The judgment in this case opens with an excellent summary of the situation regarding time limits from Langstaff J:
"Time limits are draconian. However, they are not contrary to Article 6 of the Convention of Human Rights provided that there is a means of ameliorating the necessary harshness...In this claim, the harshness of a three month cut off, for what might otherwise be a perfectly good claim, is ameliorated by the provision that a Tribunal may hold that it is just and equitable for the claim to proceed...However, it is plain from the very nature of time limits that they are intended to have general application, subject only to legitimate exceptions; and it must follow that good reason must be shown for such exceptions."