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Chotalia-Resume-October-2016 SHIRISH P. CHOTALIA Q.C. Queen’s Counsel Litigation Lawyer B.A., J.D., LLM. Barrister, Solicitor & Notary Public Suite 3400 Manulife Place, 10180 -101 Street, Edmonton, Alberta Telephone: 780-421-0861 Email: [email protected] www.shirishchotalia.com I Introduction Litigation Lawyer, 1987 – 2009; 2013 - present Canadian Human Rights Tribunal Chairperson, 2009 to 2012 Elected Bencher, Law Society of Alberta, 2008 – 2009 Queen’s Counsel, 2008 Special Advocate, Canada, 2008 Member of the Alberta Bar (1987) & Ontario Bar (2010) LL.M. University of Alberta, 1991 L.L.B. University of Alberta, 1986 B.A. English Major (With Distinction), University of Alberta, 1983 Multilingual (French, Hindi, Marathi, Gujarati) II Litigation Practice 1987 – Oct 2009; May 2009 - Present Barrister, Pundit & Chotalia, (LL.P.) Barristers & Solicitors Began career as a criminal lawyer and generalist - developed civil litigation practice with emphasis in immigration, personal injury law, employment / professional discipline / human rights law litigation Landmark Litigation Cases Walsh v. Mobil Oil (2008), 296 D.L.R. (4th) 178 (Alta. C.A.): Alberta’s first female “landman” found to be victim of gender discrimination and retaliation by Mobil Oil; also practice issues - solicitor client costs issues Khiamal v. Canada (Human Rights Commission), 2009 FC 495, Khiamal v. Greyhound Canada, 2007 CHRT 34 Race & age discrimination and elements of proof Resume of Shirish Chotalia Q.C. Page 1 of 16 Grant v. Canada A.G (1995) 125 D.L.R. (4th) 556 (F.C.A.) aff'd (1994) 81 F.T.R. 195 (F.C.T.D.)(Reed J.) Sikh RCMP officer found to have a constitutional right to wear turban and government’s decision to accommodate him was required to protect freedom of religion: "The defendants and the intervenors, particularly the able argument of Ms. Chotalia for the Alberta Civil Liberties Association, turn the plaintiffs' argument respecting discrimination on its head. They argue that the Commissioner's decision was designed to prevent discrimination occurring to Khalsa Sikhs. As such they argue that that decision offends none of the provisions of the Charter, indeed that it is required by section 15 of the Charter." para 103 Vriend v. A.G. Alta. [1998] S.C.J. No. 29 (SCC) appealed from [1996] 5 W.W.R. 617 37 Alta. L. R. (3d) 364 (Alta.C.A.) Exclusion of "sexual orientation" in Individual's Rights Protection Act violates s.15 of the Charter and was "read in" (constitutional remedy) to provide access to Human Rights Commission process (counsel for Alberta Civil Liberties Association) Felipe v M.E.I. [1994] Imm 5296-93 (F.C.T.D.)Judicial review challenging medical inadmissibility provisions being then s. 19(1)(a)(ii) Immigration Act on basis of violation of s. 15 Charter – applicant contracting breast cancer in Canada and being subject to removal; See alsoTuringan v M.E.I. (1993) 72 F.T.R. 316 (F.C.T.D.)(A.C.J. Jerome) Judicial review – judgment establishing the unique nature of foreign domestic worker program; duty of fairness Kuich v. Commissioner of NWT [1994] N.W.T.J. No. 14 (NWT S.Ct.) (De Weerdt J.) Maintained tortious conspiracy action against the defendant Commissioner even though plaintiff also using the arbitration process (see also J. Vertes decision of July 1995); successful action for conspiracy & defamation re: false allegations of sexual harassment by group of unionized claimants S.M. Azer v. Canadian Security Intelligence Service (2000) (SIRC) Successfully challenged CSIS’ allegations that client was a “terrorist"; SIRC (Review Committee) ruled that CSIS's information was outdated, its brief was of "an extremely poor quality"; "full of conjecture"; "shows bias"; and that "there is no evidence whatsoever to indicate that the Complainant has ever been anything other than a peaceful law abiding individual. The service has been remarkably imprecise in its assessment of exactly what kind of activity the Complainant has in fact been carrying out." See also Azer v. Minister of Citizenship & Immigration (Sept. 2000) Application for mandamus compelling Minister to land client; violation of section 7 Charter Rights R. v. Thompson [1989] A.J. No. 192 (Q.B.) Judgment that s. 643.1 of Criminal Code held to violate s. 7 & 11(d) of Charter - use of videotape evidence in sexual offences R. v. Thompson, 1989 ABCA 234; see also R. v. Thompson, 1989 ABCA 234 Resume of Shirish Chotalia Q.C. Page 2 of 16 Current Complex Litigation Includes: Patel v. Patel (2015) (Alta Q.C.): head-on collision; fatal accident; significant personal injury BGC v. Pepillo (2015) Action no 1513 00287 (Alta. Q.B.): breach of duty of loyalty and good faith, defamation, conspiracy, et. Al. Professional Disciplinary Defence Litigation V. v Professional Institute of Immigration Consultants (2014 – present) Institute of Chartered Accountants of Alberta v. R LH (2013 & 2014) successfully defended against allegations of misrepresentation and reduction of sanction regarding less than 50% of hearing costs L. v. Alberta