Shalagin v. Mercer Celgar LLP and another, 2022 BCHRT 14

Mitha Law Group successfully represented the respondents to a human rights complaint to have the majority of the complainant’s allegations dismissed as being late-filed pursuant to section 27(1)(g) of the BC Human Rights Code. 

The complainant was an employee of the respondent for approximately 10 years until he was terminated. He filed a human rights complaint (along with two associated amendments) alleging that he was discriminated against throughout his employment based on his place of origin (the “Original Complaint”). 

He later filed a retaliation complaint, alleging the respondents retaliated against him for raising wage concerns involving his subordinate (the “Retaliation Complaint”). 

The Tribunal agreed with the respondents that all of the allegations related to the Original Complaint were out of time and that the discovery of documents by the complainant during the statutory limitation period did not restart any timeline. The Tribunal further found that none of the alleged discriminatory conduct was anchored to any timely allegation and did not constitute a continuing contravention.

In declining to accept the late-filed Original Complaint on public interest grounds, the Tribunal noted that it deals with many complaints about discrimination in long-term employment situations, and many allegations that an employer has acted unfairly towards a complainant in response to their complaints. The Tribunal also acknowledged that the respondents may have been prejudiced by the passage of time in responding to allegations that may be over a decade old.