The respondent employer brought a motion to dismiss the applicant's application for judicial review of a Human Rights Tribunal of Ontario decision on the basis of delay.
The applicant had delayed 26 months in filing his application and a further three months in perfecting it, without providing a cogent explanation.
The court found that the delay caused actual prejudice to the respondents, as a key witness had since been dismissed and another respondent had already undergone a full hearing on related issues.
The motion was granted and the application for judicial review was dismissed.
