Konkle v. Ontario (Human Rights Tribunal), 2025 ONSC 4071
The HRTO had dismissed a disability-based application on the basis that the Applicant was one day late in filing within the one-year period. The delay occurred because the Applicant first filed at the federal CHRC. The Court found that this was an entirely reasonable mistake – in fact, both the respondent and the HRTO itself questioned whether or not the application was properly within federal jurisdiction.
The Court held that it was unreasonable to dismiss the application on the basis of a one-day delay in filing. The Court also found that the HRTO had failed to turn its mind to two key questions: whether the jurisdictional confusion was a good faith explanation for the one-day delay in filing and whether the applicant moved with reasonable dispatch upon being advised of the CHRC declining jurisdiction.
The Court also cautioned the HRTO more generally on its exercise of its discretion to extend the filing period, adding:
However, there is nothing in s. 34(2) that limits it to the very rare exception. Even without the distinguishing facts in this case, it is difficult to see how it would be reasonable to find that the requirements of s. 34(2) were not met in the case of a short delay and no substantial prejudice exists.