|
Limitations - Administrative (2). Saltat v Correia and others
In Saltat v Correia and others (Ont Div Ct, 2026) the Ontario Divisional Court considers a limitations issue of 'continuing cause-of-action', here in an administrative context:[3] The applicant has been off work since 2019. In 2024, the applicant filed an application at the HRTO alleging discrimination in the course of employment on the grounds of disability and due to her association with a person identified by another ground. In response to the application, the HRTO requested that the applicant provide additional submissions on jurisdictional issues. Specifically, the HRTO noted that it appeared that the application was filed more than one year after the last alleged incident of discrimination and there did not appear to be facts showing good faith for an extension of time, as required by s. 34 of the Human Rights Code. Further, the applicant had not explained the factual basis for her belief that the respondents’ conduct was linked to the Code grounds that had been advanced.
[4] After a review of the materials submitted, the HRTO dismissed the application. The claim against Sunnybrook was dismissed due to delay. It was based upon events that took place before the applicant did not return to work in 2019. Those events were more than four years before the application, well beyond the one-year time requirement in s. 34(1) of the Code. As set out in the Decision, the HRTO considered whether to accept a late application under s. 34(2) of the Code, correctly noting that the Tribunal had to be satisfied that the delay was incurred in good faith and no substantial prejudice would result.
....
[22] The applicant further submits that there was a continuing contravention so the one-year time period does not apply. She submits that the discrimination that she experienced throughout her time at work at Sunnybrook and through the entire later process of her insurance applications, grievance process and other steps taken after she did not return to work meet the test for a continuing contravention. This submission overlooks the difference between the events here and a succession or repetition of discrete acts of discrimination of the same character. The last date of alleged discrimination at work at Sunnybrook was in 2019. The subsequent events do not amount to discrete acts of discrimination of the same character resulting in a continuing contravention.
|
