The applicant moved to set aside a Registrar's order dismissing its application for judicial review for delay.
The underlying application sought to quash an Ontario Labour Relations Board decision finding the respondent was an employee, not an independent contractor, and awarding unpaid wages.
The Divisional Court applied the three-part test from Chiu and found that while the applicant had a bona fide intention to seek judicial review, it failed to provide a reasonable explanation for the delay.
Furthermore, considering the merits of the application and the prejudice to the respondent, the justice of the case did not require granting an extension.
The motion was dismissed.
