearance
Ted KovacsCounsel
1 appearance
William DeplaedtSelf-represented
1 appearance

Respondents

John MoszynskiCounsel
1 appearance
Robert BaldwinCounsel
1 appearance
Zoya TrofimenkoCounsel
1 appearance

Self-represented

Juno StewartSelf-represented
1 appearance

867

Decisions

Years active

Tribunals

11.7

cases/mo

HRTO867(100%)

Decision types

motion

852

trial

Page 36 of 44 (867 cases)

Ena Chadha

Gayathri Seetharam v. Iogen Corporation, 2010 HRTO 1900

Ena Chadha

Cartledge v. SKL4EVR Ltd., 2010 HRTO 1891

Ena Chadha

Peikang Dai v. Presbytery of East Toronto, 2010 HRTO 1879

Susan McCorquodale

George Vassos

Ena Chadha

Craig v. Brinks Canada, 2010 HRTO 1875

Ena Chadha

Jeff Servos v. Brantford Police Service, 2010 HRTO 1857

Ena Chadha

David Vey v. Reliable Wood Shavings Limited, 2010 HRTO 1851

Ena Chadha

Millage v. Williams Consulting, 2010 HRTO 1847

Ena Chadha

Shawnett Rowe v. 416 Community Support for Women and Rosie Smythe, 2010 HRTO 1845

Ena Chadha

Rastin v. Electro-Motive Canada, 2010 HRTO 1793

Ena Chadha

Michael Francis v. Woodbine Entertainment Group, 2010 HRTO 1794

Ena Chadha

Elaine Chedore v. McBoyco Limited, McDonald’s (Brock Location), Matt Staples and Mike Michlik, 2010 HRTO 1839

Ena Chadha

Pedrita Delvo v. Robert Lowery, 2010 HRTO 1813

Ena Chadha

Gayathri Seetharam v. Iogen Corporation, 2010 HRTO 1811

Ena Chadha

Fatiha Khaldi v. SNC-Lavalin Nic. and Margaret Boughs, 2010 HRTO 1806

Ena Chadha

Aberdeen v. University of Toronto, 2010 HRTO 1804

Ena Chadha

Bazaes v. West Janitorial, 2010 HRTO 1795

Ena Chadha

Loretta Russell v. McDonald’s Restaurants of Canada Limited, 2010 HRTO 1786

Ena Chadha

S.D. v. Children’s Aid Society of Toronto, 2010 HRTO 1781

Ena Chadha

Mertick v. Office of the Registrar General, 2010 HRTO 1772

Jennifer Richards

Ena Chadha

McDonald v. Ontario (Environment), 2010 HRTO 1771

Applicant

Counsel

Counsel for Michael Markicevic

Counsel for OPSEU

Counsel for the Ministry of Children and Youth Services

Counsel for the Respondent

Counsel for the Respondent Ontario Labour Relations Board

Counsel for the Respondent Ontario Secondary School Teachers’ Federation

Counsel for the Respondents

Counsel for York University

for AMAPCEO, Affected Party

for Angela Mendoza-Baez

for Angelo Foti

for Canada Safeway Limited

for CAW-TCA Canada

for Gary Klein

for Habeeburrahiman Kavangal

for himself

for Jennette Frost

for Manulife Financial

for Melvin Herzog and Denise Jepersen

for Menzies Chrysler Inc., Clark Menzies and Mark Lyons

for Menzies Chrysler Incorporated, Clark Menzies, Mark Lyons

for Michael Watson

for Mohammed Manjra

for OPSEU

for Paul Cohn

for Securitas Canada Ltd., Lee McGee and Milroy Mariampillai

for Stanley Klimitz

for Stan Mei

for the Affected Party

for the Affected Party Unite Here Local 75

for the Affected Party University of Western Ontario Faculty Association

for the Applicant

for the Applicant Afat Ahmadli

for the Applicant Karina Vilner

for the Applicants