Jo-Ann Seamon

The applicant attempted to file a human rights complaint on the final day of the limitation period but was delayed past 5:00 PM due to printing issues at the Tribunal office.

Tribunal staff refused to accept the application, and the Tribunal subsequently ruled the later filing was out of time.

On judicial review, the Divisional Court found the Tribunal's decision unreasonable, noting it failed to consider the applicant's good faith efforts to file on time and the severe consequences of denying the application.

The application was allowed and remitted to the Tribunal.

The applicant sought judicial review of a decision by the Human Rights Tribunal of Ontario denying her request to reactivate her human rights application.

The request was made 40 days late due to the inadvertence of her counsel.

The Tribunal applied the strict test under section 34(2) of the Human Rights Code, requiring a good faith explanation and no substantial prejudice, rather than its broader procedural rules.

The Divisional Court found the Tribunal's decision unreasonable, as it fettered its discretion by refusing to consider prejudice and misapplied its own jurisprudence.

The decision was set aside and remitted to a different Tribunal member.