Complaint process
Apply to dismiss a complaint
Read the Case Path Pilot before you apply to dismiss a complaint. It sets new requirements.
Before applying to dismiss a complaint, read the Information Sheets about the legal tests for dismissing a complaint without a hearing.
- DA1: Complaint involves a federally-regulated matter
- DA2: Complaint about conduct outside BC
- DA3: Complaint does not allege a contravention of the Human Rights Code
- DA4: Complaint has no reasonable prospect of success
- DA5: Proceeding will not benefit the complainant
- DA6: Respondent provided a remedy
- DA7: Respondent has made a reasonable settlement offer
- DA8: Parties settled the complaint
- DA9: Dismiss complaint against individual
- DA10: Proceeding would not further the purposes of the Code (other)
- DA11: Complaint made for improper purposes or in bad faith
- DA12: Another proceeding dealt with the complaint
- DA13: Complaint filed after the time limit
- DA14: Time limit for filing a dismissal application
- DA15: Format for dismissal applications
There is a time limit and page restrictions for applying to dismiss a complaint.
Before you apply to dismiss a complaint, you must disclose all documents that may be relevant to the complaint or response to the complaint. You can apply to suspend or limit disclosure. There is a limited exception for applications to dismiss a complaint against individual respondents.
Usually, a respondent may apply only once to dismiss a complaint. There is an exception if new information and circumstances come to the respondent’s attention. There is also a limited exception for applications to dismiss a complaint against individual respondents.
To apply to dismiss a complaint, complete a Form 7.2 – Dismissal Application and send it to the Tribunal’s email or office address
Make sure the other participants have a copy of your application. You can send them a copy to their address for delivery.