This information sheet gives you information you need to apply to apply to add a respondent.
This information sheet tells you:
A respondent is someone you say is responsible for the discrimination. The Tribunal can only give a remedy against a respondent.
A complainant can apply to add another person or organization as a respondent.
A respondent can also apply to add a respondent if the complainant agrees or doesn’t object. The Tribunal won’t add a respondent if the complainant objects. The complainant can withdraw the complaint against that respondent. So, it makes no sense to add them as a respondent.
You must show three things:
Describe this person’s conduct. Explain how it harmed the complainant. Set out the facts that show a connection between the harm and the ground(s) of discrimination.
For more information about discrimination, see My human rights and duties under the BC Human Rights Code.
There is a 1-year time limit in the Human Rights Code.
You apply within the time limit if the conduct was in the last year.
You apply within the time limit if the conduct is similar and some of it was in the last year. The legal term is a “continuing contravention”.
If you apply late, you must show two things:
First, there is a good reason to add the respondent. The legal term is that it must be in the “public interest”.
Second, the delay does not cause real harm to anyone. The legal term is no “substantial prejudice”.
The delay means the time after the 1-year time limit.
Real harm includes things like:
Set out any harm. Explain how the new respondent can still defend against the allegation.
Or say, “I know of no harm to the new respondent.”
For more information, see Time limit for filing a human rights complaint.
You must show that adding the respondent will help get to a “just and timely resolution” of the complaint.
The Tribunal will consider the effect on the process and the outcome.
In the application, explain: