Motion to dismiss human rights application for delay denied; applicant's disability and poverty established good faith.
The employer brought a Request for an Order During Proceedings to dismiss the human rights application for delay, as it was filed approximately eight months past the one-year time limit under section 34 of the Human Rights Code.
The applicant argued the delay was incurred in good faith due to severe physical and mental disabilities, including CFIDS, ADHD, and GAD, which caused significant cognitive dysfunction, compounded by living in poverty.
The Tribunal admitted the applicant's medical evidence over the employer's procedural objections.
The Tribunal found the applicant met the good faith test for the delay and that the employer failed to establish significant prejudice.
The employer's request to dismiss the application was denied.
John Kelly v. CultureLink Settlement Services and Canadian Auto Workers Union, Local 40, 2010 HRTO 977
