What is the legal test for late filing of a discrimination complaint?
British Columbia, Canada
The following excerpt is from Bains v. Advanced Air Supply and others, 2013 BCHRT 74 (CanLII):
As indicated, according to my analysis, calculated from the last act of discrimination, the complaint is one month late-filed. While delay weighs against acceptance of the complaint, I consider that period neither minor, nor extreme or inordinate, if other considerations militate in favour of acceptance, and depending on an explanation for the delay that would enable me to conclude it would be in the public interest to accept the complaint: see Shewfelt v. Valley First and another, 2012 BCHRT 277.
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