The special cultural context of the applicant, who lives
in an isolated community in Quebec’s far North, who
speaks practically no English or French, who depends
on the lawyers accompanying the Circuit Court for
professional consultation, who consulted a lawyer at
the first or second opportunity shows that he had not
abandoned his rights under the Crime Victims Compensation
Act, even though his application was filed
more than a year after the occurrence of the physical
damages.” (Paragraphs 7 and 8.)
- Léveillée v. Howick Textiles, [2002] C.A.Q., 2002
IIJCan37225 (Qc C.A.)
In this case, Mr. Justice Morin, dissenting, reaffirmed that ignorance
of the law is not a reasonable ground to relieve a person from failure to
act within the time prescribed by law, which is a generally recognized principle.
(Paragraph 25.)
But the application was allowed by the majority, on principles of statutory
interpretation. The majority found that there was a reasonable ground to act
outside of the time prescribed by law.
- J.B. v. The Quebec Minister for Social solidarity, [2000] T.A.Q.
File No. SAS-M-07388-0202 (18 September 2002)
The applicant contested the respondent minister’s decision
in review dated February 6, 2002, which refused to decide upon his application
because the latter had been filed beyond the time prescribed by law and no
impossibility to act had been proven.
The applicant met with his socioeconomic assistance agent, with whom he had
communication problems because he does not speak French and she does not speak
English. The applicant finally provided her with the documents that he thought
she wanted, but when he sent his application for review, the prescribed period
had lapsed.