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7Fitchco was provided a deadline of May 25, 2010 to file a response tothe Complaint and to provide its position on the TLE request. A copyof Mr. Cox’s correspondence is attached hereto and marked as Exhibit“D”.8. On or about May 25, 2010, Killam’s legal counsel forwarded two moresubmissions to Mr. Cox. Copies of the two letters are attached togetherhereto and marked as Exhibit “E”.9. On or about May 26, 2010, Fitchco’s legal counsel left a voice mail on2011 NBQB 131 (CanLII)Mr. Cox’s phone requesting an extension to file Fitchco’s response.This was followed up by an email or or about May 27, 2010. I amadvised by Mr. Cox, and do verily believe that Mr. Cox responded toFitchco’s email and provided a new deadline of June 4, 2010.10. Subsequently the Commission received Fitchco’s written response toKillam’s Complaint and TLE request on June 1, 2010. A copy ofFitchco’s response is attached hereto and marked as Exhibit “F”.11. On June 7, 2010 the file was transferred from Mr. Cox to anotherlawyer on staff, Sarina McKinnon, who was asked to present the file tothe Commission at an upcoming meeting.[10] After considering the additional information provided by Killam andFitchco, the NBHRC denied the extension and said Killam “failed to provide sufficientinformation to indicate that he was unable to file the complaint within the prescribed timedate due to justifiable reasons beyond his control or due to a bona fide reason.”[11] In my view, the NBHRC did all that it could for Mr. Killam. Procedureswere followed and Mr. Killam was fully informed of the statutory requirements and all