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

Information Sheet DA10

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, you must show:

Proceeding with the complaint would not further the purposes of the Code

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.”

Circumstances that meet the requirement for dismissal

The purposes of the Code may be met without a complaint proceeding to a hearing, including for the reasons set out in Information Sheets DA6-DA9, that the complaint has already been remedied or settled, or the respondent has made a reasonable settlement offer refused by the complainant.

The Tribunal has also dismissed complaints under s. 27(1)(d)(ii) of the Code in other circumstances such as where:

  • The complainant has engaged in misconduct in the course of the complaint such as repeatedly failing to comply with the Tribunal’s Rules and orders
  • The complaint duplicates the substance of an existing human rights complaint by the same complainant

Factors the Tribunal may consider

The Tribunal may consider factors including:

  • Efficiency of the Tribunal’s process and avoiding duplication of the Tribunal’s or parties’ resources
  • The need to ensure a fair process for all parties
  • The need to ensure the integrity of the Tribunal’s process