This information sheet gives you information you need to apply to put a complaint on hold.
The legal term is “defer the complaint”. This means that the parties do not need to deal with the complaint for a period of time.
This information sheet tells you:
There are two legal tests.
One applies if you want the Tribunal to wait for another proceeding that can deal with the complaint to finish.
The other applies if you want the Tribunal to wait for other reasons.
Section 25 of the Human Rights Code lets the Tribunal wait for another proceeding to finish. The legal term is “defer the complaint”.
You must show three things:
A grievance proceeding has the power
Employment Standards does not have the power
Residential Tenancy Branch does not have the power
If you want the complaint put on hold for a proceeding that does not have the power to deal with human rights, apply under the other test, set out below.
It may be fair to wait if the grievance proceeding will finish sooner.
Rule 16 of the Tribunal’s Rules let the Tribunal put a complaint on hold.
You must show 2 things:
The Tribunal will consider:
Note about judicial review of a Tribunal decision:
If a party files a petition for judicial review at BC Supreme Court, the Tribunal process continues. The party must apply to put the complaint on hold. The Tribunal will consider: