Contents


BC Human Rights Tribunal

Application to Defer a Complaint

Information Sheet GA 2

Deferring a complaint means that no further steps will be taken for a period of time or until some other thing happens.

Conditions for deferring a complaint due to another proceeding

The Tribunal may defer a complaint under section 25 of the Code if another proceeding is capable of appropriately dealing with the substance of the complaint. For the Tribunal to defer a complaint under section 25, you must show three things:

  1. Another proceeding has authority to deal with human rights issues (such as a grievance, but not Employment Standards or Residential Tenancy Branch).
  2. The issues in the complaint will be addressed in the other proceeding.
  3. It would be fair to defer the complaint.

Fairness may include the stage that each proceeding is at and which proceeding is expected to finish first.

Conditions for deferring a complaint for other reasons

The Tribunal may defer a complaint under rule 16 of its Rules of Practice and Procedure for other reasons. You must show 2 things:

  1. It would be fair to defer the complaint.
  2. It would be reasonable to defer the complaint.

Information the Tribunal will consider under rule 16

The Tribunal will consider how deferring the complaint will affect the parties compared to proceeding with the complaint. Considerations may include:

  • how long the complaint process would be put on hold
  • the effect on the parties’ resources (cost of proceeding versus waiting)
  • any impact on a parties’ ability to prove their case (or respond to the other party’s case)

The Tribunal will consider whether the reasons for the deferral are supported by documents or other information.

For example, if a party cannot proceed due to illness (or other reason), the Tribunal may consider what a doctor’s note says and when it was made.

If there is a judicial review proceeding regarding the complaint, or another proceeding that may deal with at least one issue in the complaint, the Tribunal will consider what effect the proceeding will have on the complaint, including whether it could shorten the complaint process.

Apply to defer a complaint

Apply to defer a complaint using a General Application.