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Human rights application dismissed for delay; solicitor negligence insufficient to establish good faith.
The applicant filed a human rights application alleging discrimination on the basis of disability after she was denied entry to certain areas of a Hindu temple with her service dog.
The application was filed past the one-year limitation period under section 34 of the Human Rights Code.
The applicant argued the delay was due to her legal clinic's negligence.
The Tribunal found the applicant failed to provide a reasonable explanation amounting to good faith for the delay, noting contradictory evidence regarding which respondent the clinic agreed to pursue.
The Tribunal also found the respondents would suffer substantial prejudice due to the delay.
The application was dismissed as untimely.