What is the test for timely continuing contravention of human rights legislation?
British Columbia, Canada
The following excerpt is from Kuchta v. J Lanes Enterprises and others, 2012 BCHRT 180 (CanLII):
I emphasize that in order to establish a timely continuing contravention there must be allegations of discrimination of the same character, at least one of which must have occurred within six months of filing: Lynch v. BC Human Rights Commission, 2000 BCSC 1419. The allegations before, and after, the six-month point must be both continuing and of the same character for the earlier parts of the complaint to be timely.
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