The respondent Workplace Safety and Insurance Appeals Tribunal brought a motion to dismiss the applicant's application for judicial review for delay.
The applicant commenced the application 10 months after the final reconsideration decision, arguing that the COVID-19 suspension of limitation periods under O. Reg 73/20 applied.
The court found that even if the suspension did not apply, the four-month delay beyond the common law six-month timeline was not inordinate.
The court held that the delay was reasonably explained by the pandemic context and caused no actual prejudice to the respondent.
The motion to dismiss was dismissed.
