The applicant sought to bring an application for judicial review of a Workplace Safety and Insurance Appeals Tribunal decision three years and eight months after it was released.
The Tribunal had previously ruled that the applicant's civil action against his employer was barred by the Workplace Safety and Insurance Act.
The Divisional Court applied the prior regime for judicial review delay, finding the applicant's explanations for the delay insufficient and concluding that prejudice to the respondents was presumed.
The motion to proceed with the application was dismissed for delay.
