March 30, 2023
Gardener v. Abell Pest Control Inc., 2023 ONSC 2026
In 2022, the HRTO dismissed as untimely an application that was filed in 2019, on the basis that it was filed 20 minutes late. The dismissal was upheld on reconsideration.
In sending the application back to the Tribunal, the Court held:
The Tribunal’s reasons, including its reconsideration, did not reflect the heightened responsibility on it to appropriately address the circumstances – a printing misadventure that caused the application to be ready to be filed at 20 minutes after 5 PM – or the consequence of its decision which denied Ms. Gardener the ability to pursue her human rights complaint.