Application to Dismiss Complaint: Proceeding Would Not Further the Purposes of the Code (Other)

Information Sheet DA10

This information sheet tells you:


Legal test: section 27(1)(d)(ii) of the Human Rights Code

Section 27(1)(d)(ii) of the Human Rights Code says the Tribunal can dismiss a complaint if:

“proceeding with the complaint … would not further the purposes of this Code”.

The purposes of the Human Rights Code

Section 3 of the Human Rights Code sets out the purposes. The purposes include:

  • preventing discrimination
  • providing remedies for discrimination
  • promoting a society where everyone can fully take part.

More information:

The Tribunal may dismiss a complaint if there is already a remedy. In that case, the parties do not need to use the Tribunal’s resources.

Examples:

The Tribunal might dismiss a complaint in other situations.

Examples:

  • The complainant already filed the same complaint.
  • The complainant refuses to follow Tribunal orders.

    The Tribunal will consider:
    • What is the effect on the process?
    • Should it order costs instead?

  • The complainant insults other parties or Tribunal staff or members.

    The Tribunal will consider:
    • Did the Tribunal tell the complainant to stop?
    • Should the Tribunal order costs instead?

The Tribunal may consider:

  • The process must be fair for all parties
  • The process should not waste resources
  • Parties should not abuse the process

Sample argument

“The Tribunal should dismiss the complaint because of the complainant’s conduct.

We rely on Bakhtiyari v. BCIT (No. 5), 2007 BCHRT 200.

The complainant makes malicious comments about:

  • the respondent
  • the respondent’s lawyer
  • Tribunal staff and members.

Examples are: [list of examples of comments made].

The Tribunal warned the complainant to stop. The complainant did not stop. Examples are: [list of examples after the Tribunal warned the complainant].

The Tribunal ordered costs against the complainant. He still did not stop. Examples: [list of examples after the Tribunal ordered costs].

This conduct abuses the Tribunal’s process. The only solution is to dismiss the complaint.”