Substance of the complaint appropriately dealt with in another proceeding

Section 27(1)(f)

Section 27(1)(f) of the Human Rights Code allows the Human Rights Tribunal to dismiss a complaint if it was appropriately dealt with in another proceeding:

Dismissal of a complaint 

27  (1) A member or panel may, at any time after a complaint is filed and with or without a hearing, dismiss all or part of the complaint if that member or panel determines that any of the following apply:

(f) the substance of the complaint or that part of the complaint has been appropriately dealt with in another proceeding;

General principles 

British Columbia (Workers' Compensation Board) v. Figliola, 2011 SCC 52. Under s. 27(1)(f), the Tribunal may dismiss a complaint if:

  • the other tribunal had jurisdiction to decide a human rights issue
  • the other tribunal decided essentially the same issue as in the complaint
  • the complainant had a chance to know the case they had to meet and a chance to meet it (para. 37).