December 16, 2024
AL-Hayali v. National Dental Examining Board of Canada, 2024 ONSC 6995
In this case, the HRTO had refused to accept an application for filing, sending the Applicant to the federal CHRC. The CHRC, months later, rejected the application as non-jurisdictional, and sent the Applicant back to the HRTO. The Applicant filed again at the HRTO in 2019, within 5 days of being sent back by the CHRC but the HRTO mistakenly found the delay was 8 months and dismissed the application on the basis that there was no good faith explanation for the delay.
The Court quashed a dismissal decision and a reconsideration decision, finding that the HRTO made factual errors in consideration of the evidence and misinterpreted the law with respect to the calculation of the one-year filing period.