Dina Maxwell

The appellant brought a motion to extend the time to perfect its appeal.

The Court of Appeal granted the motion, finding that the appellant had demonstrated a firm intent to appeal from the outset and that the delay was reasonably explained by the Superior Court's failure to issue and enter the judgment and the Court of Appeal's refusal to accept the filing without it.

The time to perfect the appeal was extended to two weeks after receipt of the issued and entered judgment.

The applicant, a university student with a disability, filed human rights complaints against the university and two student unions, alleging discrimination because her disability prevented her from taking enough credits for full-time status, thereby denying her certain benefits.

The university and one student union requested dismissal of the applications under s. 45.1 of the Human Rights Code and as an abuse of process, arguing the matter had already been dealt with by the university's internal Anti-Discrimination Tribunal.

The Human Rights Tribunal of Ontario found that the internal tribunal hearing constituted a 'proceeding' that appropriately dealt with the substance of the application against the university.

The Tribunal also dismissed the application against the student union as an abuse of process, noting the internal tribunal had recorded that complaint as resolved.