Dismissal applications
DA14: Time limit for filing a dismissal application
Last updated: February 1, 2024
Page contents
- Time limits for applying to dismiss a complaint without a hearing
- Legal test for extending time to file a dismissal application
- How to apply to file a dismissal application after the time limit
Time limits for applying to dismiss a complaint without a hearing
Rule 19 of the Tribunal’s Rules of Practice and Procedure sets time limits for applying to dismiss a complaint without a hearing:
- 70 days from the filing of the response to the complaint
- 35 days from the date new information or circumstances that forms the basis of the application comes to the respondent’s attention
- At least 4 months before the date set for the hearing if the basis for the application is the complainant’s refusal to accept a reasonable settlement offer
Legal test for extending time to file a dismissal application
You must show:
- The other parties consent to the extension or
- Extending the time limit would further the just and timely resolution of the complaint
How to apply to file a dismissal application after the time limit
You can also ask to file late when you complete the Form 7.2 – Dismissal Application.
Information to include in the application
If the other parties do not consent, you must give a persuasive reason to extend the time limit and convince the Tribunal that allowing the extension is fair in the circumstances.
Factors the Tribunal may consider include:
- Whether you have already missed the deadline
- The reason for the extension
- The length of extension
- Whether the respondent had complied with other deadlines
- Whether the extension would be unfair to the other parties
- How the extension would affect the complaint process, including whether the extension would delay the hearing