For the Tribunal to dismiss a complaint under s. 27(1)(g) of the Code, you must show:
A complaint is filed after the time limit if all the conduct complained about happened more than one year before the complaint was filed.
Part of a complaint is filed after the time limit if some of the conduct happened more than one year before the complaint was filed and that conduct is not part of a “continuing contravention” with the conduct in the part of the complaint filed within the one year time limit.
A “continuing contravention” involves repeated or similar conduct, so long as there are not significant gaps in time between events. Examples include on-going sexual harassment, an on-going failure to accommodate, or the repeated application of a discriminatory policy. The fact that a respondent maintains its position about an issue in a complaint or that conduct has on-going consequences does not mean it is a continuing contravention.
Whether a complaint is filed after the time limit is based on the conduct alleged in the complaint. Review STEPs 3 and 4A of the complaint form to determine:
If the Tribunal agrees that the complaint (or part of it) is filed after the time limit, it may allow the complaint to proceed if the complainant persuades the Tribunal that it is in the public interest to accept the late filed complaint and that no one would be substantially prejudiced the delay.
Review STEP 4B of the complaint form to see the complainant’s reasons why the Tribunal should accept the complaint.
Note: If the Tribunal has already decided to accept the late-filed complaint after seeking submissions from the parties, that decision is final and you cannot apply to dismiss the complaint under s. 27(1)(g).