College of Medical Laboratory Technologists (February 8, 2006) Disciplinary hearing further to Alberta Health Professions Act; professional standards of laboratory technicians Dr. D. v. Alberta Dental Association (June 2001) Disciplinary hearing concerning codes of conduct of dentists Background as Panel Member, Law Society of Alberta, Committee Hearings Some include: Law Society of Alberta v. Davies, 2008 LSA 17 (CanLII), Law Society of Alberta v. Holder, 2008 LSA 17 (CanLII); Law Society of Alberta v. Belzil, 2009 LSA 27 (CanLII) Immigration/Terrorism/ Judicial Reviews / Administrative Appeals Duty of Fairness & Error of Law Fernandez v. MCI (2016) IMM-1452-16 and IMM-1451-16 (FCTD) Judicial review – Overseas visa office denied permanent resident status for two infant daughters based on evidentiary errors and breach of duty of fairness; JR successful and decision to be re-made by Crown consent BGC V. Minister of Employment and Social Development (2016) IMM-450-16 and IMM- 451-16 – leave granted scheduled for hearing September 12, 2016; judicial review of refusal to grant positive labour market opinion (LMO) to business; duty of fairness; no opportunity to respond; JR successful and decision to be re-made by Crown consent Resume of Shirish Chotalia Q.C. Page 3 of 16 Mekonan v. MCI (2015) IMM T-1166-15 (FCTD) - Citizenship denial – duty of fairness – process issues – decision set aside by consent Sharab v. MCI (2015) IMM T-1333-15 (FCTD) – Citizenship revocation challenge – duty of fairness – process issues – decision set aside by consent Jamba v. MCI (2015) IMM-4430-15 (FCTD) Judicial review – restoration of status and visitor visa application by student approved by province – decision set aside - successfully settled with Crown Sardar v. MCI (Dec 2015) IMM-2190-15 (FCTD) Successful judicial review – visa officer decision to deny family stream application approved by province set aside and returned to different visa officer for reconsideration Rossi v. MCI (2015) IMM 816-15 (FCTD) Judicial review – Sydney office denied provincial nominee application; decision set aside by Crown consent Jassal v. MCI (Nov 2015) IMM-7093-13 (FCTD) Successful judicial review by Crown consent – visa officer decision to deny dependant permanent resident visa set aside and returned to different visa officer for reconsideration Karwal v. MCI (2014) IMM-6756-14 (FCTD) Judicial review – Overseas visa office denied visitor visa; duty of fairness; JR successful and decision to be re-made by Crown consent Randhawa v. MCI (2014) IMM 8460-14 (FCTD) Judicial review – allegations of foreign attempted murder charges and criminal inadmissibility of spouse; complex issues of mens rea and burden of proof and foreign criminal process; successful redetermination by Crown consent Al Jarrah v. MCI (2008) Imm 911-08 had visa officer decision set aside by consent re: lack of procedural fairness Kurani v. MCI (Oct 16, 2007) T-2249-06 (FCTD) Successful judicial review – breach of procedural fairness re: denial of legal counsel; new hearing and successfully obtained citizenship. George v. MCI (2007) Imm 2429-07 Obtained stay pending judicial review; successful judicial review of refusal to grant inland h&c application to Sierra Leone senior citizen couple who were entitled to parental sponsorship by Cdn daughter; lengthy processing times and reasoning of officer at issue Chen v. A.G. (2004) (Action No: Judicial Review 0503 20829)(appeal by AG to CA) Challenge to Crown prosecutor’s decision not to consent to hate crime prosecution on basis of Charter rights Resume of Shirish Chotalia Q.C. Page 4 of 16 Immigration Detention Reviews (some include) MCI v Al Halabi (Nov 4, 2014)(ID) Successful argument to obtain release of client in complex factual case on terms and conditions. Preservation of Appeals Rights Bautista v. M.C.I. (January 16, 2006) IMM-2866–05 (F. C. T.D.) (FCA) Judicial review of inadmissibility of permanent resident on basis of criminality; issue of whether s.196 IRPA transitions provisions nullify appeal to Board thus prohibiting consideration of humanitarian and compassionate factors Extensive Litigation Securing Rights for Foreign - Disenfranchised Women McCoy v. MCI (2007) Imm 4228-07 judicial review of overseas visa officer decision: refusal of overseas h&c application in 117(9)(d) case; Crown consenting as reasons not adequate; received costs award against Crown of $1000.00; Thai woman seeking re- unification with long lost daughter; obtained h&c application thereafter Tourangeau v. Mikisew Council et.al. (2007) Aboriginal woman - sexual harassment & sexual abuse by Band Council; human rights complaint; hearing and settlement Demchenko v. Alberta Pension Administration (2003) Successfully obtained pension settlement for Ukrainian widow of deceased Canadian citizen Galeta v. M.C.I. [2002] Imm 2775-02 (F.C.T.D.) Judicial review of officer’s discretion refusing landing to Ukrainian widow/ 9 yr common law relationship with deceased Canadian / Canadian child. McBryan v. A.G.
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