The applicant moved to set aside the Registrar's order dismissing his application for judicial review for delay.
The applicant had filed a duty of fair representation complaint against his union two years after his dismissal, which the Ontario Labour Relations Board dismissed for delay.
The applicant then delayed in serving his application for judicial review and adding the Board as a party.
The Divisional Court applied the three-part test from Chiu and found that while the applicant had a bona fide intention to comply, he failed to provide a reasonable explanation for the delay.
Furthermore, the justice of the case did not require an extension as the Board's decision was not patently unreasonable.
The motion was dismissed.
