Ken Berger

The appellant appealed a review decision upholding an inspection order that required him to remove excessive combustible materials (hoarding) from his home.

The appellant argued the inspection violated Charter values due to alleged harassment, that hoarding is not a fire safety issue, and that he had since complied with the order.

The Fire Safety Commission dismissed the appeal, finding no evidence of harassment, that hoarding poses a significant fire safety risk to occupants and first responders, and that subsequent compliance does not invalidate the original order.

The applicant filed an application under the Human Rights Code more than one year after the last incident of alleged discrimination.

The Tribunal issued a Notice of Intent to Dismiss for delay.

The applicant submitted that the delay was caused by a high-risk pregnancy, bed rest, and subsequent childcare responsibilities.

The Tribunal found it was not plain and obvious that the delay was not incurred in good faith.

The Tribunal directed that the application continue, leaving the respondents the opportunity to make further submissions on the issue of delay.