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 made a reasonable settlement offer
  
• DA8 Parties settled the complaint
  
• DA9 Complaint against individual should not proceed
  
• DA10 Proceeding would not further the purposes of the Human Rights Code (Other)
  
• DA11 Complaint made for improper purposes or in bad faith
  
• DA12 Complaint appropriately dealt with in another proceeding
  
• DA13 Complaint filed after the time limit
  

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.

There are two ways to apply to dismiss a complaint:

1. Sign into the Case Access Centre and select a new dismissal application and submit the form online
2. 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 or

• If you know that they use the Case Access Centre, send them an email to tell them that there is a new application in the “active application section” of the Case Access Centre.