Mercedes Ibghi

The applicant filed a human rights application against the Toronto Catholic District School Board more than a year after the last alleged incident of discrimination.

The applicant argued that the delay was incurred in good faith because her mother, acting as litigation guardian, was focused on settling her in a new school, temporarily lost custody, and faced criminal charges.

The Tribunal found that the mother made a conscious choice not to seek redress initially, and that neither the loss of custody nor the pending criminal charges legally precluded her from filing an application or a declaration as litigation guardian.

The Tribunal concluded the delay was not incurred in good faith and dismissed the application against the Toronto Catholic District School Board for delay.