View cases - Stewart McKelvey

3matter was resolved. Mr. Yerxa recommended delaying the filing of thehuman rights complaint because if we lost it would prejudice my civil suit.17. I relied on Mr. Yerxa to safeguard all my legal rights, including thepossibility of filing a human rights complaint.18. The civil litigation regarding my wrongful dismissal did not end byChristmas of 2008, in fact it is ongoing. The one year time limit for filing acomplaint under the Act, supra passed without my receiving any warningfrom Mr. Yerxa that the time limit was approaching. I am informed by mywife, Lois Ann, that Mr. Yerxa continued to represent that filing a human2011 NBQB 131 (CanLII)rights complaint was a possibility.19. Due to the lack of progress with my civil action and my human rightsviolation, on or about February 25, 2010, I sought a second opinion withrespect to my legal rights from Cox & Palmer.20. Approximately one month later, on March 24, 2010, Cox & Palmer filed ahuman rights complaint on my behalf, in which it was outlined how thecircumstances warranted NBHRC’s exercise of its discretion pursuant tos.17.1(2) of the Act, supra. A copy of this correspondence is attached asExhibit “E”.[5] On July 14, 2010 the NBHRC provided Killam’s counsel with a decisionwith regard to his time limit extension request. Jill Peters, Director of NBHRC, said:2.0 & 2.1 states:After careful consideration, the Commission’s decision was not to grant a timeextension in this matter. The Commission found that it did not meet the criteriaset out in the New Brunswick Human Rights Commission’s Guideline of TimeLimit Extension for Complaint Initiation, Human Rights Act, s 17.1.The Guideline on Time Limit Extension for Complaint Initiation at section2.0 GROUNDS FOR EXERCISE OF COMMISSION’S DISCRETION UNDER S.17.1(2)The Commission may extend the one year time limit for making a complaintunder s.17.1(1) where: