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Canada v. Canada ( Human Rights Commission )

A-290-95

Décary J.A.

18/4/96

6 pp.

Appeal from Motions Judge's decision reversing Human Rights Tribunal's dismissal of interested person's complaint against Canadian Armed Forces on grounds notice of appeal served two days outside thirty-day limitation period in Canadian Human Rights Act, s. 55-Review panel having no power to grant extension-Thirty-day period expired on Saturday-Interpretation Act, s. 26 providing when time limited for doing something expires on holiday, thing may be done on day next following that is not holiday-Interpretation Act, s. 35 defining holiday as including any non-juridical day by virtue of provincial statute-Rules of Civil Procedure of Ontario, R. 1.03 defining Saturday as holiday but Tribunal finding Rules not Act of Ontario Legislature-Appeal dismissed-Expression "by virtue of" has broad meaning and includes regulations made pursuant to Act-Interpretation Act, s. 12 requiring s. 35 be given fair, large and liberal interpretation-Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 55-Interpretation Act, R.S.C., 1985, c. I-21, ss. 12, 26, 35.

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