Apply to Dismiss a Complaint

Before applying to dismiss a complaint, read the Information Sheets about the legal tests for dismissing a complaint without a hearing.

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 (see user guide)
  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.