View cases - Stewart McKelvey

12position. However, because of the ongoing law suit I doubt if the parties have lostwitnesses, documents or other evidence.Standard of Review[22] The NBHRC carefully considered the evidence submitted by Killam. Itallowed his counsel further time to submit more material. The NBHRC also gave Fitchco2011 NBQB 131 (CanLII)an opportunity to file material. In my view, it carefully considered the application for anextension of time to file and there is no evidence before me that it did in any waymisapprehend or misconstrue the material provided to it, so I find the decision not toextend the time limit a reasonable one. The decision of NBHRC meets the Standard ofReasonableness if it is transparent, intelligible and justified, and if the decision fallswithin the range of probable outcomes (see Dunsmuir supra). I find that the decisionclearly meets the Standard of Reasonableness.[23] The NBHRC complied with all statutory requirements and exercised itsdiscretion after considering all relevant factors. It treated both parties fairly.[24] The application is dismissed with costs payable by Killam to Fitchco inthe amount of $1,000.00__________________________________J. L. Clendening, J.C.Q.B.