Is there any evidence that the applicant was debilitated from pursuing his Code Rights for the past one year?
Ontario, Canada
The following excerpt is from Rheaume v. Greater Sudbury Police Service, 2019 HRTO 562 (CanLII):
His physician testified about his health situation and that the applicant’s decision making was impacted. However, his physician did not state that the applicant’s health and medical condition was such that he was debilitated from pursuing his Code rights for the entirety of the relevant one year period. See, James v. York University, 2015 ONC 2234 (Div. Ct.) at paras. 45 – 50.
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