[Translation] “According to this case law, it is obvious that the application for review was filed by the applicant after the expiry of the statutory appeal period.
But, section 106 of the Administrative Justice Act allows the Tribunal to relieve a party from failure to act within the time prescribed by law, if the party establishes that he was unable, for serious and valid reasons, to act sooner and if the Tribunal considers that no other party suffers serious harm therefrom.
In this case, the applicant is an Anglophone who doesn’t read French and who was not, at the relevant time, represented by a lawyer who could have informed him of the content of the disputed decision to review.
The tribunal finds that this is a serious and valid reason, especially as the other party suffers no serious harm therefrom.
In consequence, the Tribunal relieves the applicant from his failure to act within the time prescribed and says that the applicant’s recourse is hereby admissible.” (Paragraphs 29 to 33.)