Law360 Canada (January 6, 2021, 7:45 AM EST) -- Appeal by the School District from a decision allowing the respondent’s judicial review application of the dismissal of his discrimination complaint. The respondent parent filed a complaint with the Human Rights Tribunal, alleging that the District failed to provide adequate accommodation for his child, who suffered from mental disabilities. The Tribunal dismissed the complaint because it was filed outside the six-month time limit in the Human Rights Code. Among the reasons for the delay, the respondent claimed erroneous legal advice. The Tribunal held that the public interest in hearing the complaint outside the limitation period would only be engaged on grounds of legal advice error where certain mandatory conditions were met by a complainant. According to the Tribunal, the complainant had to identify the lawyer, confirm the erroneous nature of the advice provided, and explain how the error came about. The chambers judge found that the decision of the Tribunal turned on an extricable legal error regarding the evidence required to assert erroneous legal advice as a reason for filing delay. She reviewed the authorities referred to by the parties and concluded that there was no requirement for such mandatory prerequisites. The judge concluded that the Tribunal’s decision was arbitrary because it was grounded on an erroneous conclusion with respect to a material consideration. The appellant argued that the judge erred in finding an extricable legal error and that she failed to afford sufficient deference to the Tribunal’s decision. The appellant argued the Tribunal should be given the benefit of the doubt and that, when read and in context, the decision was reasonable....