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  • Latest date to file a complaint

    February 25, 2010 was the confirmation date of my exclude, for unjust reasons, from the doctoral program at a university in the province of Quebec in Canada.

    Then, I filed a complaint to the Human Rights Commission Court in Quebec. After six months this Court rejected my complaint and closed my file because of the absence of clear and explicit discrimination declaration by the university.


    Normally, the law gives right to file a complaint with the Superior Court within a period of 3 years. In my case: from February 2010 until February 2013.

    I ask if this period may be increased by the period the six months of my complaint with the Human Rights Commission Court? This means that: if the latest date to file a complaint with the Superior Court may be extended until August 2013?

  • #2
    Re: Latest date to file a complaint

    I wish to inform you that you can file a complaint for one incident just once. After a decision you may go for appeal or file for judicial review. Under concept of res judicata you may not file a complaint again. When you had once filed complaint then you have used your right to file complaint and you may not then again file complaint for same incident.

    AFF

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    • #3
      Re: Latest date to file a complaint

      Thank you very much for the response.

      I’d like to add some explanations to make my message more understandable.

      The Human Rights Commission has informed me in his letter that my complaint is not within his area of interest. And, I can deposit my complaint with the Superior Court (since I demand compensation over $ 70,000). And, I have 3 years from the date of the university decision (February 25, 2013). By consulting the legal aid office at the university (students finalists LLB; Bachelor of Laws), they advised me that the time of my complaint with the Human Rights Commission must be not counted in this period of 3 years. For that I ask for the latest date to deposit my complaint.

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