The applicant, a tenured university professor, sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing his discrimination application as out of time, and a subsequent decision denying reconsideration.
The HRTO had found that the applicant's allegations regarding a workplace investigation did not form part of a 'series of incidents' with earlier alleged discriminatory acts by a dean, and thus the application was filed beyond the one-year limitation period.
The Divisional Court applied the reasonableness standard of review and upheld the HRTO's decisions, finding that the HRTO reasonably concluded the investigation was discrete and separate from the earlier incidents, and that the applicant failed to provide a good faith explanation for the delay.