Canadian Federal Court decision on grievances and time limits

The Federal Court of Canada (Heneghan, J.) has handed down an interesting decision in a case seeking judicial review of a decision to reject a grievance on grounds of untimeliness. The case is Simms v. Attorney General, 2016 FC 770. The court rules for Captain Simms, and finds that "the merits of the underlying grievance are a relevant factor when determining whether to accept [a] late grievance." This is consistent with U.S. law regarding the power of the boards for correction of military and naval records to allow late applications "in the interest of justice."