The respondents requested the dismissal of a human rights application, arguing it was filed beyond the one-year limitation period under section 34(1) of the Human Rights Code.
The applicant had sent her application via Canada Post Xpresspost prior to the deadline, but it was received by the Tribunal after the one-year anniversary of the last alleged incident of discrimination.
The Tribunal found that because the deadline fell on a Saturday and the following Monday was a statutory holiday, the time limit was extended to the next business day under the Legislation Act, 2006.
Consequently, the application was filed in a timely manner.
Alternatively, the Tribunal held that any delay was incurred in good faith and caused no substantial prejudice to the respondents.
The request to dismiss the application was denied.