C-088 - Conduct Authority Decision

The Respondent issued a Decision finding that the Appellant had breached the Code of Conduct. That Decision also imposed certain conduct measures on the Appellant. The Appellant appealed that Decision, but presented the appeal beyond the prescribed 14-day limitation period.

Subsection 29(e) of the Commissioner’s Standing Orders (Grievances and Appeals) authorizes the Commissioner to retroactively extend the 14-day limitation period to file an appeal in “exceptional circumstances”. 

The ERC found that the Appellant missed the applicable deadline by one day. In considering whether a retroactive extension of the limitation period was justified in the circumstances, the ERC considered a four-factor test. Three of those factors were met in the Appellant’s case: the Appellant had an ongoing intention to appeal, the matter disclosed an arguable case, and granting an extension would not prejudice the Respondent.

The fourth factor to be considered was whether there was a reasonable explanation for the delay. The Appellant explained that his former counsel had inadvertently miscalculated the date on which the time limit was set to expire. The Appellant’s counsel could not recall specifically why he had miscalculated the date. After considering relevant jurisprudence, the ERC found that this did not constitute a reasonable explanation for delay. The ERC therefore concluded that a retroactive extension was not warranted.

The ERC recommends that the appeal be denied.