The applicant, a foreign-trained dentist, sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing his discrimination claim against the National Dental Examining Board of Canada for being filed outside the one-year limitation period.
The Divisional Court found the HRTO's decision unreasonable because it mistakenly calculated the applicant's delay in filing as eight months instead of five days, which improperly grounded its finding that the delay was not incurred in good faith.
The HRTO also unreasonably conflated the limitation periods for two separate claims of discrimination.
The application for judicial review was allowed and the matter remitted to the HRTO.
