Contents


BC Human Rights Tribunal

Application to Dismiss Complaint: Respondent Has Made a Reasonable Settlement Offer

Information Sheet DA7

Conditions for dismissal: section 27(1)(d)(ii) of the Human Rights Code

For the Tribunal to dismiss a complaint under s. 27(1)(d)(ii) of the Code on the basis of a reasonable settlement offer, you must show:

  1. The respondent has made a reasonable “with prejudice” settlement offer, which the complainant has refused.
  2. The offer remains open to the complainant to accept, even if the complaint is dismissed under s. 27(1)(d)(ii) of the Code.
  3. It would not further the purposes of the Code to proceed with the complaint.

Information about the purposes of the Code

The purposes of the Code are set out in s. 3. They include preventing discrimination, providing remedies for discrimination, and promoting a society without barriers “to full and free participation in the economic, social, political and cultural life of British Columbia.”

The purposes of the Code may be met without a complaint proceeding to a hearing, including if the respondent makes a reasonable settlement offer that is open for the complainant to accept.

The respondent must persuade the Tribunal that, as a result of its offer, it would not further the purposes of the Code to proceed with the complaint, taking into account the preventative and remedial purposes of the Code, as well as the importance of encouraging respondents to take appropriate remedial action in response to human rights complaints.

Information about reasonable settlement offers

The offer must state that it is “with prejudice” and it must remain open for acceptance even if the complaint is dismissed under s. 27(1)(d)(ii).

Information the Tribunal will consider in assessing whether a settlement offer is reasonable:

  • Has the respondent taken other steps to address the allegations?
  • While it is not required that the respondent admit fault, is the offer, together with other steps, consistent with non-monetary remedies the Tribunal might make if the complaint were successful at a hearing?
  • Is the compensation offered within a reasonable range of what the Tribunal might award if the complaint were successful at a hearing?