The Tribunal initially held that the claimant had failed to apply to the LAT within two years. The claimant’s application occurred during the transition between FSCO and the LAT. Executive Chair Lamoureux held that it was an error for the Tribunal not to consider whether the limitation period should be extended. She noted that section 7 of the Licence Appeal Tribunal Act granted the Tribunal the power to extend any limitation period under any other Act. She remitted the matter to an adjudicator to determine whether a extension should be granted. The Executive Chair looked to earlier LAT case law and wrote that the factors to consider in granting an extension are: (1) the existence of a bona fide intention to appeal within the appeal period; (2) the length of the delay; (3) prejudice to the other party; and (4) the merits of the appeal. The four factors are not strict factors that each must be met. Rather, they are a guide to assist in determining the justice of each case.
Menu