The respondent filed a Request for an Order During Proceedings to set aside a previous Interim Decision that deemed it to have accepted all allegations in the human rights application due to a failure to respond.
The respondent explained that it assumed its accountant had filed the response.
Given the lack of prejudice to the applicant and the significant consequences for the respondent, the Tribunal exercised its discretion to set aside the previous decision and permitted the respondent to file a response.