Genevieve M. Debane

The applicant filed a human rights application alleging that the respondents failed to accommodate his disability.

The respondents requested that the application be dismissed for lack of jurisdiction due to delay.

The Tribunal found that the central allegation of failure to accommodate occurred in 1997, well outside the one-year time limit under section 34 of the Human Rights Code.

The Tribunal held that subsequent refusals to accommodate were continuing effects of the original decision, not a series of incidents.

The Tribunal also found that the applicant did not provide a reasonable explanation for the delay, and therefore the delay was not incurred in good faith.

The application was dismissed.

The applicant sought an order to add Great Lakes Specialty Meats of Canada Co. as a respondent, arguing it was a successor corporation to his former employer, Great Lakes Specialty Meats Ltd. The Tribunal dismissed the request, finding that the new company was a complete stranger to the application, having purchased assets after the alleged discrimination occurred, and there was an insufficient relationship between the two companies to hold the new company liable.