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Human rights application dismissed for delay as applicant failed to establish good faith reason for late filing.
The applicant filed a human rights complaint alleging that a hospital and a doctor discriminated against her based on her Aboriginal ancestry by making stereotypical comments in a discharge summary.
The respondents raised preliminary objections, including that the complaint was filed out of time.
The Tribunal found that the applicant was aware of the material facts in December 2001 but did not file the complaint until February 2004.
The Tribunal rejected the applicant's argument that she was medically incapacitated from filing earlier, noting she had pursued other legal and complaint avenues during that time.
Finding no good faith reason for the delay and potential prejudice to the respondents, the Tribunal dismissed the application as out of time under section 34 of the Human Rights Code.
