Is it in the public interest to accept a complaint filed outside the six-month limit?

British Columbia, Canada


The following excerpt is from Bulwer v. Canadian Mental Health Association, 2018 BCHRT 60 (CanLII):

Whether it is in the public interest to accept a complaint filed outside the six-month time limit is to be decided in light of the purposes of the Code as set out in s. 3 and will depend on the circumstances of the case. Both a Respondent’s interest in going about their activities without the worry of stale complaints and the complainant’s interest in accessing the Tribunal are legitimate factors to be taken into account. The list of potentially relevant factors is not closed and nor is every factor important in every case. In all cases, the inquiry is fact and context specific: Chartier v. School District No. 62, 2003 BCHRT 39, and Fontaine v. Ainsworth Lumber, 2005 BCHRT 565.

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